One of the more interesting and instructive aspects of the appellate decision in White v. Advocate Condell Medical Center is the court’s treatment of a recurring defense tactic in wrongful death cases: attempting to minimize loss of consortium damages by introducing evidence that the surviving spouse has moved on romantically.
The defendants argued that the jury should have been allowed to hear evidence that Michael White entered into a romantic relationship after his wife’s death. The trial court barred that evidence. The appellate court affirmed that ruling.
The reasoning matters. It goes directly to how Illinois courts define loss of consortium and how far defendants can go in trying to dilute it.
Chicago Medical Malpractice Lawyers Blog

