Pregnancy lawsuits are filed by women who claim that a particular company, physician, manufacturer or other entity was negligent in one way or another while providing medical care for their pregnancies. Usually these lawsuits are filed with the help of an attorney who is an expert in handling such lawsuits. To search for this online, you can type in pregnancy discrimination lawyers near me and look at their previous client reviews and portfolio. Although pregnancy lawsuits have existed for over forty years, they have become more popular lately. This is largely due to the fact that a large number of women have been able to successfully receive monetary compensation from companies and physicians who have been negligent while treating their pregnancies. This has especially helped women to gain the necessary financial means to pay for their attorney’s fees and to sustain themselves and their families until their pregnancies are over.
The most common lawsuit which involves pregnancy lawsuits is that filed by a woman who has undergone a tubal ligation to prevent her from having children.
In many instances, tubal ligation reversal is not covered under medical insurance policies, leaving women to pay the costs of having babies. Unfortunately, not all attorneys specialize in such lawsuits. This makes it extremely important for women who wish to pursue a lawsuit to locate an attorney who is knowledgeable in dealing with this type of lawsuit. This will ensure that the lawsuit will be handled properly.
Women also filing pregnancy lawsuits against medical practitioners are usually those who have given birth to a child during a hospital stay.
Specifically, these women are filing a claim in a civil court to hold the hospital responsible for not providing proper medical care while giving birth. It is important for women to remember that although hospitals are required to treat all patients fairly and equitably, they are not immune from being held responsible when it comes to negligence in this area. In addition, if the patient decides to file a suit, the court will require the hospital to pay the costs of her attorney. To make matters even more complicated, there is usually a time limit within which a hospital must respond to a suit.
Another area in which pregnancy lawsuits are common involves employers who refuse to hire pregnant employees.
This happens most often with part-time employees since most part-time workers are not eligible for employer-sponsored health insurance, leaving them very exposed to becoming subjected to discrimination. Employers are required to turn over employment applications to the Department of Labor, which will conduct a thorough review before granting any employment permits.
Finally, there are many aspects of pregnancy discrimination cases that fall outside of the realm of traditional litigation.
This includes denial of promotion or advancement to full-time status, failure to grant leave accommodations, as well as dismissal due to discrimination. As one might expect, the few areas in which most litigation does not occur are precisely the ones in which most employers engage in the most anti-discrimination practices, further reflecting the difficulty of proving pregnancy discrimination.
One way to remedy the problem of pregnancy discrimination is by ensuring that any employment application includes a statement covering both the rights of the mother and the rights of the unborn fetus. This requirement has actually become quite common and is currently used in many states throughout the country. However, employers may still refuse to include this language, pointing to the fact that Title II of the Federal Constitution requires employers to make reasonable accommodations for employees who may be pregnant. Similarly, courts have allowed employers to avoid dealing with pregnancy claims by modification of the Title II guidelines themselves. Such modifications would likely allow pregnant employees to make claims under the Title II and/or pursue claims under the state human rights laws that they are subject to.
