A Lawsuit for Negligence in Health Care
A Northport health services lawsuit has been filed against the Northport Health Services Department for denying disabled persons equal opportunity in employment. Residents of Pine City, deaf and blind persons, and persons with developmental disabilities are all seeking equal employment opportunities. The lawsuit claims that the Northport Health Services Division engaged in unlawful discrimination, among other things, in failing to grant disabled persons equal opportunity when it comes to jobs. According to the lawsuit, the division discriminated against these individuals on the basis that they did not meet the minimum height and weight requirements required by the department.
Several lawsuits have been filed over this matter.
In one case, a lawsuit was filed against the division, and in response, the department denies any wrongdoing on their part. In another case, an individual who has a developmental disability was denied a position as a grounds for denying his application for a nursing position. This individual then filed a lawsuit against the department, claiming he had been discriminated against because of his disability.
According to the lawsuit, the State of Northport discriminated against him due to his disability and because he qualified for a position that was already filled by an individual who had more training and experience.
The lawsuit further claims that the department, through its acting general manager, failed to train its employees in basic job skills and education. The State of Northport also allegedly violated the Fair Labor Standards Act by excluding disabled individuals from positions requiring special training or experience. The lawsuit also contends that the State of Northport discriminated against disabled individuals when it denies disabled persons equal opportunity in education and employment.
Another group filing suit is the Disability Law Center of Maine.
Their lawsuit, which was filed in November of last year, claims that the Northport Health Services Division systematically fails to meet its legal duty to accommodate the needs of disabled individuals. As a result, the center claims that many persons with disabilities are being rejected for employment and also losing benefits because of their disability.
An additional claim in the lawsuit involves the denial of benefits to an individual who was entitled to receive benefits under the Maine Kidcare Program. The Maine Kidcare program was established in 1998 to provide low-cost care for children. According to the lawsuit, the center was forced to shut down its Maine Kidcare program because the State of Maine did not accept the funding needed to sustain the program. The claim also indicates that this particular incident violates the provisions of the Americans with Disabilities Act.
The Maine Disability Rights Association is responsible for maintaining the booklet titled “Disability Discrimination Law – A Guide for Relying Parties,” which explains when and how disability discrimination occurs.
According to this booklet, a “disability” is defined as an impairment that makes it difficult for an individual to perform ordinary bodily functions. For example, a person who is perfectly healthy and is unable to walk for one hundred feet due to a lack of flexibility could be found to have a disability. Another way to determine if an individual has a disability is to ask him or her whether they need medical assistance. If an individual refuses to take the medication required for recovery, they may be suffering from a disability.
As previously stated, the State of Maine is covered by the Americans with Disabilities Act (ADA). Therefore, individuals who file claims under this federal act are automatically protected. This means that they cannot be discriminated against when it comes to filing claims under the ADA. Similarly, individuals who file claims under these laws are not protected against fraud, which may extend to insurance companies, hospitals, long term care facilities, and providers of medical services such as physicians, dentists, and other healthcare providers.
Last, but not least, there are additional protections provided to the individual who files a Northport health lawsuit.
Depending on the nature of the claim, the injured person may be eligible for compensation for past and future medical costs, lost wages, future earning potential, pain and suffering, and other types of losses. As previously stated, these types of cases are usually settled out of court, so the defendant (or their insurance provider) will often negotiate payments or settlements out of court. However, should a settlement agreement be reached, the defendant’s insurance company will be required to reimburse the plaintiff for past and future medical costs, lost wages, and other types of losses incurred as a result of the suit.