Legal Question in Personal Injury in California
has a supervisor ever been sued for causing premature birth do to undue stress?
2 Answers from Attorneys
I doubt that any doctor would give the opinion that the birth was premature due to stress.
You would need that to win the case. Plus, there are no damages that I can envision.
That would be a workers' compensation claim and assuming you can prove that the premature delivery was caused by stress of the job then you would be entitled to medical treatment cost over the normal delivery costs, temporary disability and any permanent disability resulting from the premature delivery. Permanent disability which usually is partial has to do with how the injury affects your ability to work. Having a baby prematurely may cause emotional/psychological injury. The baby may have the right to sue the supervisor and the employer for any injury caused by the premature birth. Again, you must prove that the premature delivery was caused by stress and expert testimony will be required from an obstetrician. That will be hard to obtain and expensive so unless the baby suffered permanent injury from the premature birth and the stress was excessive and not normal for the job and you did not take reasonable steps thhhho avoid it then it will be difficult to find a lawyer that will take the case and represent the baby. So you will need a workers