Medical negligence creates a perfect storm of complications for disability claimants. If medical professionals fall short in delivering accepted standards of care, the resulting injuries all too often leave patients permanently disabled and burdened with the task of proving their eligibility for Social Security Disability Insurance (SSDI) benefits.
SSDI benefits financial assistance to claimants who cannot work due to disabling conditions. Claimants need to establish that their condition leaves them unable to perform substantial gainful activity. Medical negligence often results in injury to patients through careless acts like surgical errors, misdiagnosis or medication errors, this can often lead to long lasting disabilities.
Understanding the Intersection of Medical Negligence and Disability
What Is Medical Negligence
Medical negligence includes a variety of below-standard care procedures that fall short from accepted medical practices. Medical staff are negligent when they fail to meet the treatment expected from reasonably competent professionals in their field. Some examples of medical negligence include:
- Surgical errors that involve the wrong body parts or failing to remove instruments from patients.
- Wrong or delayed diagnosis of fatal conditions like cancer or cardiovascular disease.
- Medication errors such as incorrect dosages, drug interactions, or an incorrect prescription.
- Improper monitoring of patients during procedures or recovery.
These negligent acts can transform routine medical encounters into life-altering disasters. A misdiagnosed stroke may progress unchecked, causing permanent brain damage. Surgical errors can result in nerve damage, infections, or organ failure. Each scenario potentially creates disabling conditions that prevent individuals from maintaining employment.
Types of Disabilities That May Arise
Medical malpractice may lead to physical and mental impairments that qualify for SSDI benefits. Physical disabilities usually manifest themselves as tangible, visible conditions, while mental impairments may develop over time following traumatic medical experiences. Physical injuries caused by medical malpractice often include:
- Nerve damage causing chronic pain or numbness.
- Paralysis due to spinal cord injury during surgery.
- Amputation due to surgical complications or untreated infections.
- Chronic illness that is complicated by delayed or inadequate treatment.
It is not only physical injuries that can occur but also mental impairments due to medical negligence. Brain injury as a result of anesthesia errors, post-traumatic stress disorder as a result of traumatic medical procedures, depression and anxiety disorders due to life-altering medical errors, and cognitive impairments owing to medication complications.
Establishing SSDI Eligibility When Medical Negligence Is Involved
Satisfying SSA’s Definition of Disability
The Social Security Administration (SSA )looks at disability claims from a medical evidence perspective, not the cause of the condition. This is significant for claimants with disabilities resulting from medical malpractice. The SSA requires evidence that the condition will limit substantial gainful activity, has continued or will continue for a period of at least 12 months, and is deemed in relation to specified medical requirements.
The SSA evaluation process focuses on limitations as opposed to the fault or cause of the disability. It will make its determination regardless of whether a disability happened due to medical negligence, genetic factors, or accidents. Claimants must establish the extent of their conditions and the impact on employability, irrespective of how they were disabled.
This approach can prove useful for claimants whose medical negligence claims are challenging. Even if it is difficult to prove malpractice, strong medical evidence of disability can still provide SSDI benefits.
Challenges Relating to Documentation
Physicians involved in negligent care can prepare incomplete, biased, or intentionally incomplete medical records. These documentation problems can have a serious impact on disability claims.
Claimants also have different documentation issues. Incomplete medical reports from faulty caregivers who attempt to conceal mistakes present the first problem. Tampered or destroyed evidence to be used in support of disability claims are additional problems. Reluctant healthcare providers who refuse to provide complete documentation make these problems worse. Contradictory medical opinions between treating and independent examiners make things even harder.
Having second opinions from expert specialists can provide unbiased estimates of the severity of a disability and its impact on functional impairment. These independent assessments are likely to receive greater trust from the SSA than reports from providers who are directly involved in substandard care.
Timing of SSDI and Malpractice Claims
The timing of SSDI applications and malpractice lawsuits requires careful coordination. Filing both claims simultaneously can create conflicting positions that undermine both cases. Malpractice attorneys may advise delaying SSDI applications to avoid statements that could affect the negligence case.
If you are unsure of when to file what type of claim, reach out to Boca Raton medical malpractice lawyers. Legal professionals can help navigate these competing interests while maximizing the chances of success.
Moving Forward Despite Complex Challenges
SSDI medical negligence claims present obstacles that require strategic thought and professional guidance. Problems with documentation, timing conflicts and difficult medical practitioners present a complex landscape that is likely to drown out an unprepared claimant.
Those with disability resulting from medical negligence must actively look after their rights and benefits to which they are entitled. Early consultation with qualified disability lawyers can avoid expensive errors and enhance the prospects of winning cases.
The post Challenges in SSDI Claims Caused by Medical Negligence appeared first on Resources on Disability Assistance: Your Rights and Benefits.
source
https://www.disabilityhelp.org/challenges-in-ssdi-claims-caused-by-medical-negligence/
