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Medical Malpractice versus filing a SSDI case

Medical Malpractice case or should I apply for SSDI

Recently on our disability forum we had a user whether they should file a medical malpractice case or if they should apply for Social Security Disability insurance (SSDI) benefits. This blog will address the differences between a medical malpractice case and SSDI claims and when a claimant should pursue each type of claim.

What is a medical malpractice lawsuit?

Consider, just because your medical procedure didn’t cure your condition does not mean you have a medical malpractice case. Often medical treatments go wrong despite the medical professional’s best efforts and complications can result from routine procedures. If the American public goes and hires a lawyer every time they are unhappy with the results of their medical treatment our medical system is likely to collapse or become so expensive it will be insupportable or unaffordable for the common patient.

So when do you have a medical malpractice case? If you can prove the medical care you received did not rise to the medical standard or care that you would have received from another reasonably competent and skilled health care professional, with a similar background and in the same medical community.

Often medical malpractice cases can only be won if you are able to hire good expert witnesses who are willing to testify that another doctor in the same field would not have taken the same actions.

When should I talk to a medical malpractice lawyer?

There are certain situations which are pretty clear cut cases for medical malpractice. For instance, if the doctor has left something inside you (sponges, gauze or any foreign object) after surgery, amputated the wrong limb, performed a procedure you did not consent to or failed to provide information about the risks of the procedure, you may have a case.

Can I file an SSDI case even if I don’t have a medical malpractice case?

Social Security Disability Insurance (SSDI) are benefits offered by the SSA to workers who become disabled and are unable to work for at least 12 continuous months. Workers must have a severe mental or physical condition and must prove they cannot perform what the SSA calls substantial gainful activity. Workers must also earn work credits to be considered insured for SSDI benefits.

Whether or not you file or win a medical malpractice case will have no bearing on your SSDI case. The SSA does not require that you file a medical malpractice case to win SSDI benefits. So when do you file your SSDI case? You can file your SSDI case before, after or during a medical malpractice case as long as you can prove that your injuries will keep you out of work for at least 12 continuous months.

The SSA does not care why you are injured, just whether or not you can work.

Bottom Line

If you are considering filing for SSDI your benefits will not be contingent on winning any type of injury case. Whether or not you should file a medical malpractice case is completely dependent on whether you can prove the doctor failed to act in a professional manner similar to other doctors in the same profession.
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