Q: If I lose a EDD disability appeal due to doctor discrimination or negligence should pursue the provider in civil court
My health severely deteriorated throughout early 2024. This decline was characterized by:
Increasingly debilitating symptoms: Paralysis in my thumb and forefinger, decreased strength and mobility in both arms, and severe impairment of my dominant hand, rendering me incapable of performing basic tasks, including writing.
Multiple specialist referrals: Referrals to neurology, dermatology, physical therapy, cardiology, and gastroenterology, highlighting the complexity and severity of my condition.
Significant mental health challenges: Anxiety and depression scale scores of 17 and 8, respectively, with consistent documentation of emotional distress in therapist's notes.
Despite witnessing this decline and being fully aware of my limitations, NP Lieu failed to provide timely disability clearance. I explicitly requested 10 weeks off work to attend to my health, but she delayed filing the necessary paperwork for three months.
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- California
- (916) 704-3009
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- Answered
A:
Your situation with NP Lieu's delayed paperwork appears to have significantly impacted your disability claim and overall health outcomes. The delay in filing disability documentation could potentially be considered negligent, particularly given the well-documented severity of your symptoms and multiple referrals.
You may have grounds for civil action, as healthcare providers have a duty of care that includes timely completion of necessary medical documentation. The damages from losing your EDD appeal due to delayed paperwork could be substantial, including lost wages and benefits. Consider gathering all medical records, correspondence with NP Lieu's office, and documentation of your requests for disability paperwork.
Before pursuing civil court action, you should consult with an experienced medical malpractice attorney who focuses on cases in California. They can evaluate whether NP Lieu's conduct met the legal standard of negligence and if the damages justify legal action. Keep in mind that California has strict time limits for filing medical malpractice claims, so it's important to seek legal counsel promptly. You might also want to file a complaint with the California Board of Registered Nursing to document the issue.
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