I defended a hospital in this medical malpractice claim. The claimant lost oxygen for about eight minutes during a routine outpatient procedure. His attorney claimed that he needed 24-hour nursing care for the rest of his life. He was in his 50s and expected to live another 30+ years, resulting in potential damages in the millions of dollars range. We focused the defense on minimizing the damages and my mission became to prove that he did not need 24-hour nursing care and that he could still do some work in the national economy. He had filed for Social Security Disability Insurance on the basis that he could no longer do his previous job. He did not have an attorney or other representative assist him in his initial application and reconsideration. His Social Security Disability records became the mainstay of the defense. Both he and his wife, and his sister, completed activities of daily living questionnaires for the Social Security Disability examiner reviewing his claim for Social Security Disability Insurance benefits. This was part of the initial application process and everyone indicated that he spent the majority of the day by himself and could care for himself by cooking and cleaning and bathing. He could even hook up a computer, assist in paying the bills, and drive. His Social Security Disability claim was
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