What is the burden of establishing disability in a medical malpractice case?
MultiRegion, United States of America
The following excerpt is from Culver v. Chater, 116 F.3d 1485 (9th Cir. 1997):
A claimant bears the burden of establishing disability by showing she is unable to perform her previous work because of a physical or mental impairment. See Villa v. Heckler, 797 F.2d 794, 796-97 (9th Cir.1986). She must prove an inability to return to her former type of work, not just to her former job. See id. at 798
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