Legal Definitions - simulatio latens

Simulatio Latens

Simulatio latens refers to a situation where an individual exaggerates an existing illness, injury, or psychological condition, pretending that their symptoms are far more severe or debilitating than they actually are. Unlike outright faking an illness (known as malingering), simulatio latens involves a genuine underlying condition. The key element is the deliberate overstatement of the severity or impact of these real symptoms for some perceived benefit.

• Example 1: Disability Claim Exaggeration

  A construction worker experiences a legitimate, but minor, back strain after a workplace incident. While there is some discomfort, they claim to their employer and the workers' compensation insurer that the pain is excruciating and completely prevents them from performing any physical tasks, hoping to secure long-term disability benefits. Medical assessments confirm a mild strain but find no objective evidence to support the claimed level of incapacitation or inability to work. This scenario illustrates simulatio latens because the worker has a real injury (the back strain) but is deliberately exaggerating its severity and impact to gain financial compensation.

• Example 2: Personal Injury Lawsuit Amplification

  Following a low-impact car accident, a driver genuinely experiences some whiplash and muscle soreness in their neck. However, when describing their condition to doctors, therapists, and in court during a personal injury lawsuit, they consistently portray their pain as constant, unbearable, and completely disabling, claiming they can no longer participate in hobbies or daily activities, even though they are observed engaging in many of these activities with only slight discomfort. Here, simulatio latens applies because there is an actual injury, but its effects are being significantly amplified beyond reality to influence the outcome of a lawsuit and potentially increase the settlement amount.

• Example 3: Seeking Undue Academic Accommodation

  A university student has a mild case of attention deficit hyperactivity disorder (ADHD) that occasionally makes them restless during long lectures. To gain an academic advantage, they claim to the university's disability services that their ADHD is so severe it causes extreme inability to focus, panic attacks, and complete mental blocks during exams, demanding extensive accommodations like separate testing rooms, double time for all tests, and the ability to retake any exam they feel they performed poorly on. This situation exemplifies simulatio latens because the student has a genuine condition (ADHD) but is exaggerating its severity and impact to receive undue academic benefits and preferential treatment.