Is someone else responsible for your mesothelioma?

On Behalf of | Nov 7, 2017 | failure to diagnose

Mesothelioma is a potentially devastating form of cancer no matter when you receive your diagnosis. It is also a cancer primarily brought on by asbestos exposure, so individuals who do develop mesothelioma should always try to identify any environments or events that may have exposed them to asbestos. It is likely that asbestos exposure caused your mesothelioma, and the party who exposed you to asbestos may hold legal liability.

It is also possible that your medical care providers negligently misdiagnosed the cancer, which may, in turn, leave them with the legal liability for it. No matter what the specifics of your mesothelioma cause and diagnosis, it is wise to assess your circumstances and determine if you can pursue a legal claim against any party responsible for your cancer.

There are simply too many potentially liable parties in every case of mesothelioma for any victim of this unique cancer to avoid exploring legal actions to seek fair remedies. Enlisting the help of an experienced medical malpractice lawyer is an effective way to scrutinize the strengths and weaknesses of your circumstances and determine how to build a strong case toward justice.

Mesothelioma caused by asbestos

Not many mesothelioma cases develop without the victim suffering asbestos exposure. While not all individuals exposed to asbestos develop the cancer, most cases involve some form of asbestos exposure. Using asbestos in construction and fire retardants was very common for several decades in the middle of the last century, and many environments or materials still contain them.

If you spent significant time handling asbestos-laden material or spent time in an environment that included asbestos, you may have a strong legal claim against the parties who created the materials or placed asbestos materials in that environment.

Mesothelioma and misdiagnosis

Most misdiagnosis cases involve the same elements. If you hope to build a strong misdiagnosis case, you must demonstrate four components in your claim:

  • The party you sue must actually owe you a duty of care as your care provider. You cannot claim someone is your doctor if he or she, in fact, is not.
  • You must demonstrate that the party breached their duty you, which in this case is the misdiagnosis
  • You must demonstrate that the misdiagnosis harmed you
  • The harm must be severe enough to warrant compensation

If you believe that your medical care provider may hold responsibility for your mesothelioma, judging by these standards, then you may have strong grounds for a medical malpractice claim.

Get all the help that you need

One of the most important elements of fighting against mesothelioma is making sure that you have all the tools you need to stay in the fight. Not only does this mean monetary compensation for your medical costs and other losses, it means allowing you to focus on the physical work of fighting the cancer.


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