Who is liable when a victim develops Mesothelioma?

On Behalf of | May 14, 2020 | Medical Malpractice

Mesothelioma is a relatively rare and often fatal condition, often found in individuals who suffered exposure to dangerous substances like asbestos. When an individual develops mesothelioma, it is important for them to understand as much as they can about the causes of their disease and who may hold liability for it.

In many instances, mesothelioma victims develop the disease because they worked in unsafe conditions that contain asbestos, or regularly interacted with someone else exposed to asbestos. Without proper diagnosis and treatment, they may suffer painful physical symptoms and ultimately lose their life. In some cases, victims with mesothelioma do not receive the care they need because their medical care provider does not properly diagnose the disease, costing them precious time to receive treatment.

If you or someone you love suffers from mesothelioma, it is wise to gather as much information as you can about the circumstances that may have brought it about and the methods that your medical care provider uses to to diagnose and treat the illness. There is a significant chance that some other party has liability for your suffering, and protecting your rights throughout recovery may require filing a personal injury or malpractice claim.

Mesothelioma exposure

Asbestos was commonly used in construction materials and industrial manufacturing for a number of years, until evidence proved that it is a very dangerous substance that causes disease in humans.

If you suspect that you have mesothelioma, identifying when and where you suffered exposure to asbestos is crucial to building a strong claim to seek fair compensation for your losses. Exposure may occur in a work environment, such as a factory or building that contains asbestos or uses it as a part of manufacturing processes.

Exposure can also occur second-hand in individuals who live near a building with significant asbestos or regularly come into contact with someone else who suffers exposure. Many cases developed in family members of those who suffered direct exposure and brought remnants of asbestos from their workplace to their home.

While these are not the only ways to suffer exposure, they are among the most common.

Malpractice and mesothelioma

Most mesothelioma cases focus on the party responsible for asbestos exposure, but it is also possible for medical malpractice to play a role. This may occur if a victim does not receive adequate diagnosis or proper treatment following the diagnosis. As with all malpractice suits, the victim must typically take time to understand the duties that their medical care provider has to them and identify instances where the provider failed in their duties.

If you suffer from mesothelioma, it is important to look closely at all your options as soon as you can. Many courts choose to pay special attention to these cases because of the limited lifespan of many mesothelioma patients. With a strong legal strategy and an understanding of the legal and medical issues at hand in your circumstances, you can use legal tools to protect your rights while you fight for fair compensation and proper treatment.


FindLaw Network