Many people have various questions regarding Mesothelioma. And since it is a fairly new disease, people really should ask questions and search for answers. Especially of those questions that pertain to their rights and to that of compensation and lawsuits. A few of the most common concerns are following:
1. Do I have the right to file a claim if I think that my health has been affected by asbestos?
A person can only file a lawsuit for compensation of mesothelioma if they are sure they have been exposed to asbestos. They can be absolutely sure by a medical examination, which will include testing and a diagnosis of mesothelioma. Seeking a confirmed medical diagnosis from your doctor as soon as you can is important. After the diagnosis is confirmed the next step is to seek legal advice quickly is critical. The lawyer will need to have complete details of your case before he/she can proceed with filing a claim.
2. Who will you be filing your claim against?
Depending on your personal situation of when, where and how you were exposed to the asbestos, will determine who you will file a claim against. For example, if the exposure to asbestos occurred from a past employer, you have the right to bring a claim against that employer. Or if the exposure was caused by a asbestos containing product, you may sue the manufacturers of that product. Or you the exposure may be a result of being in contact with someone who worked with asbestos. The best advice will come from your lawyer, who will advise you about any lawsuit that can be made.
3. Can I sue my doctor for failing to diagnose the mesothelioma sooner?
This is a complicated area. There have been cases of medical negligence in the case of mesothelioma compensation that have won. But because the disease lays dormant for decades, it is most often at the end stages of cancer before a person will seek medical help and be properly diagnosed. Additionally, symptoms are not specific, meaning that the symptoms could be related to another illness and if your doctor has no knowledge of your asbestos exposure, it is likely that the doctor will test and treat other illnesses before testing for mesothelioma. In order to avoid a misdiagnosis make sure your doctor is aware of any asbestos exposure that you may have been involved in. This gives the doctor a chance to diagnose accurately and recommend early treatment.