Lung Cancer Lawsuit

dark days make us strong

A lung cancer lawsuit can help a survivor or his family cope with the aftermath of a lung cancer diagnosis. You can file a lawsuit for lung cancer if you can establish that another person’s negligence contributed to our caused the disease. A lung cancer lawsuit attorney can help you understand your legal options and how you can recover compensation.

Lung cancer has the highest rate of cancer death in the United States, accounting for 34.8 deaths per 100,000 people, according to the Center for Disease Control and Prevention.  Sadly, the length of time between diagnosis and death is often less than 19 months.  Sometimes the lung cancer was due to someone else’s negligence, and this allows the individual to pursue legal action. 

Lung Cancer Lawsuits due to

negligence

There are a few examples of lung cancer lawsuits due to negligence:

  • A doctor misdiagnosed your lung cancer as something else. This delayed diagnosis affected your ability to get treatment until the cancer had progressed, decreasing treatment effectiveness.
  • You were exposed to toxins or cancer-causing agents
  • You were exposed to asbestos

As any doctor can tell you, the most crucial step toward healing is having the right diagnosis. If the disease is precisely identified, a good resolution is far more likely. Conversely, a bad diagnosis usually means a bad outcome, no matter how skilled the physician.
- Andrew Weil

Early Detection

When lung cancer is found early, it can improve treatment effectiveness. Approximately 4,800 people die each year from lung cancer associated with asbestos exposure. Some individuals may want to consider a lung cancer screening, because of potential workplace exposure to asbestos. 

Delayed Diagnosis

Impacts Recovery

A delayed diagnosis can significantly impair the patient’s ability to successfully treat their disease. In a recent lawsuit, a 35-year-old woman was hospitalized for pneumonia, and a month later a suspicious lesion was seen on follow-up X-rays. Unfortunately, the radiologist did not document the lesion. Approximately 3 years later, the patient had a CT scan showing a Stage IV inoperable lung cancer. The lawsuit alleged that the delayed cancer reduced the patient’s survival rate from 85% to 10%, because the cancer had grown during the time of the delayed diagnosis. The parties settled outside of court for nearly $2 million USD.

delayed-cancer-case

Medical treatment can be extremely expensive, even for individuals with insurance. A lung cancer lawsuit can help to offset these expenses for you or your family.  It’s possible to recover compensation for:

  • Medical care and treatment
  • Lost income
  • Pain and Suffering
  • Diminished quality of life
  • Disability or disfigurement
  • Emotional anguish
  • Loss of companionship
  • Wrongful death

 

Our lawyers work to achieve this compensation in a variety of ways. Some individuals may have a personal injury lawsuit for malpractice against a physician or hospital responsible for the missed diagnosis. Other times, we might be able to hold an employer responsible if you were exposed to carcinogens at work. Other options for compensation include asbestos trust fund claims and a wrongful death lawsuit.  Our attorneys are knowledgeable about all of these courses of legal action and can help guide you through the legal process.

Please note that each state has a different statue of limitations for filing a claim. Because these timelines can be stringent, it’s important to act swiftly in speaking with an attorney, or you could lose your right to file a claim.

Our attorneys are skilled at handling complicated lung cancer claims.  Contact us today for a free consultation and learn more about if you might be eligible for compensation. Do it for yourself; do it for your family.  

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We offer 100% remote claim reviews, in addition to in person reviews at our Philadelphia, Malvern, Plymouth Meeting, Radnor, and Cherry Hill offices.