Mesothelioma is indeed one of the most talked-about diseases of this century. This is because more and more people are being afflicted by the ailment and there are lawsuits being filed linked to the diagnosis.
Mesothelioma is a rare form of cancer that is developed in the mesothelial tissue, or the sacs that surround the body's internal organs. When unlikely matters accumulate in these tissues, a tumor may arise.
Mesothelioma is often diagnosed in the chest area. It is caused by the inhalation of asbestos, a construction material widely used in the past for insulation purposes. Because asbestos is disintegrative in nature, when exposed to air, it slowly breaks down into very fine fibers that also goes with the air.
When a person inhales the air that contains the micro-fibers of asbestos, the substance will proceed to the lungs and then to the sacs surrounding the lungs.
There are problems arising from the diagnosis of mesothelioma. Often, there are failures in proper and immediate diagnosis of the disease. A person will surely develop mesothelioma after being exposed to asbestos for at least about a month or two. The problem is that mesothelioma does not abruptly and easily develop and manifest symptoms.
On the average, it takes about 20 to 30 years after exposure to asbestos before a person is diagnosed with the disease. Worse, symptoms usually show up when mesothelioma is already at the terminal stage. This is the cause of problems for mesothelioma patients who are aiming to seek compensation from asbestos firms.
Why lawsuits can fail
When a patient is diagnosed with mesothelioma, chances are often that he or she is already in the final phase of the cancer. That means, it will only be a year at the maximum for the patient to live. It is only after diagnosis that any mesothelioma victim can file a lawsuit.
You know how long litigation processes take. It will take at least more than a year before a lawsuit is taken to court or at least be given initial hearing. If the mesothelioma patient is only given a year to live, how would he be able to seek justice for the damage done to his health?
Often, asbestos damage lawsuits are junked or stopped after the complainant dies. Not unless the family of the victim will pursue the case, which would just be harder, more tedious and more costly, asbestos damage claims often fail.
Failure to diagnose mesothelioma on time raises much concern among potential mesothelioma victims. But how can justice be served to the victims? How can compensation be awarded appropriately to the patients?
If there are controversial legal cases getting into the headlines nowadays, they could be among those rare instances wherein the complainants lived up longer than the usual year-long life expectancy after the diagnosis.
Some patients live to pursue lawsuits
Not all diagnosed mesothelioma cases end up in death. Some patients, especially those diagnosed with epithelial malignant mesothelioma, can overcome or survive the disease. When these patients do, their chances of seeking proper compensation and damages against asbestos companies are greater.
The fact that their lives have been altered by mesothelioma also makes the case more inclined to be in favor of the complainant. The few numbers of asbestos firms worldwide have spent most of their corporate lives defending themselves against such lawsuits that most of these companies have already folded up and filed for bankruptcy.
That is another problem. If asbestos firms responsible for mesothelioma incidences in an area collapses, how can the patients be compensated? Luckily, some governments are mindful and responsible enough to handle such cases.
The governments either seize the company or assign administrators so the remaining assets would be spend to compensate existing and potential mesothelioma complainants. Several state governments in the United States and Australia are doing such acts to protect the interest of asbestos exposure victims.
Diagnosis of mesothelioma, or failure of it, often becomes problematic and stalled. But if you think you have been exposed to asbestos in the past, do initiatives to monitor your health and seek legal advice regarding the situation. Asbestos firms for their part, should be responsible in providing assistance and compensation to mesothelioma victims.
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