It is common for someone who has been diagnosed with lung cancer to seek a silicosis lawsuit settlement against his or her doctor. Unfortunately, it is also common for doctors to be reluctant to offer such settlements, often out of fear that the patient will file a false claim and file litigation against the doctor. However, if the patient’s doctors are willing to offer a lawsuit settlement, they must stand by their diagnosis and offer a viable solution to the patient’s health problems.
Silicosis Lawsuit Settlement
Many people who have been diagnosed with lung cancer but are now in recovery, have been offered a diagnosis of mild lung impairment instead of full-blown mesothelioma. This is because the cancer can usually be controlled or reversed with surgery.
Additionally, it does not yet have the stigma that other forms of cancer have in today’s society. Also, if a person is able to successfully recover from their lung cancer, they are often offered help to pay for medical expenses related to the disease through Medicare.
There are other reasons why some doctors are hesitant to offer a silicosis lawsuit.
One is because they are not sure that the patient actually has the disease. Another is that the treatment for this disease may only work for a short time and the body will eventually need more treatment.
The problem with this is that the cost associated with treatments can quickly become exorbitant, which is why many doctors shy away from dealing with these cases. If they accept the lawsuit, however, the patient is often entitled to financial compensation for their pain and suffering, which can provide the necessary funds to obtain the best medical care.
Because the majority of lung malignancies are not life threatening and do not cause any permanent disabilities, patients are often given long enough to recover from their illness, with as little as two to three years left on the disease’s clock.
Even if a patient’s case advances quite far in the legal system, it is still unlikely that the disease will progress to the point where monetary compensation is directly available. Some cases may end up being settled out of court, while others drag on indefinitely in trial courts.
In many of these cases, the plaintiff’s attorney will request time beyond the limited time allowed by statute to allow the patient to recover from their condition.
This is often the only avenue a patient will be able to take, since most court rulings require the plaintiff to exhaust all of their time with the disease before they can move forward in seeking monetary compensation.
In the worst case scenarios, the patient’s attorneys will request a trial to determine if the disease is a terminal one or not. Even if this happens, there are often additional challenges presented to a patient wishing to pursue a silicosis lawsuit, such as proving that the negligent party was aware of the danger a patient faced with this disease.
Many attorneys who deal with these cases will offer a free consultation so patients can gather information and decide whether they wish to pursue a silicosis lawsuit.
If no agreement can be made, the case will then be presented to a jury trial. Juries are generally made up of impartial people and they are normally experienced in civil cases. Although a few jurors may not necessarily be empathetic towards the plaintiff, their decision may still be influenced by their personal experiences with a healthcare worker who was involved in a lawsuit related to lung cancer. The outcome of a lawsuit is generally non-guaranteed. For this reason, it is always important to have as much information as possible about your case, and you should contact your attorney immediately if you think that you do not agree with the results of a hearing or the extent of compensation that may be awarded to you.
