When Can I Sue for Getting Cancer?
According to recent data, there are approximately 1.8 new cancer diagnoses in the United States annually. Of these cases, over 600,000 result in deaths every year.
While being diagnosed with cancer can be an unpreventable tragedy, some cases actually involve negligence. If you have developed cancer because of someone’s negligence, you have the legal right to pursue compensation.
Similarly, if you have been misdiagnosed, you can seek financial recovery.
Even if you know that you have a valid legal claim, you may be unsure about suing for cancer.
Below, we will discuss many important issues and answer several questions about suing for cancer. If another party’s negligence has caused you harm or resulted in a serious medical condition, do not wait.
When you contact an accomplished attorney at Morgan & Morgan, we will fight hard for you. Our compassionate lawyers believe that every victim deserves financial recovery.
For potential clients, we offer a no-cost case evaluation. If you have questions about suing for cancer, complete our online contact form to schedule your free legal consultation today.
Common Types of Cancer
Cancer is not a single disease. Rather, cancers are a family of diseases that can affect many areas of the body.
According to the American Cancer Society, the most common types of cancers in the United States are:
There are two primary categories of skin cancers: Melanoma and non-melanoma.
Most cases of skin cancer are non-melanoma. Melanoma is the more dangerous category, accounting for more than two-thirds of all skin cancer deaths.
This type of cancer causes around 30% of all cancer-related deaths in the U.S. The most important factor in lung cancer risk is often whether a person smokes tobacco, although there can be other causes, as well.
Roughly one in every six U.S. men will be diagnosed with prostate cancer at some point in their lives. This is the most common version of the disease among men.
In one year alone, more than 240,000 cases of prostate cancer were diagnosed in the United States. To screen for prostate cancer, doctors use digital rectal exams and PSA screenings.
This is the most prevalent type of cancer among women in the U.S, aside from skin cancer. Breast cancer is the second leading cause of cancer-related deaths among women. It is second only to lung cancer.
Colorectal cancer is the third most common form of the disease for both women and men. In a single year, colorectal cancer accounted for nearly ten percent of all cancer-related deaths.
One of the clearest signs of non-Hodgkin’s lymphoma is swollen lymph nodes. There are approximately 30 different varieties of non-Hodgkin’s lymphoma that a person can suffer from.
Roughly 70,000 cases of this type of cancer are diagnosed annually in the United States.
These are only a few examples of the many known types of cancer. If you believe that someone’s negligence negatively impacted your health, speak with a qualified personal injury attorney as soon as possible.
When to Consider Suing for Cancer
There are several scenarios in which someone’s negligence, carelessness, or malpractice could affect your physical health. In rare cases, negligence on the part of someone else may result in you developing cancer.
If this happens, you have the legal right to pursue compensation for the associated costs and losses.
You should not have to bear the weight of a cancer diagnosis on your own. This is especially true if you have been the victim of a negligent person or entity.
Below, we will discuss a few different scenarios in which suing for cancer is a possibility.
Suing for Cancer Caused by Dangerous Products
Most people are unaware of the manufacturing process for the products or materials in their homes. Prolonged exposure to certain products may cause people to develop cancer.
When a product has potentially dangerous side effects, companies have a responsibility to ensure that consumers are informed. You should never have to worry that a product in your home might give you cancer over time.
Unfortunately, many companies do not make buyers aware of the potentially dangerous consequences of using their products. For instance, cigarette manufacturers denied the clear scientific links between smoking and lung cancer for decades.
When a corporation’s profit margin is at odds with the health of their customers, they often protect their own interests first.
If a company, retailer, or manufacturer sends a product to market knowing that it may cause cancer in consumers, they should be held accountable. Dangerous consumer goods should always be clearly labeled as hazardous.
If you have used a product without being made aware of the potential dangers to your health, you can pursue financial compensation for any resulting damages.
Aside from cigarette companies, there are many examples of cancer-causing products leading to complaints, legal claims, and lawsuits.
In past decades, many types of baby powder contained asbestos. This fibrous mineral has been clearly linked to incidents of cancer.
Huge companies were advertising asbestos-based baby powders to families. Because of this, many mothers and children used this dangerous product without knowing the risks.
Weed Killer Sprays
Some believe that certain types of weed killer sprays have the potential to cause cancers in consumers. Scientific studies suggest that at least certain types of weed-killing products are dangerous.
Many lawsuits have been filed as a result. Consumers have sued weed spray manufacturers for the damage that their products caused.
Many people use tanning beds to change the way they look. Tanning beds cover the user in UV light and cause some people’s skin to darken with continued use.
However, long-term use of tanning beds has been shown to drastically increase the risks of skin cancer. While the danger has been clearly established, many consumers continue to use these machines without being aware of the potential health consequences.
These are only a few examples of consumer products or appliances that have been found to cause cancer with repeated use. If you believe that a consumer product has caused you to develop cancer, speak with a personal injury attorney about your case.
Suing for Cancer Misdiagnosis
Dangerous consumer products are not the only circumstance in which suing for cancer is possible. Physicians, surgeons, and other medical professionals have an obligation to provide reliable high-quality care to their patients.
If a doctor misdiagnoses you or fails to diagnose your condition, you may be able to pursue a malpractice claim. This is especially true if your medical care provider fails to accurately diagnose your cancer.
When this happens, cancer patients may fail to begin necessary treatments in a timely manner. In most cases, early diagnosis is one of the most important elements of successful cancer treatments.
In some circumstances, failure to diagnose can be fatal for cancer patients. There are many different types of action and inaction that can qualify as medical negligence.
- Failing to take patient’s self-reports seriously
- Failing to request laboratory and diagnostic tests or scans
- Misreading medical scans, such as X-rays or CT scans
- Not referring patients to a cancer specialist
- Incorrectly diagnosing cancer as another condition
Everyone makes mistakes. Healthcare workers should not have to worry about litigation in response to good faith errors. But in some cases, misdiagnoses are the result of medical negligence.
Medical negligence occurs when a doctor does not meet the required prevailing standard of care. In other words, a physician must act in the same way that any competent care provider would act in the same situation.
This standard of care takes their experience, training, and context into account. For instance, you cannot expect a general practitioner (GP) to have the same scope of knowledge as an oncologist (cancer specialist).
When a provider is medically negligent, patients have the option to file a medical malpractice suit to financially recover from the damages.
These are a few scenarios in which you have the option to sue for cancer-related claims.