Pain, suffering, injury or death from lung cancer is an actionable claim under the law of torts. While healthy living is primarily your responsibility, lung cancer can and does result from various factors. In some cases, these can be because of the negligence of your doctor who might fail to diagnose you properly. It can also be because of the quality of the air you breathe which is often polluted by the manufacturing industry or the addictive chemicals in cigarette paper that the big tobacco manufacturers use. Another party in this can also be the insurance company which has failed to foot the bill in a timely fashion to allow you to get the medical care you require.
A routine chest x-ray can show even a solitary pulmonary nodule or lump in the lung which appears to be abnormal. This discovery can mean that lung cancer has been caught early on. Typically lung nodules are spots on the lungs of a certain size. A negligent physician might overlook a lung nodule (as most nodules are benign) but it can be a very risky proposition. The physician must order a CAT scan in the event that such a module is discovered. A supplementary CT scan is also advisable along with a fiberoptic bronchoscopy which can help rule out malignancy (i.e. cancerous nature) of the lung nodule. It is the duty of a radiologist to make sure that every lung nodule is properly investigated. Any breach of this duty means medical malpractice. One of the most common medical malpractice claims that are filed against physicians- especially radiologists and oncologists – is a failure to detect lung cancer, especially when there is a clear indication of the occurrence of lung nodules.
Other than a Medical Malpractice claim, several product liability claims can also be brought against “big tobacco” and other manufacturers of harmful carcinogens (i.e. cancer causing materials). The most common causes of lung cancer are smoking. However lung cancer can also result from over-exposure to asbestos which causes a specific kind of lung cancer called mesothelioma lung cancer. Mesothelioma lung cancer may occur in anyone who has been exposed to asbestos either through faulty construction or flawed manufacturing processes in insulations and fire retardants.
In a lung cancer lawsuit your lawyer will have to make the most important decision: what kind of a lawsuit you should file (for e.g. medical malpractice, product liability, insurance fraud or workplace injury) who is going to be named as a defendant in your lawsuit. The defendants might include your tobacco company whose cigarettes you were smoking, your employer, the asbestos manufacturer, your building contractor or even your insurance company. The exact nature of your lawsuit, i.e. whether it is going to be a medical malpractice lawsuit, workplace injury claim, product liability claim or insurance fraud lawsuit, will be determined by the lawyer after having gathered the facts specific to your case.