If you believe that you are developing or have developed lung cancer, you might seek out a doctor to get their professional option. You should be able to trust them to give you a proper diagnosis based on their professional knowledge and experience. However, there are situations in which a doctor fails to properly diagnose your lung cancer, either by misdiagnosing it or by not recognizing it at all.
This kind of medical malpractice can create a significant delay in the administration of proper treatment. According to a report by the South Dakota Cancer Registry (SDCR), lung cancer was the leading cause of cancer deaths in the state in 2015, accounting for 26% of all cancer deaths. Based on this statistic, a fast and correct diagnosis is crucial.
Another situation in which legal action might be warranted is a lung cancer diagnosis resulting from exposure to radon or asbestos in the workplace. If your employer exposed you to these harmful substances without proper warning or preventative measures, a civil suit might be in your best interest.
If you wish to take legal action due to this medical malpractice, you may want to work with a South Dakota lung cancer lawyer from the Pintas & Mullins Law Firm. Don’t hesitate to call us at (800) 217-6099 so you can learn more as to how our firm can assist you with your case.
Signs of Lung Cancer
There are many different indicators that can point towards a possible lung cancer diagnosis. Some early symptoms which may cause concern include:
- Prevalent and violent coughs
- Wheezing, especially when coughing
- Coughs which bring up blood
- Overall shortness of breath, even after minor tasks
Other types of symptoms that may develop include:
- Sudden and unexpected weight loss
- Inability to gain weight
- Constant pains in the chest area
- General feelings of fatigue
Some of these symptoms, especially the ones related to the respiratory system, can be similar to those seen in other diseases. Some examples can be asthma, pneumonia, bronchitis, and tuberculosis. However, a doctor should be able to find out whether you are dealing with lung cancer or another disease.
Lung Cancer Causes
There are several different factors that contribute to the development of lung cancer. While the underlying cause is unknown, some factors can contribute to its development in your lungs. Some of these factors include:
For several years, asbestos was used in many different industries due to its strong resistance to fire. This material, which is made up of naturally occurring minerals, was commonly found in homes as fireproofing and in the marine industry for brake systems. Eventually, it was found that asbestos is highly dangerous when inhaled and that it can cause damage to a person’s lungs. Asbestos in the lungs can also lead to the development of different types of lung cancer, such as mesothelioma.
Radon is a dangerous chemical that is colorless, odorless, and radioactive. It is very difficult to detect radon without the right kind of equipment. Failure to detect the presence of radon can lead to prolonged exposure through the home or work environment.
Cigarettes and Cigarette Smoke
Cigarette smoking is one of the top causes of the development of lung cancer. Even non-smokers can be affected by secondhand smoke. Consistent exposure to secondhand smoke can create risks similar to those experienced by regular smokers.
Lung Cancer Lawsuits in South Dakota
There are important laws and rules to follow when attempting to pursue a lawsuit over your lung cancer diagnosis. Trying to follow these laws and rules while also receiving and recovering from your cancer treatment can be a difficult task. This is why you might want to hire a South Dakota lung cancer lawyer from the Pintas & Mullins Law Firm. A lawyer from our firm might be able to help you by:
Handling Statute of Limitations
South Dakota Statute §15-2-14.1 states that a person injured by medical malpractice can file a lawsuit within two years of the alleged malpractice taking place. After this point, you might not be able to bring a case to court. As such, your case will hinge upon when this discovery took place. If your personal injury case does not deal with medical malpractice, the statute of limitations is three years from the incident in question.
Prepare Expert Testimony
South Dakota Statute § 19-19-702 says that a witness who is considered an expert based upon their “knowledge, skill, experience, training, or education” may offer an opinion if:
- Their specialized knowledge will assist the court in understanding evidence or facts relevant to the case
- Their testimony utilizes objective data and facts
- Their testimony is based on reliable methods and principles that have been applied to the case
Having a well-qualified expert present testimony for your case might help show the jury that you did not receive the quality of care you deserved and that this negligence contributed to the failure to diagnose and treat your cancer. A lawyer might be able to seek out an expert qualified to testify in your case.
Manage Damage Caps
South Dakota does not have caps for economic damages. These would include things like wages lost due to your inability to work and medical bills incurred from treatment. Non-economic damages for things such as emotional pain and suffering are capped at $500,000.
Work with the Pintas & Mullins Law Firm
You do not have to handle your medical malpractice case for your lung cancer misdiagnosis alone. You can work with a South Dakota lung cancer lawyer from the Pintas & Mullins Law Firm. Do not hesitate to contact our team at (800) 217-6099 to learn more about how we can help with the legal aspects of your case, leaving you free to receive treatment and recover.