According to the Public Health IBIS, cancer is the second-leading cause of death in Utah, and lung cancer caused the most cancer-related deaths, according to a 2015 study from the University of Utah. A lung cancer diagnosis is devastating news that takes an emotional, physical, and financial toll. You may have a case for compensation if you or your loved one have lung cancer due to someone else’s negligence.
The causes of lung cancer come from inside and outside of the body through genetics and environmental factors. Cancer-causing substances increase the likelihood of developing cancerous cells. Per the American Lung Association (ALA), the two most fatal causes of lung cancer are cigarette smoking and radon.
Early diagnosis and proper treatment can slow or stop the spread of lung cancer and increase patients’ chances of survival. A missed or delayed diagnosis can result in a negative outcome.
Landlords, employers, and health care professionals may be responsible for paying people living with cancer or their families. To learn more about lung cancer lawsuits and the ways a Utah lung cancer lawyer can assist you, please call (800) 217-6099 and speak with a member of our team at Pintas & Mullins Law Firm today.
Lung Cancer Legal Cases
Cancer-causing substances are all around us. Some are naturally occurring, while others are human-made. You can find carcinogens at work and at home and in medications, as well as treatments. We can help you sue for compensation if you were not aware of cancer-causing substances, such as at your workplace or as part of your job.
You may have a legal case due to misdiagnosis or poor medical treatment. A wrong or delayed cancer diagnosis can be life-threatening and waste precious treatment time. Health care providers may be held responsible for the consequences of negligence and medical malpractice, such as:
- Failing to acknowledge your concerns and complaints.
- Inadequate screening and failure to order testing.
- Misreading, misinterpreting, and mishandling of results and samples.
If a doctor misdiagnosed you or a loved one with cancer, you may have undergone unnecessary treatment. Cancer treatments are often aggressive, expensive, and affect the entire body. Medication and therapies may cause permanent damage, physically and financially.
How Utah Lung Cancer Lawyers Help Patients
Filing a medical malpractice lawsuit against your health care provider will not increase your medical costs. Awards from a personal injury case can help you recover financial losses from medical bills, lost wages, and associated costs. At Pintas & Mullins Law Firm, we work on a contingency basis, meaning you do not have out-of-pocket costs. Our payment comes from the settlement we fight for on your behalf.
You must prove several points to recover damages from medical malpractice. According to Utah Judicial Code §78B-3-406, you must show the court evidence of:
- A patient-provider relationship between yourself and the defense;
- The medical professional providing health care to you;
- Personal injuries suffered from the provider’s supervision;
- How the medical care cause significant and substantial harm;
- How you were uninformed of the risk;
- The unauthorized medical care causing personal injury.
In the event of a negligent employer or similar entity, the evidence must show that the opposing party’s actions or inactions led to your lung cancer. You have the right to pursue a valid medical malpractice or another personal injury case.
Pintas & Mullins Law Firm can present the legal perspective of your lawsuit and investigate evidence on your behalf. We focus on medical malpractice and personal injury cases and will fight for compensation for damages.
Types of Lung Cancer
Lung cancer types depend on the kinds of cancer cells present. Small cell lung cancer (SCLC) cells are smaller and more aggressive than non-small cell lung cancer (NSCLC). Both types have similar causes and symptoms.
Doctors detect the type and stage of lung cancer with physical examinations, laboratory tests, X-rays, CT scans, and biopsies. It is important to make an accurate diagnosis to administer the proper treatment, such as surgery, chemotherapy, radiation, or immunotherapy.
Cancer can be in just one place or spread to nearby tissue and other parts of the body. The stage of cancer depends on how much cancerous cells have spread.
Lung cancer can lead to death by:
- Organ shut down from tumor
- Internal bleeding
- Artery blockage
- Failure to breathe
- Other related complications
You Have a Limited Time to Act
If a loved one passes away from lung cancer and the negligence of another party caused it, you can pursue compensation or a lawsuit for wrongful death. The statute of limitations, outlined by Utah Judicial Code §78B-2, can vary based on the type of lawsuit you can pursue.
For personal injury, you have four years to pursue a lawsuit. In a wrongful death suit, you may only have two years, while a medical malpractice lawsuit can have two to four years, depending on the circumstances (Utah Judicial Code §78B-3-404).
Consider a Utah Lung Cancer Lawyer from Pintas & Mullins Law Firm
From direct and second-hand smoking to X-rays and medications, cancer-causing factors are in our everyday lives. Several factors contribute to cancerous cells in the lungs. The exposure duration can influence the development of cancer. For instance, environmental exposure, such as air and water pollution, can impact big populations for long periods.
Occupational exposure can mean increased contact with cancer-causing substances 40 hours a week for years. Common cancer-causing substances in work environments include asbestos, radiation, radon, and metals like chromium, cadmium, and arsenic. If you had increased exposure due to employment or residence and suffer from lung cancer, you may have a strong case for compensation for medical expenses and pain and suffering. You do not have to balance fighting for your health and your legal rights alone.
Screening for cancer before and at the first symptoms can lead to early detection and treatment. Medical providers that fail to deliver standard and proper medical care may miss or delay a diagnosis. Health care professionals are accountable for negligent care and medical malpractice.
To speak with someone in our office about hiring a Utah lung cancer lawyer, contact Pintas & Mullins Law Firm at (800) 217-6099.