After receiving a mesothelioma diagnosis, establishing a legally sufficient link to asbestos exposure from decades earlier can feel like a monumental task. Mesothelioma lawyers close that gap by working with medical experts to scientifically prove causation, a necessary part of any personal injury claim. This involves a review of your medical records and employment history, along with an analysis by qualified medical professionals to prove how asbestos exposure led to your disease.
Understanding Causation in an Asbestos Case
In the legal context, causation refers to a direct link between a defendant’s actions and the injury sustained. Without proof of causation, an injury claim fails.
The issue of causation is broken down into two requirements that must be met.
- General causation asks the question: Can asbestos exposure cause mesothelioma, lung cancer, or asbestosis? In asbestos cases, this is rarely at issue; asbestos has long been strongly linked with these diseases.
- Specific causation asks the question: Assuming general causation exists, did the asbestos product/exposure in question cause this specific plaintiff’s mesothelioma, lung cancer, or asbestosis? Proving specific causation is the challenge. This involves establishing that your illness was caused, in whole or in part, by specific asbestos exposures attributable to specific defendants. It is not enough to simply show that the disease in question was caused by asbestos exposure in general.
These causation concepts are described in legal cases going back several decades and further codified in state statutes and jury instructions, which can vary from state to state. In mesothelioma claims in most jurisdictions across this country, a plaintiff must demonstrate that exposure to a particular company’s asbestos-containing products constituted a substantial contributing factor in the development of the cancer. State laws may vary on the exact causation standard and how it is defined. In Missouri, for example, an exposure is a significant contributing factor to a mesothelioma diagnosis if that exposure caused or contributed to cause the cancer.
Since mesothelioma has a long latency period of 20 to 60 years or more, proving causation requires a detailed investigation that integrates legal work with medical science.
How Medical Experts Build Your Case
Depending on your situation, your legal team will often consult a variety of medical professionals, each bringing a unique perspective to the case.
Pathologists
Pulmonologists specialize in initial, informal diagnosis of cancers arising in the lungs and pleura and may formally diagnose asbestosis of the lung. These doctors refer patients to pathologists and oncologists in the treatment realm.
They will also serve as expert witnesses on causation in the legal realm, explaining how inhaling asbestos fibers damages the lungs and pleura, resulting in lung cancer, asbestosis, or mesothelioma.
Pulmonologists
Pathologists specialize in diagnosing diseases by examining body tissues, fluids, and organs. They work behind the scenes in laboratories, examining biopsy or autopsy samples, which are the two gold standard methods in diagnosing mesothelioma. A biopsy removes a small sample of tissue or fluid from the body for examination under a microscope, while an autopsy occurs post mortem and involves access to larger samples of tissue.
In court, a qualified pathologist may testify as to the diagnosis of an asbestos cancer and link specific exposures or products to the cancer in question.
Oncologists
Oncologists specialize in oncology, the branch of medicine that focuses on treating cancer. Your treating oncologist can provide vital information about your diagnosis, treatment plan, and prognosis, and may also establish causation.
Occupational Medicine Practitioners
Occupational medicine practitioners specialize in evaluating the dangers of asbestos inhalation present with working with specific products in specific workplaces and environments. These experts can testify not only to causation but also to the historic risks inherent in certain occupations and job practices over the years.
Legal and Medical Collaboration in Asbestos Cases
Collaboration follows a structured process, with each step focused on gathering and analyzing the evidence needed to support your claim.
Step 1. Medical Records
The first step is for your legal team to gather all of your medical records, from your initial doctor’s visit through your most recent treatment. This collection typically includes:
- Physician notes and consultation reports
- Results from imaging scans like X-rays, CT scans, and PET scans
- Surgical reports and hospital records
- Pathology reports from biopsies
Once collected, they are organized and sent to medical experts, who conduct a thorough review to understand the timeline of your diagnosis, the specific type of mesothelioma, and the progression of the disease.
Step 2. Pathology and Tissue Samples
The pathology report is one of the most important pieces of evidence. Medical experts, often a consulting pathologist, may examine the original biopsy slides or new slides of the biopsy samples to confirm the diagnosis.
Pathologists will use specialized staining techniques and microscopy to confirm the nature of the cancer and, depending on the size of the tissue samples, may even be able to look for evidence of asbestos within the cancerous tissue. In some cases, they can identify asbestos bodies, fibers the body has coated with iron-rich protein. This is an undeniable link between asbestos fibers and the disease.
Step 3. Asbestos Exposure
While medical experts analyze the disease itself, your legal team investigates how and where exposure occurred. This information is conveyed to the medical experts, who must rely on this information in arriving at their causation opinions necessary to your case.
Attorneys and case investigators carefully document your work history, including the jobs you held, the duties you performed, and the environments where you worked, particularly in industries historically associated with asbestos use. This involves identifying the asbestos-containing products present at those sites by eliciting relevant deposition testimony from you, your co-workers, and witnesses from previous cases, reviewing company records, and locating historic asbestos product information.
Step 4. Settlement or Testimony
After reviewing the evidence, medical experts prepare written reports summarizing their qualifications, the materials reviewed, and their medical conclusions about the cause of your illness. These reports are shared with the opposing side and serve as the foundation for testimony in the future, but they often encourage a fair settlement without the need to go to trial.
If a case does not settle, the experts will provide sworn testimony. Their role is to explain complex medical issues in understandable terms and clarify how asbestos exposure relates to the diagnosis.
Speak With An Experienced Mesothelioma Lawyer
A mesothelioma diagnosis raises serious medical and legal questions. The O’Brien Law Firm works with qualified medical experts to gather records and document the connection between asbestos exposure and disease. This collaborative approach ensures claims are supported by strong, credible medical evidence.
Our firm will guide you through each step of the legal process and pursue fair compensation grounded in facts. To speak with a dedicated lawyer who understands what you are facing, schedule a free consultation with the O’Brien Law Firm.