Attorney Malpractice

There are three main types of attorney malpractice:

• Negligence – If your attorney did not treat your case as well as an average attorney should, then your attorney was probably negligent in handling your case. Your attorney may have committed malpractice, and can be held liable for any damages you suffered as a result.
• Breach of Fiduciary Duty – If an attorney acts in his own best interest instead of yours and your case is adversely affected because of it, your attorney has probably committed malpractice by breaching his fiduciary duty. You can sue your attorney for the damages you suffered.
• Breach of Contract – When you hire an attorney, you sign a contract with him. If he fails to do what the contract obligates him to do, then he has committed malpractice and you may be able to recover damages.
  

There are many ways an attorney can commit malpractice. Here are a few common examples of lawyer malpractice:

• Blunders – If your attorney makes outrageous mistakes, such as missing court dates and deadlines, failing to properly submit documents to the court, or otherwise being irresponsible, your attorney may have committed malpractice.
• Bad Checks – If your attorney sends you a check from his own account for damages you've won, and the check bounces, your attorney may have committed malpractice.
• Settling Without Your Permission – If your attorney settles a case without your permission, your attorney may be liable for malpractice.
• Failing to Contact You – If your attorney has not returned your phone calls or responded to your letters for a long period of time, he may have committed malpractice
  (legalmatch.com).

Lung Cancer to Asbestos Exposure

A smoker has a risk of lung cancer because of smoking that is much greater than that of individuals who have never smoked, but, even so, that person has a fairly good chance of not developing a lung cancer based on the risk seen in the population of all smokers. If that smoker does develop lung cancer, the lung cancer will be caused by the tobacco smoke and could have been avoided if the person had never smoked. If we look closer at the population of smokers with a risk of lung cancer, we can identify criteria that select those with the most risk of developing lung cancer based on the cumulative dose of tobacco smoke that they are exposed to and to factors of individual susceptibility. However, the causal association between tobacco smoke and lung cancer is so strong that we seldom do more than obtain a smoking history and do not require a detailed analysis of corroborating evidence to link a smokers lung cancer to tobacco smoke in the vast majority of cases.

Many studies examine only the risk of lung cancer for asbestos-exposed populations and do not investigate the criteria for ascribing an individuals lung cancer to asbestos exposure. Studies have demonstrated that certain occupations and populations of workers commonly have higher asbestos exposures and greater risks of asbestos-related diseases than others. For compensation, however, a worker must substantiate the individual claim (Philip T. Cagle, 2008).

Mesothelioma - Pathophysiology

Mesothelioma is a form of cancer that is almost always caused by previous exposure to asbestos. In this disease, malignant cells develop in the mesothelium, a protective lining that covers most of the body's internal organs. Its most common site is thepleura (outer lining of the lungs and chest cavity), but it may also occur in the peritoneum (the lining of the abdominal cavity) or the pericardium (a sac that surrounds the heart).

Most people who develop mesothelioma have worked on jobs where they inhaled asbestos particles, or have been exposed to asbestos dust and fibre in other ways, such as by washing the clothes of a family member who worked with asbestos, or by home renovation using asbestos cement products. Unlike lung cancer, there is no association between mesothelioma and smoking.

Asbestos fibres have been shown to alter the function and secretory properties of macrophages, ultimately creating conditions which favour the development of mesothelioma. Following asbestos phagocytosis, macrophages generate increased amounts of hydroxyl radicals, which are normal by-products of cellular anaerobic metabolism. However, these free radicals are also known clastogenic and membrane-active agents thought to promote asbestos carcinogenicity. These oxidants can participate in the oncogenic process by directly and indirectly interacting with DNA, modifying membrane-associated cellular events, including oncogene activation and perturbation of cellular antioxidant defences.

Asbestos also may possess immunosuppressive properties. For example, chrysotile fibres have been shown to depress the in vitro proliferation of phytohemagglutinin-stimulated peripheral blood lymphocytes, suppress natural killer cell lysis and significantly reduce lymphokine activated killer cell viability and recovery. Furthermore, genetic alterations in asbestos-activated macrophages may result in the release of potent mesothelial cell mitogens such as platelet derived growth factor transforming growth factor -β (TGF-β) which in turn, may induce the chronic stimulation and proliferation of mesothelial cells after injury by asbestos fibres. (PDGF) and transforming growth factor-β (TGF-β) which in turn, may induce the chronic stimulation and proliferation of mesothelial cells after injury by asbestos fibres (en.wikipedia.org, 2008).

Mesothelioma - Pain Management

Mesothelioma patients often suffer from a great deal of pain as a result of their illness. There are many sources of pain for those suffering from various forms of cancer, including Mesothelioma. These tumors can press on nerves, organs or bones and cause pain ranging from mild to severe. There can be pain associated with the mesothelioma treatment itself - whether treatment is from surgery, chemotherapy or radiation. There is psychological pain associated with the knowledge that you have cancer, the burden that you believe that cancer places on your family and related issues. You can also have other pains not related to your cancer that can add to the burden. Patients are often afraid to speak up for themselves and let doctors know that they are in pain.

The medical community is working to improve the management of the mesothelioma patient's pain. Many patients are unaware of the numerous resources available that can help them feel better - some of them at no cost. Your doctor will explain that there is no benefit to enduring this pain - it can cause problems sleeping, problems with activity and movement, make you less likely to eat, increase depression, and interfere with how you interact with family and friends. Untreated, pain can diminish your quality of life. And keeping a positive outlook will be key as you move ahead. With the numerous resources and methods available for treating pain, no one should suffer from unmanageable pain. Many hospitals monitor pain closely. The Sloan-Kettering Cancer Center refers to it as the "5th Vital Sign" - believing it should be monitored and addressed.

If you want to better understand what your doctors and health care workers are doing to help you manage your condition, understanding tools available for pain management may help. The three most common types of pain are chronic, acute and breakthrough. Chronic pain can be varying in degree from mild to severe, and persists over a long time. Acute pain is short in duration, quite sudden and can be severe. Someone who experiences pain, when his or her chronic pain is normally controlled by medication is said to have "Breakthrough" pain.

There are several things that can be done to control pain, but you must first help your doctor assess your pain. You can keep a record or journal of your pain to share with your doctor. You are the only one who knows where your pain is located, how intense it is, how often it occurs, and what helps you feel better. Once you have determined how much pain you are having, you can inform your doctor. He cannot help you unless you let him know that you are experiencing pain. You should also let him know if you are experiencing any new pain or any changes in pain that you have had. Together, you can develop a plan to effectively minimize your pain. [Note: Your doctor will manage your care. This information may help you as you move ahead.]

Your particular mesothelioma treatment, whether it is from surgery, chemotherapy, radiation therapy or immune therapy, may provide some relief as they rid your body of the underlying cancer. Your doctor may want you to consider other pain management tools. These methods include the use of medications/anesthesia. There are several ways that medications are administered - orally, intravenously, suppositories, patches, and shots. Medications are divided into groups: Non-Opioids, Opioids, and Rapid-Onset Opioids. Non-Opioids are non-narcotic drugs that are used for mild to moderate pain. This can include over the counter medications, such as Tylenol. Opioids are narcotics that are prescribed for moderate to severe pain. Rapid-Onset Opioids are narcotics used to treat breakthrough pain. Epidurals, nerve blocks, or implanted pain pumps can also help. Some medications will cause side effects, but these can usually be managed by your doctor if you advise him of your problems.

Neurosurgery is another option to help reduce your pain. Basically, this method alters or interrupts nerve pathways to reduce pain. It can also be used to implant drug-delivery devices. Some mesothelioma patients have been helped with neurosurgery.

Psychological and Social Approaches are vital to helping you and your family deal with anxiety and depression that you may be experiencing. It can also help you to devise coping skills for handling your pain, and teaching your loved ones how to step in and help you when you are experiencing pain. It can also provide support to help you and your family manage your illness. By learning how to cope with your pain and asking for help, you are improving your own quality of life (mesoinfo.com, 2008)

Personal Injury Claim

To determine what your claim is worth, you must first know the things for which you are entitled to compensation. Usually, a person who is liable for an accident -- and therefore his or her liability insurance company -- must pay an injured person for:

• medical care and related expenses
• income lost because of the accident, because of time spent unable to work or undergoing treatment for injuries
• permanent physical disability or disfigurement
• loss of family, social, and educational experiences, including missed school or training, vacation or recreation, or a special event
• emotional damages, such as stress, embarrassment, depression, or strains on family relationships -- for example, the inability to take care of children, anxiety over the effects of an accident on an unborn child, or interference with sexual relations, and
• damaged property.

Determining fault for an accident is not an exact science. But, in most claims, both you and the insurance adjuster will at least have a good idea whether the insured person was entirely at fault, or if you were a little at fault, or if you were a lot at fault. Whatever that rough percentage of your comparative fault might be -- 10%, 50%, 75% -- is the amount by which the damages formula total will be reduced to arrive at a final figure (Nolo.com, 2008)