How a Preexisting Condition May Affect a Mesothelioma Case

Posted on behalf of Peter T. Nicholl in Mesothelioma & Asbestos Published on November 6, 2020 and updated on March 15, 2022.

man holding an inhalerIf you have been diagnosed with mesothelioma or another asbestos-related disease, you may be wondering whether a preexisting condition could affect you if you decide to take legal action.

Many factors will need to be considered to make this determination. Has your exposure to asbestos aggravated a condition you already have? Is it difficult to distinguish your mesothelioma symptoms from that condition? A preexisting condition can definitely make things harder, but you may still be eligible to pursue compensation in a mesothelioma case.

A licensed Maryland mesothelioma lawyer from our firm is here to help during this difficult time. We know how devastating a mesothelioma diagnosis can be and we are prepared to fight for your rights. An initial consultation is complimentary and confidential with no risk or obligation to have us represent you.

Ways a Preexisting Condition Could Be Used Against You

A preexisting condition, in addition to a mesothelioma diagnosis, can limit the treatment options that are available. This condition could also be used against you by anyone whose negligence caused you to be exposed to asbestos. This could be a former employer, property owner, or government entity.

For instance, say you have a chronic condition such as Chronic Obstructive Pulmonary Disease (COPD), bronchitis or asthma. The at-fault party may argue that your preexisting condition plays a part in the health problems you are claiming.

If you are currently suffering from or have been previously diagnosed with lung cancer, emphysema, pneumonia, or another respiratory condition, the at-fault party may argue that your condition is to blame for the symptoms you are attributing to asbestos exposure.

Depending on the type of mesothelioma, the at-fault party may also argue that you actually have a different condition whose symptoms mimic symptoms of a disease caused by asbestos exposure.

For instance, the symptoms associated with peritoneal mesothelioma, cancer that develops in the lining of the abdomen, include abdominal pain and swelling, bloating and bowel changes. These symptoms are similar to having Irritable Bowel Syndrome, or another kind other inflammatory bowel condition.

This is why it is important to reach out to a lawyer with experience handling mesothelioma cases as soon as possible. He or she will know how to gather the evidence needed to help build a strong case for you.

Filing a Mesothelioma Lawsuit With a Preexisting Condition

Filing a mesothelioma lawsuit can be complex and even more so when you have a preexisting condition.  However, you should not let this discourage you from pursuing the compensation you need.

With a preexisting condition comes extensive medical records that will provide details on your initial diagnosis and your ongoing course of treatment. Even if your records do not indicate that you have suffered from any of the symptoms you are attributing to asbestos exposure, it could still make it easier to take legal action against the party liable for causing you harm.

A lawyer can help conduct a detailed investigation, gather medical records, work history information, and any other evidence to help prove that exposure to asbestos led to your mesothelioma diagnosis.

Speak With a Licensed Lawyer To Get Started

While no amount of compensation can change what happened, it may help ease the financial burdens associated with this disease. At Peter T. Nicholl Law Offices, we are ready to guide you through the legal process and advise you on the things that may hurt you from pursuing compensation in a mesothelioma case. To date, we have recovered millions on behalf of mesothelioma victims and their families.

Speak with a licensed lawyer from our firm today. Our initial consultations are free and come with no obligation to take legal action. We are available to take your call anytime, day or night.

We are ready to help you seek compensation. Call 410-907-3957.