Mesothelioma Lawyers in San Diego

Mesothelioma Lawyers in San Diego
To understand how to choose a lawyer for this disease, you should first understand the basics of the disease. In the simplest sense, mesothelioma is a cancer of the protective layers of the body cavities, known as the mesothelium.
These tissues have different names depending on the organs they protect. You have probably heard of the peritoneum–this is the covering around the stomach and intestines. Other organs and cavities have their own membranes as well.
Mesothelioma is a cancer of these tissues. They often do not just affect the tissues–they affect the organs they surround and can spread elsewhere. This cancer is most often contracted by exposure to asbestos, a highly dangerous mineral often found in floors, ceilings, and some products.

Employers and landlords are supposed to protect you from asbestos, but often this does not happen. If you have mesothelioma you have probably been exposed to asbestos. If so, you should contact mesotheloma attorneys in your area to see if you have a case against the party responsible for your exposure.
How Do I Choose?
San Diego is a big place. The whole area is so large it is almost connected to Los Angeles now with no real division. Choosing a professional in this area is a daunting task for busy people, so here are some steps to take to make the process easier.
Mesolthelioma lawyers get to know the doctors who treat the disease. Over time they develop relationships and form help networks for patients. Often a doctor will have several contacts in the legal field and a lawyer will have several contacts in the medical field. This helps save you time.
If you have been diagnosed with mesothelioma, your oncologist may be your best source of names for attorney contacts. She will likely have already worked with them on cases and can tell you not only who specializes in your type of cancer but who is best and who is within a short distance from your home or work. If she does not have the right kind of specialist, there are other ways to find the right professional for your case.
You can check with other doctors who deal specifically deal with mesothelioma if your doctor is more of a general oncologist. These doctors may have worked more closely with mesothelioma lawyers in your area of southern California. You can also call local hospitals, various cancer support groups–area law schools are also excellent for references. Also check your union or professional group if you were exposed on the job.
Regardless of where you find your contacts, interview the lawyer, check on his or her background, and get references if you can. If you are ill, the last thing you need is more trouble.

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Mesothelioma Attorneys San Diego

Mesothelioma Attorneys San Diego - If you are diagnosed with mesothelioma and you have lived in the area of San Diego, because you need a lawyer, and whether, if there are important issues. This applies also, if you like Texas or Oklahoma mesothelioma lawyers mesothelioma lawyers in California. The first course, to do what is tested and diagnosed by a licensed physician and make sure that you are really suffering from this condition.



Why do you need a Mesothelioma lawyer? So they can ensure that the cost just for this condition you the sales contract may be due to the negligence of the employer. Employers should be treated, in the health of the employees are not in danger. Instead, the company employees, offers so much risk even after the discovery that the material was dangerous asbestos. If they ignore it, will be forgiven, but the fact that it was said, it is dangerous, and it does nothing, they are the blame.

Mesothelioma Attorneys San Diego - If you are exposed to asbestos dust, then to settle in the lungs and to get or the surrounding organs. He attacks the protective substances and leads to cancer. Carcinogenic is responsible for the death of in over the years, and if a Mesothelioma Attorney San Diego California is found in this area the opportunity to go for Justice, when in fact their condition by deliberate negligence of the employer.

How do you get mesothelioma lawyers in San Diego? There are so many lawyers in this field, and you may need in a long list to look before you decide may be right for you. One way would be the doctor who diagnosed his condition or treatment that you asked for recommendations. Since this condition means that the lawyers and doctors work together, the doctor will govern a lawyer handling the case.

The cancer specialist Mesothelioma Attorneys San Diego certainly helpful list. Another area which would support groups, where lawyers are aggressive and can recommend a special offer for you or the Hospital where they can treat mesothelioma patients. Can find some lawyers before deciding on one. Consider attention to history and figures monitor your comfort level, if you choose.

If you are a victim of mesothelioma, please aware that you have the right Mesothelioma lawyer and assist in the exercise of the rights and benefits. You need sit not down and without you, what you need to go.

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MESOTHELIOMA CLAIMS

1-Scope
This Practice Direction applies to claims for compensation for mesothelioma.



2-Definitions
In this Practice Direction –
‘show cause procedure’ means (without prejudice to the court’s general case management powers in Part 3 of the CPR) the procedure set out in paragraph 6;
‘outline submissions showing cause’ means an outline or skeleton argument of the defendant's case within the show cause procedure; and
‘standard interim payment’ means the standard payment in respect of interim damages, and (if appropriate) interim costs and disbursements as determined from time to time by the Head of Civil Justice. The amount of this payment is currently £50,000.



Starting proceedings




3.1
The claim form and every statement of case must be marked with the title ‘Living Mesothelioma Claim’ or ‘Fatal Mesothelioma Claim’ as appropriate.

3.2
In order for the court to adopt the show cause procedure in the first case management conference, the claimant must file and serve any witness statements about liability (as are available) –

(1) either –

(a) at the same time as filing and serving the claim form and (where appropriate) the particulars of claim; or

(b) as soon as possible after filing and serving the claim form and (where appropriate) the particulars of claim; and

(2) in any event not less than 7 days before the case management conference.

3.3
Any witness statement about liability must identify as far as is possible –

(1) the alleged victim's employment history and history of exposure to asbestos;

(2) the identity of any employer where exposure to asbestos of the alleged victim is alleged;

(3) details of any self employment in which the alleged victim may have been exposed; and

(4) details of all claims made and payments received under the Pneumoconiosis etc. (Workers' Compensation) Act 1979.

3.4
The claimant must also attach to the claim form –

(1) a work history from H M Revenue and Customs (where available); and

(2) any pre-action letter of claim.



Claimants with severely limited life expectancy


4.1
Where the claimant believes that the claim is particularly urgent then on issue of the claim form, the claimant –

(1) may request in writing that the court file is placed immediately before a judge nominated to manage such cases in order to fix a case management conference; and

(2) must explain in writing to the court why the claim is urgent.

4.2
Where the court decides that the claim is urgent (and notwithstanding that a claim has not yet been served or a defence has not yet been filed) it will –

(1) fix the date for the case management conference to take place within a short period of time; and

(2) give directions as to the date by which the claimant must serve the claim form if it has not been served already.



Fixing the case management conference for other claims


5.1
Where paragraph 4 does not apply and –

(1) a defence is filed by the defendant or one of the defendants (where there is more than one); or

(2) the claimant has obtained a default judgment,
the court file will be referred to a judge nominated to manage such cases and the judge will give directions for the date of the case management conference.

5.2
Claims marked ‘Living Mesothelioma Claim’ will be given priority when fixing a case management conference.



The show cause procedure


6.1
The show cause procedure is a requirement by the court, of its own initiative and usually on a ‘costs in the case’ basis, for the defendant to identify the evidence and legal arguments that give the defendant a real prospect of success on any or all issues of liability. The court will use this procedure for the resolution of mesothelioma claims.

6.2
At the first case management conference, unless there is good reason not to do so, the defendant should be prepared to show cause why –

(1) a judgment on liability should not be entered against the defendant; and

(2) a standard interim payment on account of damages and (if appropriate) costs and disbursements should not be made by the defendant by a specified date.

6.3
At the first case management conference if liability remains in issue the court will normally order that the defendant show cause within a further given period.

6.4
The order requiring the defendant to show cause within a further given period will direct –

(1) that the defendant file and serve on the claimant by a specified date outline submissions showing cause and –

(a) if the outline submissions are not filed and served by a specified date, judgment, for a sum to be determined by the court, will be entered against the defendant without the need for any further order and the defendant will be ordered to make a standard interim payment by a specified date; or

(b) if the outline submissions are filed and served by the specified date, the claim will be listed for a show cause hearing; or

(2) that the defendant show cause at a hearing on a date fixed by the court.

6.5
At the first case management conference the court will –

(1) fix the date or trial window for the determination of damages and give any other case management directions as appropriate where the defendant admits liability or judgment is entered;

(2) fix the date or trial window for the determination of damages and give any other case management directions as appropriate where an order to show cause under paragraph 6.3 has been made (if the defendant subsequently shows cause then the determination date or trial window may be utilised for the trial of any issue); or

(3) in cases in which there is to be a trial on liability, give directions including the date or window for the trial.

6.6
Where the defendant fails to show cause on some issues, the court will normally enter judgment on those issues.

6.7
Where the defendant fails to show cause on all issues, the court will enter judgment for a sum to be determined and will normally order that a standard interim payment be made.

6.8
Where the defendant succeeds in showing cause on some or all issues, the court will order a trial of those issues. The court may also require the issue of quantum or apportionment (as appropriate) to be dealt with at the trial provided that it does not delay the date for the fixing of the trial.



Setting the trial date


7.1
In Living Mesothelioma Claims the date of the determination of damages or the trial will generally not be more than 16 weeks following service of the claim form.

7.2
In Fatal Mesothelioma Claims the hearing date may be more than 16 weeks following service of the claim form.



Taking evidence by deposition


8.
Any party who for good reason wishes evidence to be taken by deposition may apply to the court at any time for such an order. However, the court will normally expect that such a request is made at a case management conference. The order will include a direction for the recording of such evidence on DVD and for the provision of a transcript. The parties must also be prepared to arrange for the provision of equipment to view the DVD by the court.
(Part 34 contains provisions for evidence to be taken by deposition.)


Compliance with pre-action protocols


9.
In Living Mesothelioma Claims the court may decide not to require strict adherence to
Practice Direction (Pre-Action Conduct) and
any relevant pre-action protocol.

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Mesothelioma and Asbestos

While a rare disorder in the general population, mesothelioma is not rare among individuals exposed to asbestos. There are two to three thousand new diagnoses of the cancer every year.

Exposure to asbestos is the only confirmed cause of mesothelioma, and most people diagnosed with the disease were exposed to asbestos in the workplace and were never told of its dangers or given proper protective gear. Others were exposed through family members who brought asbestos home on their clothes or through home renovation projects. Unlike many other predominantly pulmonary-related cancers, cigarette smoking has no known causative effect on its incidence, although asbestos workers who smoke do have a much greater likelihood to develop lung cancer, even more so than regular smokers who don’t work with asbestos.

One of the most difficult aspects of the disease to come to terms with is its long latency period, which is the period of time between first exposure to asbestos and the onset of the disease. Mesothelioma can develop anywhere between 10 to 70 years after the initial exposure.

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Mesothelioma of the Peritoneum

The peritoneum is a membranous layer that is made up of two sub-layers called the parietal and visceral layers. The parietal layer covers the abdominal cavity, while the visceral layer surrounds abdominal organs. Together these two layers provide support and protection for abdominal organs and the abdominal cavity as a whole.

There are two main theories regarding how asbestos exposure leads to the development of peritoneal mesothelioma:

Asbestos fibers are ingested, and these fibers work their way from digestive organs into the peritoneal membrane.
Asbestos fibers are inhaled, and travel to the peritoneal membrane via the lymphatic system.



Regardless of how asbestos fibers actually enter the peritoneal layers, once they do enter the membrane, the body experiences difficulty in expelling them. The fibers become trapped in the peritoneal membrane, and over a period of two or more decades, cause certain changes in the mesothelial cells of the peritoneum.

The exact way in which asbestos fibers cause changes in these mesothelial cells is uncertain. However, some researchers believe asbestos fibers cause long-term inflammation and irritation that eventually causes mesothelial cells to become cancerous. Cancerous mesothelial cells divide and grow without restraint, and this uncontrolled cell growth causes thickening of the peritoneum, and the build-up of fluid in the peritoneal layers.

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Pleural Mesothelioma

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Pleural mesothelioma is a rare cancer often diagnosed in people who have been exposed to high levels of asbestos. The malignancy affects the pleura, a thin membrane of lubricating cells that lines the lungs and chest wall. It sometimes takes 10 years or more for changes to appear that are indicative of pleural disease, and even long for symptoms to manifest. These differences can include a thickening or calcification of the pleural lining, a condition commonly diagnosed as pleural plaques. Conditions like pleural calcification or the development of pleural plaques often serve as pre-cursor to mesothelioma.
Pleural MesotheliomaGet This Image For Your Site

In most instances, pleural disease is not considered fatal but it can cause diminished lung function and may confirm that a person has sustained significant asbestos exposure. Those diagnosed with pleural conditions are generally considered to be at a higher risk for developing the more severe pleural mesothelioma.

Pleural mesothelioma originates in the pleura but can quickly spread to the outer chest wall, abdomen, and heart. Pleural mesothelioma is typically fatal within 1 year of diagnosis. However, understanding and recognizing key risk factors, like asbestos exposure, will typically lead to early detection of the cancer. Those who are fortunate to receive an early diagnosis are likely to be more eligible for life-sustaining treatments such as surgical resection of the cancer. This type of treatment can extend a patient’s life years beyond that of a typical mesothelioma patient.

While there is no cure for pleural mesothelioma, treatment options do exist for the cancer. There are ways for patients to manage the disease through tumor management including traditional radiation and chemotherapy methods, which can ease symptoms of the disease and make a patient more comfortable. In patients where a diagnosis is made of early stage disease, mesothelioma surgery can extend the survival rate far beyond previous levels in untreated disease.

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Mesothelioma Symptoms

When cancer begins in the membrane that surrounds the lungs, mesothelioma symptoms may include shortness of breath and pain in the chest or under the ribcage. If the cancer starts in the mesothelial tissue covering the organs in the abdominal cavity, symptoms such as weight loss and abdominal pain may develop. Sometimes, signs and symptoms will not appear until 30 to 50 years after initial exposure to asbestos.

Mesothelioma is a benign (noncancerous) or malignant (cancerous) tumor that begins within the mesothelium, a protective lining surrounding most of the organs in the body. Most mesotheliomas begin within the pleura (the membrane that surrounds the lungs and lines the wall of the chest cavity) or the peritoneum (the mesothelial tissue that covers most of the organs in the abdominal cavity). Mesothelioma symptoms will vary, depending on where the tumor is located.

Pleural Symptoms of Mesothelioma

Pleural mesothelioma symptoms are usually due to an accumulation of fluid in the pleura. These symptoms often include:

• Shortness of breath
• Pain in the chest or under the ribcage.

Peritoneal Mesothelioma Symptoms

Peritoneal symptoms of mesothelioma may include:

• Weight loss
• Lumps in the abdomen
• Abdominal (stomach) pain
• Abdominal swelling due to a buildup of fluid in the abdomen (stomach).

Other symptoms may also include:

• Bowel obstruction
• Blood-clotting abnormalities
• Anemia
• Fever.

Metastatic Mesothelioma Symptoms

If the cancer has spread beyond the mesothelium to other parts of the body, symptoms may include:

• Pain
• Trouble swallowing
• Swelling of the neck or face.

Asbestos Exposure and Symptoms of Mesothelioma

Up to 90 percent of malignant mesothelioma cases are related to asbestos exposure. The risk for developing mesothelioma in those with heavy asbestos exposure is 7 to 10 percent. However, symptoms may not appear until 30 to 50 years after exposure to asbestos.

Mesothelioma Symptoms: Final Thoughts

The possible symptoms of mesothelioma described in this article are not sure signs of the disease. Other more common, less serious conditions can cause similar symptoms. If you are experiencing any possible mesothelioma symptoms, visit your healthcare provider so that the problem can be diagnosed and treated.

Source : http://mesothelioma.emedtv.com/mesothelioma/mesothelioma-symptoms.html

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Mesothelioma

Mesothelioma is a rare form of cancer affecting the mesothelium, which is a membrane that covers and protects most of the internal organs of the body. In most cases, it begins in the pleura (the lining around the lungs) or peritoneum (the lining around the abdomen). The cancer is typically caused by asbestos exposure. A history of asbestos exposure at work is reported in about 70 to 80 percent of all cases of the disease. Standard treatment options include surgery, chemotherapy, and radiation therapy.

 

What Is Mesothelioma?

Mesothelioma is a benign (noncancerous) or malignant (cancerous) tumor affecting the mesothelium, which is a membrane that covers most of the body's internal organs. Most cases of mesothelioma begin in the pleura (lining around the lungs) or peritoneum (the lining around the abdomen).

Benign mesothelioma can also be called a fibroma, and cancerous mesothelioma is also known as malignant mesothelioma. A mesothelioma can further be named based on where it occurs. For example, malignant pleural mesothelioma is cancer that begins in the lining around the lungs.

Most people who develop malignant mesothelioma have worked on jobs where they inhaled asbestos particles. A benign mesothelioma does not appear to have any relationship to asbestos exposure.

Understanding the Mesothelium

The mesothelium is a membrane that covers and protects most of the internal organs of the body. It is composed of two layers of cells: one layer immediately surrounds the organ; the other forms a sac around it. The mesothelium produces a lubricating fluid that is released between these layers, allowing moving organs (such as the beating heart and the expanding and contracting lungs) to glide easily against adjacent structures.

The mesothelium has different names, depending on its location in the body. The peritoneum is the mesothelial tissue that covers most of the organs in the abdominal cavity. The pleura is the membrane that surrounds the lungs and lines the wall of the chest cavity, while the pericardium covers and protects the heart. The mesothelial tissue surrounding the male internal reproductive organs is called the tunica vaginalis testis, and the tunica serosa uteri covers the internal reproductive organs in women.

Risk Factors for Mesothelioma

Working with asbestos is the major risk factor for mesothelioma. A history of asbestos exposure at work is reported in about 70 to 80 percent of all cases. However, mesothelioma has been reported in some individuals without any known exposure to asbestos.

There is some evidence that family members and others living with asbestos workers have an increased risk of developing mesothelioma, and possibly other asbestos-related diseases. This risk may be the result of exposure to asbestos dust brought home on the clothing and hair of asbestos workers. To reduce the chance of exposing family members to asbestos fibers, asbestos workers are usually required to shower and change their clothing before leaving the workplace.

Smoking does not appear to increase the risk of mesothelioma. However, the combination of smoking and asbestos exposure significantly increases a person's risk of developing lung cancer (see Causes of Lung Cancer).

Mesothelioma and Asbestos

Asbestos is the name of a group of minerals that occur naturally as masses of strong, flexible fibers that can be separated into thin threads and woven. Asbestos has been mined and used commercially since the late 1800s; its use greatly increased during World War II. Asbestos has been widely used in many industrial products, including cement, brake linings, roof shingles, flooring products, textiles, and insulation. Since the early 1940s, millions of American workers have been exposed to asbestos dust.

If tiny asbestos particles float in the air, especially during the manufacturing process, they may be inhaled or swallowed and can cause serious health problems. In addition to mesothelioma, exposure to asbestos increases the risk of lung cancer, asbestosis (a noncancerous, chronic lung ailment), and other cancers, such as those of the larynx and kidney.

Initially, the risks associated with asbestos exposure were unknown. However, an increased risk of developing mesothelioma was later found among:

• Shipyard workers
• People who work in asbestos mines and mills
• Producers of asbestos products
• Workers in the heating and construction industries
• Other tradespeople.

Today, the US Occupational Safety and Health Administration (OSHA) sets limits for acceptable levels of asbestos exposure in the workplace. People who work with asbestos wear personal protective equipment to lower their risk of exposure.

The risk of asbestos-related disease increases with heavier exposure to asbestos and longer exposure time. However, some individuals with only brief exposures have developed mesothelioma. On the other hand, not all workers who are heavily exposed develop asbestos-related diseases.

Symptoms and Diagnosis

For more about mesothelioma symptoms, click on the full eMedTV article about Mesothelioma Symptoms.

To find out more about making a mesothelioma diagnosis, click on the full eMedTV article about Mesothelioma Diagnosis.

How Is It Treated?

Treatment for mesothelioma depends on:

• The location of the cancer
• The stage of the disease
• The patient's age and general health.

Standard mesothelioma treatment options include:

• Surgery
• Radiation therapy
• Chemotherapy.

Sometimes, all three treatment methods are combined.

Statistics on Mesothelioma

Although reported incidence rates have increased in the past 20 years, mesothelioma is still a relatively rare cancer. About 2,000 new cases of mesothelioma are diagnosed in the United States each year. Mesothelioma occurs more often in men than in women and risk increases with age, but mesothelioma can appear in either men or women at any age.

 Source : http://mesothelioma.emedtv.com/mesothelioma/mesothelioma.html

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