Suing for Lung Cancer: What Texas Residents Need to Know in 2024

Texas ranks 10^th in the nation for the rate of new lung cancer cases at 48.6 per 100,000 yearly.²

Lung cancer is the deadliest cancer in the nation, killing ∼3 times as many women as breast cancer and ∼3 times as many men as prostate cancer every year, though mortality rates are steadily declining. While smoking is the leading cause of lung cancer in the United States, as many as 20% of all patients diagnosed with lung cancer have never smoked in their lives. An estimated 46,000 people in this category will be diagnosed with lung cancer in 2024.¹

In some cases, a lung cancer diagnosis can be grounds for a lawsuit. Read on to find out when you can sue for lung cancer in Texas.

When Can You Sue for Lung Cancer?

In Texas, proving negligence is required when filing a personal injury or medical malpractice lawsuit.

Negligence is a legal term that means that another party who owed you a duty of care violated that duty, and that violation of duty caused your injury (or, in this case, your illness). Some specific examples of negligence relating to lung cancer include things like:

Misdiagnosis

Diagnostic errors are the most common form of medical malpractice. One study showed that cancer was misdiagnosed 37.8% of the time, with lung cancer being the most commonly misdiagnosed form of cancer.³

However, simply being misdiagnosed is not sufficient grounds for malpractice. To qualify as medical malpractice, the following must be true:

1. There was an established doctor-patient relationship,
2. The misdiagnosis was a result of negligence (i.e., ignoring symptoms, ignoring patient requests, mishandling test samples, etc.),
3. You suffered injuries you wouldn’t have otherwise suffered,
4. The misdiagnosis directly caused your injuries.

There is a strict statute of limitations for such cases, so speak to a medical malpractice lawyer as soon as possible if you think you have grounds for a claim.

Chemical Exposure at Work or School

Exposure to asbestos, radon, cadmium, and other carcinogens is a leading cause of lung cancer and can even affect you if you are with someone who was exposed.

You can file a legal claim against a company, school, or product manufacturer if you were exposed to cancer-causing substances due to negligence. For example, you can likely file a lawsuit for lung cancer due to exposure if:

1. You were exposed at work or school,
2. You were exposed due to a defective product,
3. You were exposed because of a family member’s exposure.

Documents that strengthen these cases include proof of employment at a company that uses/used asbestos-containing products and key medical records (blood tests, pathology reports, doctor’s statements, etc.). An attorney can help you prove your exposure point and find out if you have a strong claim for compensation.

Wrongful Death

Close family members may bring a wrongful death suit for a loved one lost to lung cancer due to medical malpractice or chemical exposure.

In Texas, those who can bring a wrongful death claim include:

• Wives/Husbands,
• Children,
• And Parents.

Family members such as grandparents or siblings are excluded from filing wrongful death claims in Texas.

What Damages Can You Claim in a Lung Cancer Lawsuit?

The types of damages you can claim in a lung cancer lawsuit generally include things like:

• Medical Expenses,
• Diagnostic Expenses,
• Ongoing Medical Care,
• Pain and Suffering,
• Loss of Enjoyment of Life,
• Lost Wages,
• Loss of Earning Capacity,
• Wrongful Death,
• Punitive Damages,
• And More.

How much your claim is worth can’t be calculated without talking to a lawyer. However, common factors that affect compensation include the severity of your illness, the extent of your treatment costs, and whether or not you became unable to work due to your diagnosis.

Diagnosed With Lung Cancer in Texas? Call Shaw.

If you are suffering from lung cancer due to medical malpractice or chemical exposure in Texas, you may be entitled to compensation for your losses.

We’ll help you find out if you have a case for free.

Call Shaw injury lawyers at 800-862-1260 to schedule a free case evaluation today. There’s no fee and no obligation to work with the firm when you’re done — just the expert legal advice you need. Carabin Shaw puts their clients first. We look forward to serving you.

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¹The Lung Cancer Research Foundation

²The American Lung Association

³ Newman-Toker, D., Schaffer, A., Yu-Moe, C., Nassery, N., Saber Tehrani, A., Clemens, G., Wang, Z., Zhu, Y., Fanai, M. & Siegal, D. (2019). Serious misdiagnosis-related harms in malpractice claims: The “Big Three” – vascular events, infections, and cancers. Diagnosis, 6(3), 227-240. https://doi.org/10.1515/dx-2019-0019