Thursday, November 29, 2012

Mesothelioma and Other Asbestos Diseases


What is Asbestos?

Asbestos is a term for several commonly found fibrous magnesium-silicate minerals. Due to their durable and versatile nature, asbestos materials were used widely in construction and manufacturing for most of the 20th century. Today, it is widely understood that asbestos is an extremely harmful substance. However, this was not always known. Even minimal inhalation of these asbestos fibers can develop into serious, and even fatal, conditions. In 1918, The United States Department of Labor issued a bulletin stating that there was an "urgent need for more qualified extensive investigation" into the severe harm caused by asbestos. Nevertheless, many industries kept using asbestos.

For decades, construction workers, vehicle mechanics, shipyard workers, electricians, and others employed in the building trades did not realize the danger, as they were exposed to asbestos on a daily basis. Even now, workers renovating or demolishing old buildings may encounter asbestos. The danger was not limited those who directly handled the asbestos. If a worker had substantial exposure to asbestos, his or her co-worker or spouse also was vulnerable to asbestos-related illness.

Eventually scientific research confirmed the life-threatening risks caused by exposure to airborne asbestos fibers. However, companies still ignored the danger, and continued to make and use products containing asbestos, until it was banned during the latter part of the 20th century. Asbestos was used widely in heavy industry, as well as insulation in hair dryers, electrical wiring, cement, paper, roofing materials, floorboards, and hundreds of other common items. Despite the legal ban on new uses, over one million Americans are endangered by exposure to existing asbestos sources every year.

Asbestos Removal

Asbestos still exists in many older buildings, including schools, hospitals, airports, and factories across Michigan. From skyscrapers to residential buildings, asbestos continues to threaten the health of unsuspecting citizens.

Removal of asbestos is a complex process. Special precautions are necessary, to avoid release of asbestos fibers into the surrounding environment. Otherwise, the asbestos will endanger anyone in the area, who inhales or ingests its odorless and tasteless microscopic fibers. The danger is great, because any amount of asbestos can be harmful. For these reasons, there is a conflict between those who push for removal of asbestos from existing structures, and those who oppose it, if it is unlikely to enter building ventilation systems.

Some companies and government agencies arrange for asbestos removal to prevent public exposure, while others do so to avoid potential litigation. Still other projects are driven by legislation or public outcry for asbestos removal from public buildings, including many older schools across the country.

Mesothelioma and Other Asbestos Diseases

Three serious health conditions may result from exposure to even a small amount of airborne asbestos fibers. All three conditions result from inhaling the fibers, which become embedded in the lungs or other parts of the body. It can take years for symptoms of any of these asbestos illness to appear. Some experts believe that no symptoms appear for more than a decade after exposure. In some cases, it takes even longer for the illness to become evident. The following is information about the three major conditions resulting from asbestos exposure.

Mesothelioma

The medical profession used to consider this type of cancer as quite rare. While still uncommon, the number of workers diagnosed with mesothelioma has risen. Now, about 3,000 new mesothelioma cases are reported in the United States every year. The incidence of this disease is increasing at an even higher rate in Europe. Mesothelioma is a form of cancer, usually caused by asbestos fibers that actually penetrate lung tissue. It is also possible for mesothelioma to develop after these fibers penetrate the heart or the abdomen. While doctors have found many different causes for other forms of cancer, the only definitely identified cause of mesothelioma is exposure to asbestos.

Asbestosis

Sometimes, this term is used incorrectly to refer to all ailments resulting from asbestos exposure. However, it is actually a very specific condition. Asbestosis (also known as interstitial fibrosis) develops when inhaled asbestos fibers cause scarring of the lung tissue. Over time, this scarring reduces the capacity of the lung. Individuals with asbestosis may suffer disabling lung impairments, and must be monitored closely because they are at increased risk of even more serious asbestos-related conditions.

Lung Cancer

Lung cancer is all too common in our society and has many possible causes. However, there is evidence of a link between asbestos exposure and lung cancer. The risk of lung cancer is even higher for an individual who has been exposed to asbestos, and also smokes cigarettes. Mesothelioma Treatment Options "Staging" is a term that medical professionals use to define the spread and extent of cancers like mesothelioma. In general, the least serious "first stage" only involves the lining of the lung. By the most serious "stage four," cancer has spread to other organs of the body.

Medical researchers continue to improve treatment for mesothelioma. The most common form of treatment is still chemotherapy. With new combinations of drugs, such as pemetrexed and carboplatin, chemotherapy may slow the progression of cancer in some victims. Radiation or surgery is the an appropriate treatment for other mesothelioma patients. In addition, some experimental treatments are yielding promising test results and offer hope for future victims.

Mesothelioma is still regarded as a deadly form of cancer. The average life span after diagnosis is only one to two years. However, the stage of the disease when it is discovered, and an individual's response to treatment are significant factors in determining life expectancy. Due to medical progress, 20% of those diagnosed at an early stage of mesothelioma have at least 5 more years to live.

Mesothelioma Symptoms and Mesothelioma Diagnosis

Men are many times more likely to develop mesothelioma than women. This may be due to the higher percentage of men who work in factories and construction, where there is an increased risk of exposure to airborne asbestos fibers. Older men are more likely to be diagnosed with mesothelioma. This is not surprising, because of the relatively long period of time between asbestos exposure and the onset of this cancer.

Physicians may have difficulty diagnosing mesothelioma, because initial symptoms, such as shortness of breath and chest or abdominal pain, can be confused with other conditions. There are tests to rule out mesothelioma, including a thoracoscopy or a peritoneoscopy. If you have symptoms and believe that you may have past asbestos exposure, see your doctor immediately. If you or a loved one suffer from asbestos related cancer or mesothelioma cancer, talk with an experienced asbestos lawyer today.




Attorney Marya Sieminski joined the Law Offices of Sam Bernstein in 2003. She is admitted to practice law in Michigan state courts and in the U.S. District Court for the Eastern District of Michigan. She earned her Bachelor of Science degree at the Massachusetts Institute of Technology and graduated magna cum laude from Wayne State University Law School. Marya has worked as a trial lawyer for 10 years and exclusively represented victims in personal injury litigation and in workers compensation claims. She also was appointed by the Governor to serve on the State of Michigan Workers Compensation Qualifications Advisory Committee. The Law Offices of Samuel I. Bernstein, our Michigan mesothelioma asbestos cancer, and personal injury law firm, has championed the cause of seriously injured Michigan victims for three generations.





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Sunday, November 25, 2012

A Medical Malpractice Attorney Can Help Asbestos Victims


Most people do not exactly get a warm and fuzzy feeling when they hear the term medical malpractice attorney. The term usually conjures up images of ambulance chasing attorneys and lawyers poring through the obituaries. We see many of these attorneys advertising their services on late-night television and the back cover of the Yellow Pages. However, the truth is there are times when a medical malpractice lawyer is an absolute necessity.

Every year there are thousands of people that are permanently injured or disfigured because of the incompetence or neglect of an attending physician or nurse. As we know, people make mistakes. No matter how many safeguards are instituted in hospitals and clinics there is always something that could go wrong. We have all heard horror stories about wrong limbs being amputated or a completely different procedure being performed on the wrong patient. This can lead to not only physical damage but emotional stress as well.

Another form of medical malpractice is failure to diagnose a health condition. We've seen this happening when asbestos exposure victims and mesothelioma patients were diagnosed with less severe illnesses and therefore did not receive the proper treatment in a timely manner.

It is times like these when you will need the best asbestos medical malpractice attorney you can find. Usually, the best way to find a malpractice attorney would be through a referral. If you have a lawyer that you know and trust, this would be an ideal source to obtain a referral. Most attorneys will know who the best fellow lawyer in a specific field would be in your area. However, be sure you trust your lawyer's referral and make certain they are not just recommending a close friend of their own. It would be a good idea to obtain several referrals from several different attorneys in your area. Using this method should reveal the name of a reputable asbestos lawyer that will keep being mentioned.

If you think about whether or not you afford a mesothelioma medical malpractice attorney, you will usually not have to worry about expenses. Most practicing litigators in this field will work on contingencies. These lawyers will take a percentage of the winnings as compensation for trying the case. This can many times benefit the plaintiff since the attorney has an added motivation to obtain the biggest settlement they can in your favor.

Whether it is for yourself or a loved one, you should not be ashamed to seek compensation for medical malpractice. Filing lawsuits has become somewhat taboo over the last few years as settlements have skyrocketed and they have been sensationalized in the news. However, it is a different feeling when you are on the other end. If you are legitimately harmed because of a malpractice asbestos exposure issue you have the right to be compensated and made whole.




The author Tony Ulrich was diagnosed with kidney cancer in October of 2009. In his research on what his cancer could have been caused by, he came across with data that suggests a strong link to environmental toxins, such as asbestos. Please visit his Kidney Cancer and Mesothelioma Medical Malpractice website for more details.





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Tuesday, November 20, 2012

Get a Mesothelioma Asbestos Lawsuit Settlement


If you've been diagnosed of lung cancer, chances are you have been frequently exposed to asbestos throughout your lifetime. Asbestos has been utilized inside the construction of industrial and residential applications because just prior to 1900. Although asbestos is now strictly regulated, for the reason that it was extremely relied upon for insulation the material is nonetheless prevalent and can trigger harm. If you have been exposed to high levels of asbestos, you will have been put at risk of creating life-threatening ailments like lung cancer. Knowing the way to file an asbestos lawsuit is crucial for those who or someone you really like has knowledgeable medical issues due to asbestos exposures. Realizing the significant measures on filing an asbestos lawsuit will make the method much easier so you can actually obtain the compensation you deserve.

For anyone who is hunting for how you can file an asbestos lawsuit here are a few relatively easy steps which will enable you to. The 1st step will be to identify an asbestos lawyer. Since it really is a highly specialized legal region you have to pick a lawyer particularly carefully by hunting into various variables like his reputation, expertise as well as other credentials. It is possible to ask a series of questions which you give you an concept about all such details and also know concerning the time it's going to take for receiving the compensation after filing the asbestos lawsuit.

Once you've got completed your consultation, you may talk about no matter whether you happen to be an excellent candidate for an asbestos lawsuit. You have to know where you were exposed to asbestos to file a lawsuit. As soon as you sign a retainer, the attorney will file the paperwork using the courts and start the discovery phase of trial. While a settlement can be reached at this time, the firm you choose should think about your improved interest and is not going to encourage you to accept a settlement that is definitely too low. It is very important to know, most firms dealing in asbestos lawsuits will charge a larger fee if the trial lasts extended.

The formal investigation of the asbestos lawsuit will now begin. This involves reviewing all the possible items that may have triggered the patient???s disease, interviewing co-workers, obtaining written testimonies, and verifying the certifications of the accused business. This investigation will also bring the appropriate medical fields to bear on the case, like experts on mesothelioma or lung cancer.

Right after this approach, an asbestos lawsuit will now proceed to the presentation of the situation. Initially, this may transpire in a convenient place, exactly where the claim can be resolved in between the business as well as the accuser. Having said that, if this is not settled there, the asbestos lawsuit might be resolved in a courtroom by a judge. This generally happens when the defendant (the business) refuses to acknowledge the blame. In this predicament, the judge will ask for further proof, including medical bills, lost wages, and others. The final choice will then decide if payment for damages will likely be received by the accuser/patient.




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Friday, November 16, 2012

Find Out How to Locate the Perfect Asbestos Attorney to Help You Win Your Mesothelioma Lawsuit


People who have been exposed to asbestos for a length of time, through any one of a number of business processes, may have the chance of developing asbestosis or mesothelioma. There is a very high success rate for these types of law suits which is why you may have noticed a lot of commercials or other types of advertising by law firms looking for potential clients to represent. Attorneys representing people in these lawsuits end up on the winning end very often, which is likely why you will see plenty of attorneys publicizing their services through commercials and other advertising avenues, in search of clients interested in representation. The excellent track record for these kinds of litigation cases may give complainants the idea that they are effortlessly won, which is not necessarily the case. These kinds of law suits can be tremendously complicated, and a good mesothelioma law firm is critical to determining the appropriate parties who are responsible for the client's illness.

Most law suits come down to evidence and what can be proven, but sometimes in legal matters the kinds of court cases that have been tried before yours can impact how your suit is handled by the courts. There is a concern with these kinds of cases; there are plenty of individual and class action legal cases and settlements that have made their way through the legal courts. That means the attorneys usually representing the defendants have several years of practice. And while it is true that many of these cases have a high possibility of some kind of prize, even sizable amounts of money, the corporations using these law firms have been excellent at keeping the rewards lower than they could be. You will be hoping for as much money to be awarded in a settlement that you can get, due to the fact that you have invested time and effort into this endeavor.

There are many different ways to narrow down a pool of applicants to represent you, one way is to examine the local bar associations to see if there are capable legal professionals in your state. Another wonderful way to find a good one is to talk with former co-workers who have sued or settled. They may also be able to lend you ideas or hints on how to proceed after the selection process. Once you have a pool of candidates make sure to check the lawyer's background, ask for personal references and make sure you recognize that most of the time you will only be sent to very satisfied clients.

When you have a number of advisors to pick from make sure you interview them carefully. The typical process for asbestos lawyers is to ask for a contingency fee for managing the suit, and other fees for lawsuit preparation. Try to discuss, look up, and take a look at a variety of attorneys long before consenting to an agreement. Some firms will claim they do not ever negotiate charges, but be very wary of unexpected mushrooming charges attached to the suit. All of the fees that you are charged leading up to signing with a law firm have to include deposition and court filing fees, and you should be able to account for each charge and what it goes toward. You have to put up your guard when you start to notice the fees look to be growing, and the attorney is making obscure promises. Picking out the right firm or person to help you can be very difficult, especially when you are under the weather, but we hope you have acquired some helpful tips here that will contribute to your success.




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Monday, November 12, 2012

OSHA's Battle Against Asbestos


Even though the health issues related to asbestos have been noted since Ancient Greek and Roman times, the substance was not outlawed in the United States until the late 1980s. With the Environmental Protection Agency's Asbestos Ban and Phase-Out rule passed in June of 1989, we are now more protected against the carcinogen. Additionally, OSHA has passed other legislation and regulations to help workers as well.

The Occupational Safety and Health Administration, or OSHA, began in 1970 with the Occupational Safety and Health Act. OSHA was developed to help protect most employees from work-related illnesses and injuries. Thus, when the problems with asbestos hit, OSHA stepped in to create and enforce regulations to protect workers.

The three main industries that embraced asbestos usage were construction, shipping, and automotive. This material was useful for these three industries due to its properties as a silicate mineral as well as its own characteristics. As a silicate, asbestos has highly insulating qualities. It resists electricity, heat, flame, chemicals, and biodegradation. Due to its own qualities, asbestos is flexible and has high tensile strength. This means that it was easily added to a number of different products, which helps explain its spread and popularity.

In the construction industry, asbestos was utilized in things like joint compound, vinyl flooring, ceiling tiles, insulation, and counter tops. For automotive businesses, asbestos was added to gaskets, brake, and clutch components. Lastly, the shipping industry utilized asbestos like the construction companies, but it focused a lot on insulation to help keep fires from spreading throughout a ship.

For the auto industry, OSHA requires that businesses that perform more than five brake or clutch jobs per week must have at least one safety measure in place to prevent the spread of airborne asbestos fibers. These methods include the negative-pressure enclosure/HEPA vacuum system, the usage of wet wipes, and low pressure/wet cleaning.

In the construction, shipping, and other general industries, OSHA has outlined that workers may not be exposed to large amounts of asbestos. Additionally, if someone reports an asbestos-related health issue, this must all be properly documented and medical records must be collected and noted in case of lawsuits and compensation in the future.

Sadly, even though OSHA works hard to protect workers, some people are still illegally exposed to asbestos. If you or someone you know has developed mesothelioma or another such disease, you should speak to a lawyer about your options for possible financial recompense.

For more information, talk to an asbestos lawyer at the firm of Williams Kherkher today.




Joseph Devine





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Friday, November 9, 2012

Asbestos Attorneys and Personal Injury Settlements


Asbestos is known for its strength and thermal stability. This naturally occurring and incombustible mineral was widely used in the insulation and building supply manufacturing industry for many decades.

As asbestos is being processed or if asbestos products get damaged, microscopic fibers will be left behind and are likely to get airborne. Anybody on site or in close proximity is at danger to ingest the small particles or inhale the contaminated air. As a result, chances are that a person may develop serious or fatal diseases such as mesothelioma, asbestosis or other chronic and cancerous health conditions.

The danger of being exposed to asbestos was broadly communicated in the 1980s, when the medical community vehemently warned the public and the industry about the hazardous effect of this material. New patients in the thousands were diagnosed with asbestos induced diseases along with alarmingly high fatality rates. The unfortunate fact of the matter is: the risk was known. Yet, many corporations chose not to install adequate measures to protect their workers appropriately. And as a result, many of them got sick, often years or even decades later after they had already retired from their job that had them get in contact with asbestos.

A person who was diagnosed with a disease that was caused by asbestos exposure and whose health condition was the direct result of an employers wrongdoing, might be entitled so seek a financial compensation through a personal injury settlement or a court verdict. However, in order to get the maximum out of an asbestos case, it is advisable to consult with one or more of the numerous asbestos attorneys that are available to represent or litigate your claim on your behalf.

You might face a bit of a challenge in finding the right asbestos attorneys for your situation. Ideally, if you know a lawyer in your family or among your friends, you may ask for a referral to an experienced and reputable attorney who specializes in litigations of asbestos cases. Otherwise, the Internet is a great starting point to conduct your research. A lot of asbestos lawyers and law firms publish excerpts of previous cases along with the dollar amounts they were able to recover for their clients. Look for references in their history that are similar to your own personal injury settlement claim.

The better you can document your case, the more likely you will receive the most compensation money. Any paperwork pertaining to your employment and health condition, photos and ideally even witnesses, will help your asbestos attorney strengthening your case.

Before you make a decision as to whom you want to hire for your claim, ask for a free consultation. This will give you the opportunity to meet with the person or team face to face and see if you feel comfortable with them. Personal injury settlements or verdicts may take several months or even years. And you want to be sure that you hired the right individuals to represent you in negotiations with the insurances or in court, in order to achieve the best possible outcome for you.




The author Tony Ulrich was diagnosed with kidney cancer in October of 2009. In his research on what his cancer could have been caused by, he came across with data that suggests a strong link to environmental toxins, such as asbestos. Please visit his Kidney Cancer and Asbestos Mesothelioma website for more details.





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Sunday, November 4, 2012

What the Exposure to Asbestos Leads To


When asbestos fibers were first discovered, it was thought of as a great discovery because the fibers were resistant to electricity and fire. It was placed in building materials to keep homes from burning as quickly in a fire. Of course, now that it has been found that exposure to asbestos is toxic, it can no longer be used for that purpose.

There are many health dangers with the continued exposure and use of asbestos products. A person becomes exposed when the fibers are disturbed and get into the air. Once a person breathes them in, they have been exposed.

What happens with the fibers is that they get trapped in the lungs, and because of their abrasive nature, cause scaring and malfunctioning of the respiratory system. Asbestos is known to cause different kinds of cancer, including mesothelioma, which is a form of chest cancer.

It also causes the condition asbestosis, which encompasses chronic breathing and lung problems. There are also many other breathing and lung disorders that can be attributed to asbestos exposure. The main group of people who are at risk for developing a health problem from asbestos are people who work directly with the substance. Everyone has been exposed to a little bit in their lives, but it is the people who disturb the asbestos fibers that are at the highest risk for developing health problems.

If your house was built before 1978, then it is very likely that there is asbestos present in your home. The main reason for putting it into homes was to make them more resistant to fire. If there are asbestos fibers present in your home, then the only way that you will be at risk for health issues is if the fibers are disturbed, which can happen when remodeling or sanding.

If asbestos fibers get into the air over time, then this can be a health risk. To judge your risk for exposure to asbestos, an assessor may be called to determine if there is any asbestos in your house, or if there is any danger. He can check the indoor air quality to see if there is any of it floating around in your home.

In actuality, there is not much risk for health problems unless you are someone who works with it on a regular basis. If you are someone who has cancer from asbestos, then perhaps you should hire an asbestos lawyer and consider taking out a lawsuit against the company that you feel is responsible.

Now you know what kind of problems can occur from too much exposure to asbestos. Still, it is best not to dwell on it too much, because unless you are breathing it in on a regular basis, such as with people who work with products that contain asbestos, then it is unlikely that you will have any health related issues from the substance.




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