Mesothelioma in Tampa: Asbestos Exposure, Diagnosis Questions, and Florida Options

By Igor Hernandez, CHG Lawyers, Coral Gables, Florida

If you are looking for mesothelioma information in Tampa, start here. Mesothelioma is a cancer of the lining that covers the lungs, chest, or abdomen. Medical sources link it to asbestos exposure. Doctors make the diagnosis.

This guide explains the key terms. It covers questions to bring to your medical team. It also covers Florida paths that may be relevant to a family’s situation.

What a Mesothelioma Diagnosis Means for Tampa Families

A mesothelioma diagnosis means a doctor has found a cancer. The cancer starts in a thin lining that covers internal organs.

A walk along the Tampa Riverwalk can feel ordinary. Then a phone call from the doctor can change the plan for the whole family.

The ATSDR mesothelioma overview describes the disease as an asbestos-related cancer. It affects the membranes around the lungs, chest, or abdominal cavity. Membranes are thin layers of tissue that cover organs.

Your medical team makes the diagnosis. They also explain what it means for you. Questions about tests, staging (how far the cancer has spread), and treatment belong with your doctors.

Spouses, adult children, and other relatives may have questions too. They may wonder about past jobs, where the person lived, and which records to gather. This page covers those topics in plain language.

This page is educational. It is not medical advice. Please follow the care plan your doctors set for you.

Is Mesothelioma a Rare Type of Cancer?

Yes. The ATSDR health effects page describes mesothelioma as a rare asbestos-related cancer.

Mesothelioma types are named for the body lining where the cancer begins. Examples include:

Pleural mesothelioma begins in the membranes around the lungs and chest.
Peritoneal mesothelioma begins in the membranes of the abdominal cavity.

A rare diagnosis is still a serious one. Because the disease is uncommon, a family may need to learn new medical words quickly. Writing questions down before each appointment can help everyone stay on the same page.

How Asbestos Exposure Connects to Mesothelioma

The cited ATSDR pages discuss asbestos exposure in connection with mesothelioma. Asbestos is a mineral fiber. Whether a person was exposed to asbestos depends on where and how they lived and worked.

The ATSDR asbestos overview says asbestos exposure can cause serious disease. ATSDR also says exposure to amphibole asbestos, one type of asbestos fiber, is linked to an increased risk of mesothelioma.

Workplace exposure is one setting. OSHA’s asbestos hazards page states that workplace asbestos exposure increases the risk of lung cancer and mesothelioma. It also states that these diseases have a delayed onset. In other words, symptoms can take a long time to appear.

Other possible exposure settings include:

Military service
Household exposure, such as contact with a relative’s work clothing

Whether any exposure applies depends on the facts.

Timing matters. ATSDR states that signs of mesothelioma may appear 30 to 40 years after asbestos exposure. Latency means the time between exposure and illness. This affects how causation is discussed. Causation means what caused the illness.

Whether a specific exposure caused a specific illness depends on medical records, work and home history, and the facts of each case.

Your Questions for the Medical Team: How Mesothelioma Is Diagnosed

Only your medical team can tell you how a diagnosis was reached. Bring a written list of questions to each visit. This can make those conversations easier.

How do you know if your lung cancer is mesothelioma?

Ask your doctors which tests were done and why. Ask what the pathology report says. A pathology report is the lab’s written findings on tissue samples. Ask whether more testing is planned. A lung finding may need further review before anyone can say what it is.

Consider asking these questions at each visit:

Which tests have been done, and what did each one show?
What does the pathology report say, and can someone explain it in plain words?
Is the cancer pleural or peritoneal?
Is a referral to a cancer center appropriate for a second opinion on care? A second opinion is a review by another doctor.
Who will coordinate the treatment plan?

Keep copies of your medical records. Records may matter if you later contact CHG Personal Injury Lawyers about your situation.

Is Mesothelioma Terminal, and What Outcomes Can Vary?

Outcomes vary from person to person. Only the treating oncologist, your cancer doctor, can speak to a specific outlook.

Is mesothelioma a terminal illness?

We won’t answer that question for your family. No one should guess at it. Ask your oncologist to explain the outlook for your specific diagnosis. Ask for an explanation you can follow.

Are there any mesothelioma survivors?

Your medical team can tell you what treatment options exist for your situation. They can also explain what those options may mean for you. Outcomes depend on the person’s diagnosis, overall health, and care plan. Follow the advice of your doctors.

Compensation Paths Florida Families May Explore

Families may have more than one path. The right one depends on how the exposure happened.

Workers’ compensation. Workplace exposure is generally handled through workers’ compensation. This is a system that pays benefits for work-related illnesses and injuries. Under Fla. Stat. § 440.151, the statute sets out requirements for occupational disease claims under Florida workers’ compensation, including that the employment be the major contributing cause of the disease. Whether these requirements are met depends on the facts of each case and on applicable Florida law, and medical evidence may be needed. Exposure and causation may need to be proven by clear and convincing evidence, a high standard of proof, depending on the facts of each case and applicable Florida law.

Under Fla. Stat. § 440.11, the employer’s workers’ compensation liability generally replaces other liability to the employee. Listed exceptions apply.

Lawsuits against companies. A claim may be pursued against companies whose products or conduct are alleged to have caused exposure. Under Fla. Stat. § 774.207, whether the availability of punitive damages, which are extra damages meant to punish, applies in an asbestos claim depends on the statute’s scope, its effective-date limits and conditions, and the facts of each case.

Asbestos bankruptcy trusts. Asbestos bankruptcy trusts may pay claims separately from a lawsuit, and whether a trust may pay a particular claim depends on the trust’s terms and the facts of each case. Under section 524 of the Bankruptcy Code, a discharge in a bankruptcy case may void certain judgments that determine a debtor’s personal liability for a discharged debt, and may operate as an injunction against efforts to collect that debt, subject to the statute’s other requirements and exceptions. Eligibility and payment depend on each trust’s rules and the facts of each case.

Veterans’ benefits. Under the disability compensation provision of the U.S. Code for veterans, the United States may pay compensation for disability resulting from personal injury suffered or disease contracted in active service during a period of war, or for aggravation of a preexisting injury or disease, to a veteran discharged or released under conditions other than dishonorable, but no compensation is paid if the disability results from the veteran’s own willful misconduct or abuse of alcohol or drugs. This provision addresses wartime service; a companion provision, 38 U.S.C. § 1131, covers disability from peacetime service, and other requirements also apply. Compensable means eligible for benefits. Other requirements also apply.

Under the service connection regulation in the Code of Federal Regulations, service connection may be granted for a disease diagnosed after discharge. Other requirements apply, and whether service connection is granted depends on the evidence in each case. Service connection is the link between military service and a disability. This applies when the evidence shows the disease started during service. Ask about VA questions early. VA means the U.S. Department of Veterans Affairs. Bring your service records.

Florida Filing Deadlines: Why Timing Matters

Florida sets time limits for filing injury claims. The start date can depend on when an illness was discovered.

Fla. Stat. § 95.11 lists time limits for different kinds of actions. Under Fla. Stat. § 95.031, a cause of action generally accrues when the last element of the claim occurs. To accrue means the clock starts running.

Whether an asbestos claim is barred depends on the facts of each case and on applicable Florida law, including any effective-date provisions. When the time limit for filing begins to run in an asbestos claim depends on the facts of each case and on applicable Florida law.

This rule has conditions. Its application depends on the facts and records of each case.

Deadlines apply. Contact our office promptly. We can review the timing questions for your family.

Talk With CHG Personal Injury Lawyers About Your Tampa Situation

A Tampa family with a mesothelioma diagnosis may want to know whether asbestos exposure could support a claim under Florida law.

CHG Personal Injury Lawyers focuses on personal injury matters throughout Florida. Igor Hernandez, a Florida Bar member, leads the firm from its Coral Gables, Florida office.

Whether a claim exists depends on your records, your work and home history, and Florida law. Contact CHG Personal Injury Lawyers to talk through your family’s situation.

CHG charges no attorney’s fees and no case costs unless there is a recovery.

CHG may refer a matter to, or handle it together with, another law firm where appropriate.

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