Cancer and Medication: Advocating for Yourself and Your Health

Unfortunately, the risk of a cancer diagnosis is a very real concern with many common (and not-so-common) medications. While drug companies have a legal duty to ensure that their medications are safe, these companies don’t always follow the law. Far too often, they prioritize their profits over patients’ safety, and they either rush drugs to market without understanding their risks or aggressively market their drugs despite knowing of the risks involved.

With this in mind, as a patient, it is important to be your own advocate. It is important to be aware of the health risks you are facing, and it is important to seek help when necessary. While doctors can provide treatment and mass tort lawyers can provide legal representation, these professionals can only help you if you take action.

Protecting Your Health and Legal Rights When You Have Concerns About Medication-Related Cancer

With this in mind, here are five important steps to take if you have reason to believe that you may have contracted cancer from a medication:

1. Schedule an Appointment with Your Doctor Right Away

The first step you should take in this situation is to schedule an appointment with your doctor right away. Most health insurance plans cover cancer screenings (though you may still have to cover your deductible or copay if you have coverage). If you have a claim against a drug company, your health insurer may be entitled to subrogation, but you can use your insurance coverage for now.

If you don’t have health insurance or can’t afford to pay for a doctor’s visit, you may qualify for a free or low-cost cancer screening under various programs. You should explore these programs as necessary—as obtaining a prompt diagnosis can be critical for mitigating the risks associated with various types of cancer.

2. Prepare for Your Doctor’s Appointment

Once you schedule a doctor’s appointment or cancer screening, you should do your best to prepare. For example, if possible, you should:

• Make a complete list of your symptoms
• Make sure you have your medication (or a photo of the label)
• Write down when you started taking the medication and when you started to notice symptoms
• Write down any questions you want to be sure to ask
• Try to find out if your medication is subject to any FDA recalls or warnings

Taking these steps to prepare for your doctor’s appointment or cancer screening will help you be your own advocate. By letting your doctor know that you have concerns about cancer (and why you have these concerns), you can help ensure that you receive an accurate diagnosis.

3. Get Tested and Attend Your Follow-Up Appointments As Necessary

During your appointment, your doctor may recommend that you get tested at a radiology center or lab, and your doctor may schedule follow-up appointments to monitor your symptoms or begin treatment. You should follow your doctor’s recommendations—or seek a second opinion if you believe this is necessary. If you have cancer as a result of taking a dangerous or defective drug, your initial doctor’s visit will be just the first step toward managing your symptoms and working toward remission.  

4. Start Documenting Your Financial and Non-Financial Costs

If you have cancer as a result of taking a dangerous or defective drug, it will be important to start documenting the financial and non-financial costs of your diagnosis. This is because you may be entitled to financial compensation for these costs from the drug company that is responsible for your condition.

Laws in Florida and other states hold drug companies liable when their medications cause patients harm. In many cases, these laws hold drug companies strictly liable for patients’ cancer diagnoses, which means that proof of negligence isn’t required to file a successful claim.

To seek just compensation, you will need proof of the costs you are entitled to recover. This means that you should do your best to start collecting documentation such as:

• Your medical records related to your cancer diagnosis
• Your medical bills, payment confirmations and receipts
• Payment confirmations and receipts for cancer medications and other out-of-pocket costs
• Employment records documenting the hours or days you miss from work
• Photos, videos and handwritten notes that document the day-to-day effects of your cancer diagnosis

Generally speaking, the more documentation you can collect, the better. With that said, if you don’t have all of your medical records or you aren’t sure which costs are related to your cancer diagnosis, that’s completely fine. Once you hire a mass tort lawyer to represent you, your lawyer will be able to assist with collecting all of the documentation you need.

5. Discuss Your Legal Rights with a Mass Tort Lawyer

If you have a claim against a drug company related to your cancer diagnosis, you will need to hire a mass tort lawyer to take legal action on your behalf. Mass tort lawyers handle complex cases against drug companies and other large corporations, and they do so at no out-of-pocket cost to their clients. Once you hire a lawyer to represent you, your lawyer will be able to explain everything you need to know about asserting your legal rights, and then you will be able to use these insights to make informed decisions about your next steps.

But, as we said above, a mass tort lawyer can only help you if you take the first step. Right now, you need to be your own advocate. If you have questions about your legal rights after receiving a cancer diagnosis, you should schedule a time to speak with a lawyer as soon as possible.

Are You Entitled to Financial Compensation? Find Out From an Experienced Mass Tort Lawyer at Searcy Denney for Free

Do you need to know more about filing a claim for a medication-related cancer diagnosis? If so, we strongly encourage you to schedule a free, no-obligation consultation at Searcy Denney. Call us at 800-780-8607 or tell us how we can reach you online to schedule your consultation today.