www.hsinjurylaw.com - I was preparing one of my railroad mesothelioma cancer clients for his deposition and I explained that the railroad defense attorney was questioning whether he suffered mesothelioma at all, because he wanted a deposition of the hospital's pathology doctor who diagnosed the mesothelioma. My client said, "Do you think I would go through chemotherapy and radiation if there was any question about me having mesothelioma?" I told my client I agreed with him and, yes, it is crazy but this is part of the defend-and-delay tactics railroads engage in with a mesothelioma cancer case. The railroad attorneys question the pathologist about how certain he is of the pathology diagnosis of mesothelioma. Of course, the pathological diagnosis of mesothelioma will never be given to a patient unless the pathologist is certain to a reasonable degree of medical probability, and the diagnosis is usually delivered by an oncologist as well. This is just one of many delay tactics that railroads engage in.
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