The idea of radiation being used for medical purposes can sound far-fetched, especially since the consequences of radiation overexposure can be dire. However, medicine uses radioactive materials to see how organs or tissue function for diagnostic purposes or to target and treat damaged or diseased organs or tissue. Radiation is necessary for the field of medicine. However, it’s critical that medical professionals take precautionary steps to ensure their patients are not overexposed, which can lead to incredibly harmful effects on a patient.
When a medical professional fails to exercise the necessary level of care when administering treatment or operating a diagnostic tool with radiation, they could harm the patient and can be held legally liable for the harm they caused. At the Law Office of Cohen & Jaffe, our attorneys have handled numerous medical malpractice cases, including cases dealing with radiation overexposure, and are ready to use our expertise to help pursue fair and just compensation for the harm you’ve suffered.
Radiation Overexposure: How is Liability Established and Who Can Be Held Liable?
Radiation overexposure refers to the exposure of a person to radiation that exceeds the dosage limit assigned to that person. A medical professional that overexposes a patient to radiation can be held legally responsible through a medical malpractice lawsuit.
Medical malpractice lawsuits are a type of personal injury case that arises when medical professionals fail to meet the legal standard of care they must uphold to prevent causing harm to their patients. These cases, like many personal injury cases, are based on the legal theory of negligence, which has four main elements:
- Duty of care: Medical professionals are legally obligated to act in a reasonable manner that another professional with similar education and experience would have in order to prevent overexposing the patient to radiation.
- Breach of duty: The patient must demonstrate that the medical professional deviated from the level of care expected of them while administrating the radiation treatment or operating the radiation diagnostic tool.
- Causation: There must be evidence that the patient’s harm would not have occurred if not for the medical professional’s breach of duty.
- Damages: It also must be shown that the patient suffered significant harm because of the breach of duty and now require the compensation they’re demanding to aid in their recovery and address the financial burdens they now have.
For instance, if a doctor over-exposes a patient to a higher dosage of radiation than normal and causes burns to the patient’s tissue or increases the patient’s risk of cancer, that doctor has deviated from the standard of care expected of them. The patient is now entitled to fair compensation to address the harm they’ve suffered. Depending on the type of accident and injury, the parties responsible for radiation overexposure injuries could include:
- X-ray technician
- Radiation oncologist
- Medical assistant
- Pediatric radiologist
- Interventional radiologist
- X-ray equipment manufacturers
When it comes to injuries inflicted due to medical negligence, it can be difficult to immediately identify that they’re the result of negligence. This is why it’s important to contact an experienced medical negligence attorney the moment you suspect that you’ve suffered harm due to radiation overexposure.
What Do Medical Malpractice Lawyers Do to Help Your Case?
A medical malpractice attorney is focused on helping patients who’ve been injured by a medical professional or facility while under their care. Unfortunately, medical malpractice is far too common, which is why medical malpractice lawyers fight to hold negligent medical facilities and professionals accountable in hopes to prevent future harm.
Medical malpractice lawsuits are very complex because medical facilities and their staff have legal teams doing their best to point the blame away from their client. A good medical malpractice attorney needs to have the necessary experience in dealing with these cases to understand the nuances of each case.
Medical malpractice cases often involve many unique legal issues that directly impact a person’s quality of life. A good lawyer needs to understand all of these issues, prepare a case for trial throughout all stages of the case, and know how to keep a case moving forward despite the push from the defendant’s legal team to make the whole thing go away.
Understanding the medical profession is crucial when taking on a medical malpractice case. The lawyer must be able to look at the potential of the case and establish what rules were broken and how that led to the injury. They must understand the science behind medicine because every medical malpractice lawsuit requires that both sides have testimony and evidence from medical experts.
When choosing a lawyer or law firm, look for those that are experienced in handling medical malpractice cases. The best results in a medical malpractice lawsuit, including settlements, come from lawyers and law firms who are willing and able to take the case to trial.
Contact Our Experienced Radiation Overexposure Lawyer Today
We trust the medical professionals in charge of our health because they have the expertise, education, and skills necessary to properly treat us. They are meant to exercise the proper care to ensure we leave their care better than when we walked in. Unfortunately, sometimes the doctors we trust fail to meet the standard of care required to keep us safe.
At the Law Office of Cohen & Jaffe, we know that you’re coming to us in a time of need and we are ready to go the extra mile to ensure you get the legal and moral support you need. Our attorneys are committed to doing whatever it takes to secure favorable outcomes for our clients. We believe in helping victims of medical malpractice hold the responsible parties accountable and ensuring that they receive fair compensation. Contact our firm today to learn more about how we can help you by completing our contact form or calling 516-358-6900 to schedule a consultation.
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