Radiation malpractice often occurs in situations where patients are undergoing cancer treatments. The general side effects of radiation are often unpleasant and may include nausea, vomiting, appetite loss, and radiation burns. However, certain conditions are not common with radiation treatment and may be due to negligence on the part of the healthcare provider. If a patient has suffered injuries because of radiation malpractice, they may be able to recover for the subsequent damages.
Radiation Damage
Radiation malpractice cases have included instances when the doctor incorrectly placed radiation seeds in a patient’s rectum and the patient suffered severe that resulted in the patient's losing his colon and bladder. Other malpractice cases include botched X-rays results, over-radiation of a brain tumor, as well as patients who develop radiation sickness characterized by nausea, vomiting, diarrhea, weight loss and loss of appetite. If you feel you are suffering radiation damage due to your doctor's malpractice, you may recover damages.
However, to recover for your damages, you must prove the following:
- That your physician acted below the reasonable standard of care when treating you.
- If it is a hospital that was negligent, you must show that the hospital failed in its overall duty such as not hiring competent personnel to administer the radiation.
Causation for Radiation Damage
You also must show that the breach of care by the treating doctor or hospital actually caused your injuries. In cases of radiation damage, you have to prove that the damage was not a normal side effect of the procedure. It must be show to have occurred because of the healthcare provider's negligence or breach of care.
Talk with an experienced medical malpractice attorney to further discuss how to proceed with a radiation malpractice claim.
