Heart patient wins $1 million in suit

[Michael Stabin <stabin@npd.ufpe.br>]

>
> Heart patient wins $1 million in suit against hospital, doctor
>
> The chances of such burns were so low that cardiologists didn't even warn
> him about the radiation they would use to see into the heart with X-rays
> during the procedure.
> But Nicklow's procedure was long and complex. As a result, after two
> angioplasty procedures, he developed a hole in his back from the amount of
> radiation used.
> On Friday, a jury awarded Nicklow, 61, of Leisenring, Fayette County, $1
> million, with 90 percent to come from his doctor, Bassam Kharma,

An example of radiation litigation that was completely appropriate and
legitimate.  There was apparently a lack of informed consent, and an ACTUAL
INJURY from a mistake made in the use of radiation.  Of course the
defendant's lawyer will complain as a matter of form, but I doubt that there
are any on this list who would decry this as an unfair verdict, "they're all
out to get us", etc.  This is the kind of case that should be brought into
the tort process and won, and almost any qualified radiation protection
professional called to testify for the plaintiffs should be inclined to do
so.  We often do decry other tort claims which involve doses of radiation
similar to natural background received in the workplace being linked to
defendants' cancers, when there is (1) no evidence that this cancer was
related to the small exposure received, and (2) when the employer acted in
good faith in keeping exposures way within regulatory limits.  Will the
Hollywood models be taking to the talk shows to try and shut down all
cardiology procedures now?  Of course not, neither should they.  A mistake
was made with a generally safe technology - this mistake should be dealt
with appropriately and avoided in the future, nothing more.



Michael Stabin, PhD, CHP
Departamento de Energia Nuclear/UFPE
Av. Prof. Luiz Freire, 1000 - Cidade Universitaria
CEP 50740 - 540
Recife - PE
Brazil
Phone 55-81-271-8251 or 8252 or 8253
Fax  55-81-271-8250
E-mail stabin@npd.ufpe.br

"Quantum Mechanics: The dreams stuff is made of"
- Steven Wright


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