Many cancer patients must undergo radiation. Although it’s necessary, it can have adverse consequences if errors are made during its administration. Radiation errors can even result in overdose or premature death. If you were injured or a loved one was killed by a radiation error, you can consult the seasoned Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano.
Radiation ErrorsRadiation therapy is commonly used for cancer patients. The radiation destroys the genetic material that affects how cells divide and grow. It kills both cancerous and healthy cells, and it’s administered with an aim of killing as few healthy cells as is manageable. When there is an error made and an overdose of radiation occurs, too many normal cells may be killed and the patient may sustain injuries.
Radiation errors can include contamination or incorporation. When there is an improper exposure to radiation treatment, the skin can become contaminated and the radiation may be deposited into the body, causing major health consequences. If there’s incorporation, a body’s tissues, organs, and cells absorb radiation, and again there may be major health consequences.
It’s not easy to detect radiation errors. Even when radiation errors are found, there may be few remedies for patients. Most people do not have enough saved up in case they are harmed by a radiation error or other medical malpractice. You may be able to obtain damages by filing a medical malpractice lawsuit, and a dedicated medical negligence lawyer can assist you.
Liability for Radiation ErrorsRadiation errors occur more often than patients would hope. They can be caused by mechanical malfunction, technician error, programming errors, erroneous prescriptions of radiation, or improperly positioned radiation beams, diagnostic errors, administration errors, and other issues. When these errors involve overdose, they can result in death within days of being treated.
When you’ve been injured or a loved one’s death has been caused by a radiation error, you may be able to recover damages by establishing medical malpractice. Medical malpractice includes any act or omission by a health care provider while caring for a patient that deviates from the medical community’s accepted standard of care, and that winds up harming the patient. In order to be successful in a lawsuit, you’ll need to show: (1) a duty of care was owed to the patient by the defendant(s), (2) breach of the duty of care, (3) causation, and (4) damages sustained because of the radiation error. Many people may be responsible for a breach of the duty of care, including a doctor, a nurse, the radiotherapy center, and staff members or technicians.
Wrongful DeathIf you lost a loved one because of a radiation error, you may be able to recover wrongful death damages. Only a personal representative of the decedent’s estate can sue for wrongful death, but the lawsuit can seek damages for losses suffered not only by the decedent’s estate, but also beneficiaries, heirs, and devisees. Under New York Estates, Powers and Trusts Code Part 4, you must be able to show: (1) death, (2) caused by the defendant’s wrongful acts, (3) giving rise to a cause of action a decedent could have pursued in court if death had not been suffered, (4) survival by one or more people who’ve suffered losses because of the death, and (5) damages.
Damages that may be recovered include the decedent’s reasonable medical bills arising out of the radiation error, funeral and burial expenses, wages and benefits lost between the radiation error and death, value of parental guidance, value of services and support, lost inheritance, and conscious pain and suffering.
Retain a Skillful Medical Malpractice Attorney in SyracuseIf you were harmed or a loved one was killed due to a radiation error in Syracuse, you may be able to sue for damages. Medical malpractice cases can be difficult to establish, and often require expert opinions. At DeFrancisco & Falgiatano, our lawyers represent patients harmed by medical malpractice in Syracuse, Rochester, and throughout Update New York, including in communities such as Canandaigua, Ithaca, Oneida, Utica, Binghamton, Cooperstown, Oswego, Lowville, Auburn, Lyons, Herkimer, Watertown, Elmira, Wampsville. Call our firm at 833-200-2000 or contact us via our online form.