Radiation Therapy Gone Wrong: When Side Effects Become a Lawsuit. Your Legal Options

Radiation therapy is a powerful tool in the fight against cancer, with an estimated half of all cancer patients receiving it as part of their treatment plan. However, like any medical procedure, it carries inherent risks. While some side effects are expected and manageable, others can be the result of errors or negligence, leading to severe and sometimes fatal consequences. When these errors occur, understanding your legal options is crucial. If you or a loved one has suffered due to radiation therapy gone wrong, it’s essential to know your rights and the steps you can take to seek justice and compensation.

Understanding Radiation Therapy and Its Risks

Radiation therapy uses high-energy beams to damage the DNA of cancer cells, preventing them from growing and dividing. While this process effectively targets cancerous tissue, it can also affect surrounding healthy cells. This is why radiation therapy often comes with side effects.

Common side effects of radiation therapy include:

Fatigue
Skin problems (redness, darkening, sensitivity)
Hair loss in the treated area
Nausea and vomiting
Digestive issues
Dry mouth or eyes (if the head and neck region is treated)

These side effects are generally considered normal and are managed by the oncology team. However, some patients experience more severe or unexpected complications that may indicate a radiation therapy error.

When Side Effects Indicate a Potential Lawsuit

While some side effects are expected, certain outcomes suggest that medical malpractice may have occurred. According to Justia.com, patients given too much radiation may have grounds for a malpractice suit if their injuries resulted from negligence or equipment failure.

Here are some red flags:

Radiation Burns: Severe burns to the skin and underlying tissues, beyond typical skin irritation.
Organ Damage: Damage to internal organs in or near the treatment area.
Nerve Damage: Vision changes, hearing problems, or weakness in the face, tongue, neck, or shoulder.
Lymphedema: Swelling due to damage to the lymph channels.
Secondary Cancers: Development of a new cancer in the treated area years after radiation therapy.
Radiation Poisoning/Contamination: Occurs when the body’s tissues, organs, and cells absorb radiation.

It’s important to remember that even with the best care, complications can arise. However, if these complications result from negligence or deviation from the accepted standard of care, you may have grounds for a lawsuit.

Common Radiation Therapy Errors

Radiation errors can occur due to a variety of factors, including:

Human Error: Mistakes in calculating dosages, setting up machines, or misinterpreting treatment plans.
Equipment Malfunction: Faulty machines that deliver incorrect doses of radiation.
Programming Errors: Errors in the software that controls radiation delivery.
Inadequate Training: Insufficient training for technicians operating complex radiation equipment.
Communication Breakdown: Miscommunication among members of the radiation therapy team.
Diagnostic Errors: Erroneous prescriptions of radiation, or improperly positioned radiation beams.

According to the Pennsylvania Patient Safety Authority, the most common radiation misadministrations result in patients receiving the wrong dose of radiation therapy, delivery of radiation therapy to a wrong site, or patients receiving the wrong treatment plan.

Your Legal Options: Medical Malpractice

If you believe that your injuries are the result of a radiation therapy error, you may have a medical malpractice claim. Medical malpractice occurs when a healthcare provider’s negligence results in harm to a patient.

To win a medical malpractice case, you generally need to prove the following:

Duty of Care: A doctor-patient relationship existed, establishing a duty of care.
Breach of Duty: The healthcare provider’s actions fell below the accepted standard of care.
Causation: The breach of duty directly caused your injuries.
Damages: You suffered damages (losses) as a result of the injuries.

In radiation therapy cases, proving negligence might involve demonstrating that the radiation dose prescribed or administered was inappropriate, or that the healthcare provider failed to monitor the treatment properly.

Who Can Be Held Liable?

Several parties may be liable for radiation errors, including:

Radiation Oncologist: The physician who prescribes and oversees the radiation therapy.
Hospital or Clinic: The facility where the treatment was administered.
Radiation Therapist/Technologist: The individual who operates the radiation equipment.
Medical Physicist: The expert who calibrates and maintains the radiation machines.
Equipment Manufacturer: The company that made the radiation equipment or programmed the amount of radiation the device puts out.

Types of Compensation You Can Recover

If you win a radiation overdose lawsuit, you may be entitled to compensation for various types of damages, including:

Medical Expenses: Costs of treating radiation injuries, including hospital visits, medications, and ongoing care.
Lost Wages: Income lost due to inability to work.
Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish.
Punitive Damages: In cases of gross negligence, punitive damages may be awarded to punish the defendant.
Wrongful Death Damages: If the overdose leads to death, families can recover damages for lost companionship, funeral costs, and lost future earnings.

The Importance of Seeking Legal Advice

Radiation injury lawsuits are complex and require a thorough understanding of medical and legal concepts. An experienced medical malpractice attorney can help you:

Evaluate Your Case: Determine if you have a valid claim.
Gather Evidence: Collect medical records, expert opinions, and other evidence to support your case.
Negotiate with Insurance Companies: Deal with insurance companies to reach a fair settlement.
Represent You in Court: If a settlement cannot be reached, your attorney can represent you in court.

Time Limits for Filing a Lawsuit: Statute of Limitations

It’s crucial to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. The statute of limitations for medical malpractice cases varies by state, typically ranging from one to three years from the date of injury or discovery of the harm. Missing this deadline could result in your case being dismissed.

Taking Action to Protect Your Rights

If you suspect that you or a loved one has been harmed by radiation therapy gone wrong, it’s essential to take the following steps:

Seek Medical Attention: Get prompt medical care to address your injuries.
Gather Medical Records: Obtain copies of all medical records related to your radiation therapy.
Consult with an Attorney: Contact an experienced medical malpractice attorney to discuss your legal options.

Radiation therapy is a powerful cancer treatment, but it’s not without risks. When errors occur, the consequences can be devastating. Understanding your legal options is the first step toward seeking justice and compensation for your injuries. Don’t hesitate to seek legal advice if you believe you have been a victim of radiation therapy malpractice.