Medical malpractice cases typically fall into one of the following categories: (1) failure to diagnose, (2) improper treatment, and (3) medical errors.
Malpractice claims across the United States cost insurers billions of dollars, not to mention the harm suffered by the patients in these cases.
One injury that can occur from negligence or malpractice is radiation sickness due to overexposure to x-rays.
If you think your overexposure to x-rays constitutes medical malpractice, contact one of the medical malpractice attorneys at Poulos & Cavazos today to discuss your case.
Key Takeaways:
- X‑ray overexposure can be a form of medical negligence: When imaging is performed without proper indication or excessive radiation is used, it may fall below the standard of care.
- Healthcare providers must follow safety protocols: Legitimate clinical justification, shielding, and equipment calibration are essential to avoid unnecessary radiation exposure.
- Documentation and consent matter: Providers should document why imaging is needed and inform patients of risks to demonstrate adherence to accepted medical practices.
- Adverse effects from unnecessary exposure can cause harm: Skin burns, tissue damage, or increased long‑term risk may result when safety standards are ignored.
- Proving malpractice requires evidence: Comparing the care provided with accepted standards, expert testimony, and medical records helps establish whether overexposure constitutes negligence.
Does Overexposure to X-Rays Count as Medical Malpractice?
To prevail in a medical malpractice claim, the plaintiff needs to establish three factors:
- The plaintiff and defendant had a doctor-patient relationship that imposed a duty of care on the healthcare provider;
- The healthcare provider deviated from the generally accepted standard of care; and
- The patient suffered injuries due to their deviation.
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In addition to proving these elements, you will likely need to present expert testimony to demonstrate the defendant’s actions fell below the generally accepted standard of care.
You must also prove you suffered an injury because the defendant breached their duty of care. In other words, it’s not enough for the mistake to have happened; it must also have caused you some measurable harm.
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What Will Overexposure to X-Rays Do?
X-rays used to scan bones and other body parts expose humans to a small amount of extra radiation. In large doses, radiation exposure can lead to higher cancer risks and significant tissue damage.
However, imaging tests like x-rays and PET scans expose us to a dose much smaller than required in order to cause visible damage.
On average, Americans receive about 3 mSv (millisieverts) of radiation over a year. A single chest x-ray exposes a patient to about 0.1 mSv.
A mammogram exposes a woman to 0.4 mSv, or about the amount a person would expect to get from natural background exposure over seven weeks.
A lower GI series using x-rays of the large intestine exposes a person to about 8 mSv, or about the amount expected over about three years.
If a doctor repeatedly orders you to do unnecessary imaging tests, and you develop the effects of radiation sickness, contact an attorney today.
X-Ray Overexposure & Medical Malpractice FAQs
Is X-ray overexposure considered medical malpractice?
What qualifies as overexposure to X-rays?
Can radiation burns result from X-ray overexposure?
What symptoms may indicate X-ray overexposure?
Who can be held responsible for X-ray overexposure?
How is X-ray overexposure proven in malpractice cases?
Can inadequate protective equipment lead to malpractice?
Are certain patients at higher risk from X-ray overexposure?
What should I do if I suspect X-ray overexposure occurred?
Do I need an attorney for an X-ray overexposure claim?
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Our team of medical malpractice attorneys at Poulos & Cavazos has over seven decades of experience helping our clients and their families hold negligent healthcare professionals accountable for their harm.
We have a medical doctor and a nurse on our staff who are prepared to evaluate the details of your case, seek out expert witnesses to testify on your behalf, and prepare your case to go to trial.
Our New Mexico medical malpractice attorneys strive to make our clients feel comfortable leaving their cases in our hands.
We are compassionate advocates who put your needs at the forefront of our minds while we pursue a favorable outcome in your case. Contact our office today so we can review your case.
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Victor Poulos, JD
For more than two decades, Victor Poulos has devoted his practice exclusively to representing patients and families harmed by medical negligence. He has handled complex medical malpractice cases involving hospitals, surgeons, anesthesiologists, and other healthcare providers, and has taken hundreds of depositions of physicians, nurses, and hospital staff across nearly every medical specialty. Mr. Poulos has successfully tried high-stakes malpractice cases to verdict and is known for his meticulous case preparation and relentless advocacy on behalf of injured patients.
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