Q: If a person was given too much radiation is there grounds for a lawsuit

A: A doctor ordering a heavy dose of radiation would only be liable if that was below the standard of care.

Standard of care means the degree of care and skill of the average health care provider of that type of doctor.

A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

A: Yes, there may be grounds for a lawsuit if a person received excessive radiation due to a medical provider's negligence. In California, medical malpractice claims, including those involving radiation overdoses, fall under the Medical Injury Compensation Reform Act (MICRA). MICRA limits non-economic damages—such as pain, suffering, and emotional distress—to $350,000 for injuries that occurred after January 1, 2024. To pursue this claim, you would need to demonstrate that the provider failed to follow the standard of care, resulting in harm. Consulting with an attorney who can review the medical records and assess the provider’s actions is key to determining the strength of a potential lawsuit.

A: If you received excessive radiation treatment and it caused serious harm, you may have grounds for a medical malpractice lawsuit. Radiation errors, including administering too much or unnecessary treatment, can result in severe injuries, leaving you unable to function as before. In cases like this, legal action may help hold the responsible parties accountable for the harm caused.

To pursue a malpractice claim, you would need to prove that the healthcare provider acted negligently, meaning their actions were not in line with the standard of care expected. This could involve showing that the radiation dose prescribed or administered was inappropriate or that they failed to monitor the treatment properly. Evidence of your injury and how it directly resulted from the improper treatment will be essential.

Speaking with an attorney who understands medical malpractice can help you evaluate your situation and determine if legal action is possible. They can assist in gathering the necessary records, consulting with experts, and ensuring your claim is filed within California’s statute of limitations. It’s important to act quickly to protect your rights.