Children are Being Exposed to Unnecessary Radiation

May 27, 2011

The most vulnerable of human beings are sometimes the most mistreated. Such is the case with premature infants. In 2007, doctors at State University of New York, Downstate Medical Center in Brooklyn discovered that hospital staff repeatedly over-radiated premature babies during X-rays and CT scans. For example, when chest x-rays were ordered for one newborn, he underwent 10 full body X-rays without being covered by a protective shield.

The Lack of Standardized Regulation

It is the responsibility of each state to set its own regulatory standards for radiological workers. However, several states have no regulations in place at all. That means that in many parts of the country workers are not required to possess any formal minimum qualifications before they begin irradiating people.

Fortunately, the American Society of Radiologic Technologists has long been lobbying Congress to pass the CARE bill, which is supported by 26 organizations that represent over half a million American health care professionals. The CARE bill mandates nationwide regulation of radiological workers. The regulation focuses on minimum educational and certification standards for entry into the radiological profession as well as continuing education requirements to ensure competent behavior.

The United States Senate passed the CARE bill at the end of 2006, but despite its 135 co-sponsors in the House, Congress adjourned before the House could vote and the bill died. While support for the bill has not waned, powerful leadership has yet to be found to push the issue back into the mainstream political discourse.

Safety Concerns Over-Radiation

While over-radiation of anyone can cause burns and an increased risk of cancer, those concerns are amplified in children. Children's cells divide quickly, which makes them more vulnerable to the negative effects of radiation. Because radiation is being used in an increasing number of diagnostic and treatment procedures, children are being exposed to an increasing amount of radiation.

Other potential side effects of radiation exposure include:
- Nausea
- Fatigue
- Flaky skin
- Hair loss in the area of exposure
- Reddened and inflamed mucous membranes
- Dry, sticky mouth and cough
- Urinary and bowel irritation
- Low blood count

Experts believe the negative effects of radiation are cumulative, meaning that the more radiation one receives, the higher the risk of cancer. This reality is especially concerning for premature infants whose development is constantly monitored through radiological exams. At Downstate Medical Center, it was discovered that babies' entire, unshielded bodies were being imaged instead of "coning" (limiting) the radiation to the specific area of the body being examined. Only time will tell how these babies' bodies will be affected as a result.

The Case for Medical Malpractice and Other Lawsuits

As widespread concerns regarding over-radiation of infants, children and adults comes to light, more cancer patients will undoubtedly wonder whether their condition stems from excessive radiation exposure. Patients and their attorneys will increasingly need to analyze the images from any previous exams to determine the extent of their radiation exposure. Problematic results may be grounds for a medical malpractice lawsuit.

Hospitals may be legitimately blamed for not properly training and monitoring their radiological staff, especially if commonly known procedures and techniques are not, or were not, being properly employed. For example, Dr. Donald Frush, chief of pediatric radiology at Duke University School of Medicine, said that "coning" radiation "is something that technologists are quite aware of and has been emphasized for decades."

Additional ammunition for medical malpractice claims may stem from radiologists' violations of city and state health codes. For instance, radiological technologists at Downstate were not shielding young patients' gonads, organs which are especially sensitive to radiation, as required by code.

Finally, states themselves may be in the hot seat for failing to establish the kinds of educational minimums, certification standards and continuing education that the CARE bill seeks to impose. Christine Lung, vice president of government relations for the technologist association, said, "It's amazing to us, knowing the complexity of medical imaging, that there are states that require massage therapists and hairdressers to be licensed, but they have no standards in place for exposing patients to ionizing radiation."

For Further Reference

There is no way of calculating the full extent of reckless over-radiation in medical diagnoses and procedures. However, it is coming to light that because of lax state regulations and careless hospital management, a great number of people have been over-exposed. Over-exposure can lead to immediate effects such as burns, but can also serve as a catalyst for conditions such as cancer.

If you or a loved one may have been over-exposed to radiation during medical diagnosis or treatment, contact a knowledgeable medical malpractice attorney to discuss your situation and ensure that your rights are protected.

Article provided by Caravona & Czack, LLC.
Visit us at www.caravona-czack.com