My wife was recently exposed to high levels of X ray radiation in a clinic. Can she take legal action?

Trevor Smith: My wife was recently exposed to high levels of X ray radiation in a clinic. Can she take legal action?
My wife works in a clinic and is pregnant. During a health & safety inspection carried out a few weeks back, tests showed that the X ray machine was emitting high levels of radiation above what is required on every scan done on patients. Are we able to take legal action for negligence?
The X ray room also turned out not to be Lead protected.

Answers and Views:

Answer by Morgan Humphrey
Of course you can! because that could possibly hurt the baby. Which would help alot if you specified that in court. I say get a lawyer!!!

Answer by Say Bye
Generally only those that are getting x rayed can do anything. The others stand behind a lead shield that will be fine even at higher amounts.

Answer by Nitram
I’m surprised this wasn’t noticed with overexposed plates.

Yes you can, contact a lawyer, even my dentists have always hidden behind a lead window. You should also contact the compliance organization for wherever you are and get them involved. In the UK that would be the Health and Safety Exec

That was a somewhat rational response for Mr E and readable as well.

I’d agree with Marc usually, but this woman has been routinely (allegedly) exposed to x-rays which are totally unnecessary. There is a reason x-rays are controlled or we’d still be doing our feet at shoe fittings.

Answer by The Skybird
Seek legal advice immediately.

Answer by Mr E
so you’re saying the machine wasn’t properly calibrated? that should have shown up in the quality of the films taken. they may have compensated by reducing the factors in their exposures to get a good film. if the equipment was defective causing leakage and excessive scatter, it could be hard to prove they had any knowledge of this. often the state inspects x-ray equipment, and the blame might go to them. if they didn’t collimate their pictures, they might be liable, but where’s the proof of harm? there are no established levels at which harm is certain to result. some places only require lead lining just behind the film holder/bucky, and it is often built into the wall. they may have been told it was there by someone else, or assumed compliance since it had to be inspected when first set up. if your wife has an apparently healthy child, i doubt you would have a basis to prevail in a suit.

Answer by Marc
The question here is harm. How do you prove the harm? The effects of the radiation may not show up at all or take decades to manifest in the unborn child.

I think you and your wife will put yourselves through a lot of stress (something she doesnt need) for no reason. To my knowledge there has not been any studies to show that x-rays harm babies but due to the high cellular activity and the POTENTIAL risk to genetic material, it has become policy not to x-ray.