Gadolinium Lawsuit Attorneys

Gadolinium – How a Negligence Standard is Applied to Your Case

When news started to make national headlines regarding gadolinium and the injuries to which it’s been linked, people across the country began to look into the possibility that they could be in harm’s way if they had recently gone through an MRI or an MRA. However, the only people truly at risk were those with preexisting kidney problems, as those with a healthy renal system were able to expel gadolinium-based contrasting agents the same as they would any other substance that the body doesn’t need.

That still left a significant medical and legal issue on the laps of those with kidney problems who had gadolinium injected into their systems, and those people needed to, and still need to, gain an understanding of how the standards imposed by the relevant laws would apply to any claim they made regarding the injuries they suffered by way of gadolinium.

Below is an explanation of how that standard works in real-world litigation, and if you have suffered as a result of having gadolinium injected into your system, contact a gadolinium lawyer immediately to schedule a free initial consultation.

The Negligence Standard Applied

Under ‘normal’ negligence standards, a defendant could be found liable for damages caused by his or her actions or failure to act if those actions did not meet the ‘reasonable person’ standard. However, the standard is heightened for defendants when a case is medical in nature. Basically, an old legal doctrine exists that places a higher standard of reasonability on ‘professionals.’ Professionals include anyone who works in a field that requires a specialized and rigorous amount of training, including such occupations as attorneys, accountants and doctors and medical personnel.

When you are preparing for an MRI or an MRA, you will be working with doctors and general medical personnel. As a result, these professionals are expected to meet the ‘professional’ reasonability standard, which means that they must act towards you in a way that other medical personnel or doctors would act.

Specifically, prior to an MRI or MRA, these professionals must perform required due diligence to make sure that you are not unreasonably exposed to danger. When it comes to gadolinium, these professionals must take steps to ensure that you do not have any kidney problems that would expose you to risk. While it’s very advisable for you to do so, the law does not necessarily require you to understand the gadolinium issue and to ask about it before your MRI or MRA.

If you have been injured as a result of gadolinium, you do have rights. Contact a gadolinium lawyer at Williams Kherkher immediately to schedule a free initial consultation.