Multiple Ultrasounds performed on minor for kicks

[enragedmom]

My neighbor is a licensed radiologist at a breat clinic in my town. She asked to take my daughter, 8 years old, to her office as she said she had some work to catch up on and was taking her own daughter with her. I allowed my daughter to go. She returned several hours later with a film containing six differetn images of her internal belly from ultrasounds given her by my neighbor! The woman irradiated my daughter six times for no reason other than giggles without my knowledge or consent.
I am enraged! I refused to have an ultrasound when I was pregnant with this child. My neighbor knows I won't even allow a microwave oven in my home. I refuse to take mamagrams because I know the radiation causes more cancers than the test detects. She knows this.
What recourse do I have against this idiot? Can her corporation be sued for malpractice or something? Do you know of any presedence in this area?
Thank you. I am very upset and don't know where to go.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by enragedmom:
My neighbor is a licensed radiologist at a breat clinic in my town. She asked to take my daughter, 8 years old, to her office as she said she had some work to catch up on and was taking her own daughter with her. I allowed my daughter to go. She returned several hours later with a film containing six differetn images of her internal belly from ultrasounds given her by my neighbor! The woman irradiated my daughter six times for no reason other than giggles without my knowledge or consent.
I am enraged! I refused to have an ultrasound when I was pregnant with this child. My neighbor knows I won't even allow a microwave oven in my home. I refuse to take mamagrams because I know the radiation causes more cancers than the test detects. She knows this.
What recourse do I have against this idiot? Can her corporation be sued for malpractice or something? Do you know of any presedence in this area?
Thank you. I am very upset and don't know where to go.

<HR></BLOCKQUOTE>


My response:

Your question got me wondering, so I decided to read some Clinical Studies and Follow-ups from the 50's to the present time. It was quite a lesson, to say the least. However, the sum and substance of the studies are that Ultrasound is safe, and with the exception of a little bit of heat produced by the transducer, there are no ill-effects.

But, that doesn't get your neighbor off the hook.

Your daughter, through you as Guardian ad Litem, has a cause of action for "Assault and Battery" - the unlawful touching of another.

The other problem will be proving damages. What damages has your daughter suffered. Unless you can prove that, and with expert testimony, it is unlikely your daughter could win a "bunch of money" - - probably has, what we in the profession call, "nuisance value" of a few hundred dollars.

It may be good enough for Small Claims court.

Good luck.

IAAL


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[PamSJS]

Dear Enraged Mom;

Although you may not have a legal claim against this so called "idiot", you do have other options.

Contact your state medical licensing board and file a formal complaint against her. The incident will be investigated and she will probably be sanctioned or disciplined by the board.

If she did a medical procedure on your daughter without your knowledge and written consent, she has broken a very serious rule of the licensing board. And they take such things very seriously. I'd be willing to bet, she will think twice before she ever does something such as this again.

Best of luck to you and let us know what happens!