OVARIAN DAMAGE BY X-RADIATION FOR ARTHRITIS DEFORMANS OF THE PELVIS--NO ADDITIONAL RESPONSIBILITY TO INFORM THE PREVIOUSLY INFORMED PATIENT

Journal Article · Fri Aug 30 04:00:00 EDT 1963 · Deut. Med. Wochschr.

OSTI ID:4105468

Schmelcher, R

The following facts were presented to the court. The plaintiff, born in 1915, had received deep x radiation during a period from 1951 to 1952 for deforming arthritis of the pelvis, administered by the defendant, a radiologist at a municipal hospital. Following the irradiation the menstrual periods of the plaintiff ceased. The arthritis worsened after a brief period of improvement. Plaintiff claimed that the radiation produced termination of ovarian function, produced castration, and may have exacerbated the arthritis. Plaintiff claimed damages for physical and personal injury. The court awarded damages. Both plaintiff and defendant appealed, and the former was awarded payment by the defendant, but this award was suspended by the appeals court after the defendant had made partial payment. The appeal court maintained that the plaintiff should have been informed of the danger of possible damage to ovarian function. However, it was not the responsibility of the defendant to inform the plaintiff of this danger before consent to treatment was given, provided that this information was otherwise available to the patient. Expert testimony indicated that x radiation may not have improved, and also may not have worsened the arthritis. (BBB)

• Research Organization: Bundesgerichtshof, Karlsruhe, Ger.
• NSA Number: NSA-18-011911
• OSTI ID: 4105468
• Journal Information: Deut. Med. Wochschr., Journal Name: Deut. Med. Wochschr. Vol. Vol: 88
• Country of Publication: Country unknown/Code not available
• Language: German

Related Subjects

ACTIVATION ANALYSIS
BIOLOGY AND MEDICINE
DECAY
GAMMA DETECTION
GAMMA RADIATION
HALF-LIFE
NEUTRON BEAMS
NUCLEAR REACTIONS
RADIOISOTOPES