Document Type

Note

Publication Date

1967

Publication Information

43 Notre Dame Law. 39 (1967).

Abstract

In 1956, the National Academy of Sciences in a report on "The Biological Effects of Atomic Radiation" warned the public of the serious consequences that may flow from any type of radiation exposure. The report set forth the relationship between low-level exposure, that type of exposure which is present in the medical and dental use of X-rays, and long-range biological effects. Because of the possibility of such long-range effects, the Academy recommended that the medical authorities take prompt action to eliminate all unnecessary radiation in the use of X-rays.

Despite the strong language used by the Academy, and the lapse of eleven years, the problem of excessive radiation exposure to patients and personnel by medical and dental X-rays is still very much with us. This Note is an attempt to set forth clearly and precisely the hazards of any unnecessary radiation; the existence of such unnecessary radiation to an alarming extent in the medical and dental use of X-rays; the inadequacies inherent in our judicial system for compensating the victim of such unnecessary exposure; and the need for state legislative and administrative action to eliminate all unnecessary radiation exposure in the medical and dental field.

The significance of medical and dental use of X-rays is indicated by the fact that such use constitutes an estimated ninety-six percent of all man-made radiation to which the population is exposed. However, it has been the practice of national, state and city radiation control groups to concentrate their efforts on the hazards of radioactive fallout, nuclear reactors and radioisotopes. This Note seeks to correct that situation by proposing legislation and administrative regulations for the purpose of controlling the use of X-rays in the medical and dental field.

This Note is restricted solely to the dangers of the long-range biological effects of low-level radiation exposure and does not cover the acute and readily discernible radiation injuries of higher levels of dosage. Readily discernible radiation injuries, such as radiation burns, do not constitute a widespread problem in the medical and dental field, and when they do occur the judicial remedies are adequate to compensate the victim.

Comments

Reprinted with permission of Notre Dame Law Review (previously Notre Dame Lawyer).

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