St. Luke's Surgery Center could've done more to reduce a urologist's exposure to X-rays, but isn't responsible for injuries the doctor claims resulted from working with high levels of radiation, according to a Louisiana district court.
Between 2007 and 2010, Ralph Vincent Kidd III, MD, a urologist with more than 30 years of experience, performed most of his fluoroscopic procedures at Hammond, La.-based St. Luke's. In a lawsuit he later filed against the center, Dr. Kidd alleged that he was exposed to detrimental levels of radiation during that time, which injured his eyes and hands. He also claimed the facility failed to deliver on its promise to purchase a new C-arm to replace the one that had been in use at the surgery center since 1996.
According to court records, Dr. Kidd wore a radiation apron shield and a thyroid shield while performing procedures at St. Luke's, as well as a radiation detection badge on his shoulder and collarbone area, which provided readings on his radiation exposure. Dr. Kidd's exposure level was recorded as "high" during 2009, but never exceeded acceptable federal or state limits, court documents indicate.
The court did determine that "St. Luke's could have developed, documented and implemented a better radiation protection program" to further reduce Dr. Kidd's exposure. For example, the court noted that Dr. Kidd could have been provided with a ring badge to better monitor radiation levels on his hands while he performed cystoscopy procedures, which required him to place his hands and eyes near the radiation source. Because Dr. Kidd was not given a ring badge, the device on his shoulder area "did not provide accurate readings for radiation levels at [Dr. Kidd's] hands and eyes; levels which would be higher because of the closer proximity to the radiation source."
Still, the court found no connection between his exposure to radiation at St. Luke's and the injuries he claims to have sustained, which include cataracts, excessive tearing in his eyes, discomfort in his fingers and a lesion on his left hand.
"Lawsuits by plaintiffs alleging injury due to exposure to radiation are nothing new," says Joseph A. Woodruff, the surgery center's Nashville, Tenn.-based attorney. "In this instance, the court found that Dr. Kidd's dose exposure never reached, much less exceeded, regulatory levels. The court didn't go for the argument that his exposure level could have been lower than it was, and expressly found there was no breach of the standard of care."
Attorneys for Dr. Kidd did not respond to requests for comment.
Mark McGraw
