Gadolinium Injuries – Determining a Cause of Action
Gadolinium, a potentially toxic element in MRI contrast agents, is known to cause severe health problems in some patients. While most patients with functioning kidneys can easily filter the element out of their bodies, others with kidney problems are at risk of suffering ill effects from gadolinium exposure.
When gadolinium cannot be properly flushed from the body by the kidneys, it can lead to Nephrogenic Systemic Fibrosis (NSF), a serious disease that causes the skin and internal organs to harden. This condition is currently untreatable and may lead to restricted movement, organ failure, and even death.
Gathering the Facts
In gadolinium injury cases and other personal injury cases, the amount and quality of evidence often determine whether the plaintiff has grounds to initiate a lawsuit. A side effect attorney can help an injured individual determine if she or he has enough evidence to initiate a claim. If there are enough facts to support the plaintiff's claim, then the plaintiff has a cause of action.
Once it is determined that the individual has a cause of action, the plaintiff must gather the facts of the case, such as medical records, medical imagery, physician testimony, expert witness testimony, and more. These facts will be used to prove certain points in the negligence case to argue for appropriate compensation.
Elements of a Negligence Claim
In a lawsuit for negligence, there are four elements that the plaintiff must prove in order for the court to rule in the plaintiff's favor. These four elements are:
- Duty: The defendant had a responsibility to the plaintiff
- Breach of duty: The defendant failed to uphold his / her responsibility
- Proximate cause: The defendant's breach of duty caused an injury to the plaintiff
- Damages: The value of the harm done to the plaintiff
All four elements of a negligence claim must be proven to uphold the plaintiff's cause of action in a civil lawsuit. If you have suffered from an illness or developed NSF after being given a gadolinium contrast agent, consider contacting a side effect lawyer immediately to review your case. You may have sufficient evidence for a cause of action and may be entitled to compensation for your injuries and damages.
Contact Us
To learn more about the dangers of gadolinium contrast agents and how to determine a cause of action, please contact the Gadolinium lawsuit attorneys at Williams Kherkher today at 800-761-3187.