Liability for isotopes used in radiotherapy

Medical isotopes can be considered a product for the purpose of the EC-product liability Directive, because the irradiation totally changes the characteristics of the bulk material the operator reveived. Such isotopes are built in a radiation therapy machine; the nuclear operator can therefor be considered the producer of a component part. As such , a medical isotope is not defective, but unavoidably unsafe. It can become defective if it is not accompanied by adequate warnings. A nuclear operator has several ways to espae lialibility (e.g. development risk, damage was caused by another component part). At this moment, the distance between the nuclear operator and the patient is big, but this can change when new techniques become operational. This will directly have an influence on the operator's liability.