The most frequent cause of medical malpractice allegations against gastroenterologists are diagnostic errors.
While there is no foolproof way to avoid allegations for any physician specialist, there are steps that practitioners can take to avoid facing the most common malpractice allegations, including failures and delays to diagnoses, complications from treatments and delayed treatments.
Benjamin Levy III, MD, a gastroenterologist at University of Chicago Medicine, spoke with Becker's about what gastroenterologists can do to avoid facing malpractice allegations, both pre- and post- procedure.
Dr. Benjamin Levy: It's important to discuss procedures in the clinic and again in pre-op very carefully with patients. For example, before colonoscopies — explain the preventative-medicine aspects, like the ability to remove polyps with snares and forceps before they turn into cancer. Discuss the ability to detect cancer. Also, explain the potential procedural risks thoroughly and obtain excellent consents. Use an interpreter when needed. Emphasize when to seek medical care and return to the emergency department if they experience concerning abdominal pain, rectal bleeding and other symptoms. It's helpful to slow down when explaining things to patients. Ask the patient and family members in the room several times if they have any questions.
Many ASCs and hospitals provide the phone number for the on-call gastroenterologist with the discharge instructions. Lots of endoscopy centers and hospitals follow-up with patients after procedures with a phone call the next day to check for any symptoms.
In clinic, very carefully listen to the patient's symptoms and history of present illness. Slow down and listen to everything that has been going on. Many gastroenterologists request that patients bring in previous medical records and endoscopy reports from outside facilities.
In clinic and after procedures, encourage patients to schedule follow-up clinic visits so that you can review pathology and imaging with the patient, make management changes and continue medical work-up when needed. Over the past few years, many hospitals and clinics have incorporated EHRs that give patients the ability to message doctors directly. This is important for facilitating communication between clinic visits.