Medical malpractice continues to be an occupational reality in gastroenterology. In fact, a landmark study by Jena et al. found that most gastroenterologists will face at least one lawsuit over the course of their careers. While many claims never result in financial penalties, the emotional toll, reputational risk, and time burden can be substantial.
In GI practice, litigation is most often triggered by missed or delayed diagnoses, endoscopic complications—particularly during ERCP—perforations, and breakdowns in communication. And in today’s fast-paced clinical environment, opportunities to build rapport with patients are becoming increasingly limited.
Workflows like open-access endoscopy and reliance on electronic medical records or advanced practice providers for pre-procedure assessments may streamline care—but they also reduce direct physician–patient interaction. That matters. Patients who perceive their physicians as rushed, dismissive, or disengaged are significantly more likely to pursue legal action when complications arise.
Conversely, clear communication, empathy, and transparency—especially before invasive procedures—remain among the most effective risk mitigation strategies. When adverse events do occur, honesty and compassion can go a long way toward preserving trust and potentially preventing litigation.
