Nearly every physician, even in “low-risk” specialties, faces the possibility of a malpractice claim at some point in their career. In gastroenterology, Dr. Koushik Das notes that more than 10% of practitioners may face such claims, and on average, GI physicians spend over a decade of their careers with unresolved malpractice cases. Yet the subject remains rarely discussed in training or among peers.
The article examines:
- How malpractice is legally defined and why liability can be especially subjective in GI care.
- Data showing diagnostic errors — particularly around missed cancer diagnoses — as the most common trigger for claims.
- Why litigation often drags on for years and the personal toll it takes, including “second victim syndrome,” a well-documented emotional burden on physicians.
- Whether practicing “defensive medicine” really lowers malpractice risk — and the surprising evidence around physician spending and lawsuit likelihood.
- The anatomy of a lawsuit, from records requests to expert testimony, settlement negotiations, and trial.
Das emphasizes that while paid claims have decreased overall in the past two decades, the average indemnity payout is rising, and corporatization may be shielding individual doctors from being named.