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Medicolegal issues

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Gastroenterologists have an ethical and legal obligation to provide the highest quality of care to their patients. Use of quality markers during the pre‐, intra‐, and post‐procedural period are important to optimizing patient outcome, minimizing patient dissatisfaction, and may be useful for avoiding malpractice litigation. There are limited data on malpractice trends in gastroenterology. In a 2018 JAMA study, gastroenterology ranked 18th among paid malpractice claims [16]. One physician insurance carrier, the Physician Insurers Association of America (PIAA), showed that gastroenterology ranked 21st among 28 medical subspecialties in terms of frequency sued and accounted for 2% of claims. Interestingly, in the majority of the suits (60%), the basis of claims involved cognitive decision‐making rather than therapeutic misadventures [17, 18]. In a separate ASGE survey, 42% of gastroenterologists that had been sued reported that informed consent was an issue [19]. Thus, medical malpractice actions can be brought on because of failure to obtain informed consent (regardless of outcome) as well as civil wrong or harm brought on by medical negligence.

Successful Training in Gastrointestinal Endoscopy

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