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Elements of malpractice

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In the setting of medical negligence or “civil wrong,” four basic legal elements must be proven in a malpractice suit [4, 10]:

1 The physician had a duty to the patient (patient–physician relationship).

2 The physician breached the duty by violating the standard of care.

3 The breach resulted in injury.

4 The injury is compensable.

The standard of care is often determined through expert testimony, published data, and accepted practice guidelines, with the most important of these being expert testimony. It is important to note that this standard of care is what is customary among the majority of competent gastroenterologists and not what a few noted experts in the field would do in specific circumstances [10].

The best defense against malpractice suits is good medical practice. Perform procedures that are within the accepted indications and avoid risky cases when possible. Use the process of informed consent to educate the patient on the inherent risks and limitations of the procedure, thus transferring some of the responsibility to a well‐informed patient. Employ good documentation of adverse events, decision‐making, and patient communication. In the setting of complications, be vigilant in communicating honestly with the patient and their family and provide timely and appropriate management.

Successful Training in Gastrointestinal Endoscopy

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