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Gastroenterologists perform very specialized procedures. From colonoscopy complications like bleeding, punctures, hemorrhoids, IBS, and more to endoscopy liability protection from rare procedural complications, malpractice insurance can protect healthcare professionals. Missed cancer diagnoses due to procedural limitations and lesion visibility, risks of perforations in gastroenterology, and claims of over or improper sedation, gastroenterologists rely on malpractice insurance to keep their business afloat during unfair claims.
Many gastroenterology problems have matching symptoms like bloating, gas, diarrhea, and abdominal pain. As such, gastroenterologists can diagnose the wrong condition through no fault of their own. Conditions with similar symptoms include EPI, IBD, IBS, diverticulitis, and ischemic colitis. Bacterial infections, celiac disease, colon polyps, endocrine disorders, food allergies and sensitivities, GERD, gastroparesis, pancreatitis, parasitic infections, stomach and colorectal cancers, ulcers, and viral infections will display the same or similar symptoms. These conditions range from temporary to potentially life threatening, so a misdiagnosis can leave a patient feeling deceived and ready to sue.
Delayed diagnoses are another risk for gastroenterologists. The symptom overlaps discussed above can cause a gastroenterologist through human or machine error to give a false initial diagnosis, delaying treatment of the actual condition. Patients will sometimes wait until their conditions worsen to see a specialist, leading to other delays in treatment. If a GI condition is undiagnosed or misdiagnosed, through no fault of the gastroenterologist, patients may leave their provider feeling worse than when they came in. Their pain and anxiety can lead them to file malpractice suits.
Colonoscopy procedures carry a small risk of perforation. Symptoms from the perforation will send patients to the ER. The surprise bills from the emergency visit coupled with the pain from the perforation may lead patients to blame their gastroenterologists. Untreated perforations may lead to peritonitis or sepsis, which can be life threatening. Other conditions that may develop are internal bleeding with significant blood loss or permanent damage to the GI tract. Though the risk is small, this serious complication can bring down a talented gastroenterologist with claims of negligence.
Around a quarter of all polyps are missed during colonoscopy procedures. These missed polyps can grow into colorectal cancer. These polyps often display no symptoms, so they’re left alone to grow into harmful cancer cells. If these polyps are left to develop into cancer or other advanced diseases, it may lead to a malpractice suit. Colonoscopies are generally low risk, but it’s not a perfect procedure and polyps will be missed even with the best medical technology and the best gastroenterologists.
GI bleeding can occur in the upper tract affecting the esophagus or stomach, or the lower tract, affecting the intestines, colon, and rectum. Some GI bleeding can remain hidden and cause chronic fatigue or shortness of breath. Peptic ulcers, esophageal varices, Mallory-Weiss tears, and gastritis can cause bleeding in the upper tract while hemorrhoids, diverticulosis, anal fissures, colorectal polyps and cancer, and IBD can cause bleeding in the lower tract. Certain medicines can also increase the risk of GI bleeding. Missed diagnoses of these conditions or patients taking medicines without checking with their doctors could lead to malpractice suits for GI bleeding.
Sedation is considered low risk, but, like all procedures, complications can arise. Hypoventilation and apnea are the most common risks and can lead to oxygen desaturation. Sedation can also cause cardiovascular instability, such as hypotension, bradycardia, or tachycardia, or lead to bronchopulmonary aspiration. Post-procedure complications include nausea, vomiting, inadequate pain control, extended recovery, or urinary retention. While sedation is necessary for some procedures, these complications can lead to more visits and medical bills, and patients could feel trapped, leading them to file malpractice lawsuits.
Gastroenterologists can be very conscious with documentation, outlining all the risks and potential complications of their procedures. However, some patients may be overwhelmed by a long document or highly technical language, leading them to skim through or skip the informed consent document entirely. Informed consent assumes that patients have read the document thoroughly when they signed. As such, patients may feel like risks were not fully disclosed and blame their gastroenterologists for complications. Malpractice insurance can protect gastroenterologists against these claims.
Common medication errors include dosing inaccuracies or prescribing standard GI drugs that may have severe side effects for vulnerable patients. Patients may not disclose if they’re using OTC drugs, and some drugs will increase the risk of side effects from their prescriptions. Dosing errors can also occur from conversion of units, such as milligrams to milliliters. This may lead to GI problems such as nausea, vomiting, and abdominal pain or other complications like fainting, headaches, migraines, dehydration, acute pancreatitis, and gallstones. Patients starting a new medicine and experiencing complications or taking unexpected meds along with the new prescription may lay the blame on their most recent GI visit.
Follow-up failures can be caused by suboptimal bowel preparation or procedure complications. Delays in administration and communication can lead to scheduling delays, causing patients to miss crucial appointments. Gastroenterologists with an overwhelming number of patients may have limited availability for appointments. As such, patient treatments may be delayed, leading to complications. A patient may also misunderstand the diagnosis or treatment plan and fail to schedule a follow-up appointment, which can lead to complications. If health issues arise from an untreated GI issue, the healthcare provider could have a malpractice suit filed against them.
provides coverage for adverse events from medical procedures
protects against non-medical incidents like falls in the doctor’s office
covers security breaches, coding errors, and accidental loss of electronic items storing patient data
covers defense fees and settlements for lawsuits from employees
covers sensitive patient information from in-office visits to third party labs
provides an extended reporting period allowing physicians to report mail practice claims after the policy has ended
keeps the healthcare provider not liable for an injury if risks, benefits, and alternatives were fully disclosed
Medical Board Defense: covers legal and professional representation for gastroenterologists facing malpractice claims
protects your right to practice and covers legal fees
provides coverage for remote misdiagnosis, e-prescription errors, and failure to recommend in-person care
protects substitute physicians who take responsibility for patients under the main physician’s absence
Claims-made policies cover claims filed during the policy period. They provide a retroactive date to cover claims made on incidents that occurred after that date.
Occurrence policies cover all incidents that happen during a policy period regardless of when claims are made.
Some claims can take years to come to light, so claims-made policies are a more logical choice. If a patient develops colorectal cancer, for instance, years after their gastroenterologist missed polyps, the occurrence policy will not cover the claim as it was detected after the policy period. However, claims coverage will protect against claims made during the policy period even if the incident started years ago.
GI physicians deal with invasive procedures where misdiagnosis and delayed diagnosis can cause claims years in the future. Without tail coverage, all the legal fees these physicians face would be paid out-of-pocket. With tail coverage, these physicians are protected from claims from a former patient at a former practice after switching employers. Retired physicians are also protected from claims despite no longer being employed. Private practice physicians need tail coverage to protect against similar claims. Hospitals expect employees to maintain continuous coverage for clinical privileges. Skipping tail coverage can lead to gaps in coverage and cause issues in finding future employment.
✓ Colonoscopy volume
✓ ERCP procedures
✓ Hospital privileges
✓ Private Practice
✓ Group Practice
✓ Claims history
✓ Geographic location
✓ Experience
✓ Coverage limits
Missed colorectal cancer diagnosis
Missed polyps can lead to development of colorectal cancer.
Outcome
Patient discovers cancer diagnosis and claims malpractice again
How insurance responded
Covered the legal fees and protected the GI against unfair malp
Bowel perforation after colonoscopy
Standard colonoscopy procedure led to perforation of patient’s bowels. Patient filed malpractice lawsuit.
Settlement
Insurance showed that risk of perforation was fully disclosed and GI was not held responsible.
Medication interaction
Patient takes some unapproved painkillers that cause a complication. Patient makes claim that GI prescribed harmful drugs.
Claim resolution
Insurance covered legal fees while GI showed that patient took unprescribed medicine. The GI was not held liable.
APS has over 30 years of experience serving physicians. We’ve grown and adapted with the medical world to understand the needs and challenges of healthcare providers.
We take our carrier relationships seriously. APS is dedicated to maintaining relationships with the best carriers, so healthcare providers have a variety of options, helping them find the best fit.
Rather than locking you into one carrier, APS offers independent brokerage, so healthcare providers have agency in choosing their insurance.
Here at APS, we believe one-size-fits-all policies are outdated. Instead, we offer customized policies to meet your unique needs
Insurance can be difficult to navigate. APS has you covered with claims advocacy to guide you through the process and provide answers to all your questions.
At APS, a dedicated advisor guides you through the process of choosing a carrier, finding the right coverage, and making sure you’re fully protected.
APS offers renewal assistance to help you avoid gaps in coverage and make the process easier to navigate.
APS provides risk management guidance to help you find the right insurance fit for your practice.
A comparison table
Private practices take on most or all of the responsibility for insurance. APS ensures that private practice GI have the right coverage to protect against malpractice claims.
Hospitals cover some of the cost of insurance, but APS makes sure you get the right coverage for your employment and helps you avoid gaps in coverage when switching employers.
APS provides locum tenens coverage for temporary physicians that cover your scheduled absences.
APS covers academic physicians working in universities and associated healthcare providers.
APS is there to provide support for GI fellows as they train to become an MD.
APS covers ambulatory surgery center owners as they deal with same-day surgeries.
APS protects muti-location practices in all of their locations with comprehensive coverage.
APS provides support to GIs who use virtual technology to meet with and diagnosis patients when appropriate.
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