Original ArticleAnalysis of 59 ERCP lawsuits; mainly about indications
Section snippets
Patients and methods
This paper reviews my personal experience over the last 10 years as an expert witness in 59 cases that involved ERCP where malpractice was alleged. All of these cases started with a call from a lawyer who represented a plaintiff or a defendant. My analysis includes only those cases that reached the stage of reviewing detailed medical records. Not all resulted in an official lawsuit or a claim. Documents on each case were reviewed to look for the types of patients, the spectrum of complications,
Results
The 59 cases came from 23 states, most from the southern United States. Only 3 of the procedures had been performed at academic centers; the remainder had been in community practice. Women patients predominated (48 women/11 men).
Discussion
There are only a few reports about lawsuits involving endoscopy.4, 5, 6, 7 The most common allegations against endoscopists in general are reported to be failure to diagnose (usually at colonoscopy) and perforations of the esophagus or the colon. It is not possible to ascertain the total volume of ERCP-related lawsuits in the United States, and we do not know whether they are increasing or whether this personal series is representative. The predominance of cases with poor indications (and some
Acknowledgments
I am pleased to acknowledge helpful criticisms of this manuscript, in development, by Drs. Nicholas Nickl and Alvin Zfass, and lawyers Lisa Kindy and James W. Saxton.
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See CME section; p. 464.