medical malpractice

Can I Sue My Gastroenterologist For Medical Malpractice?

10 November

When most people think about “medical malpractice,” the first thing they imagine is a surgery that went horribly wrong, or a doctor failing to properly diagnose or treat his or her patient.

Eight in 10 Americans have been treated by a gastroenterologist at some point of their life. Gastroenterology is a branch of medicine that deals with disorders of the stomach and intestines.

Millions of Americans treated by gastroenterologists (often, negligently)

Millions of Americans are affected by illnesses to the digestive system, because the people in our nation make terrible choices when it comes to dieting. Unfortunately, not all trips to the gastroenterologist’s office go smooth.

“In many situations, a patient who wanted to get rid of his/her stomach issues, which is why he or she made an appointment with a gastroenterologist in the first place, is feeling even worse or develops another medical condition by the end of or in the course of the treatment,” says our Hawaii medical malpractice attorney at Kurzban, Kurzban, Tetzeli and Pratt, P.A.

Given that, in most situations, the effects of a gastroenterology-related treatment are not immediately apparent, many patients do not think even for a second that their medical condition or injury was caused as a result of their gastroenterologist’s fault or negligence.

Fact: There are approximately 12,000 active gastroenterologists in the U.S.

Gastroenterologists can be sued for medical malpractice, too

Gastroenterology is like any other branch of medicine, and you are entitled to compensation if your gastroenterologist has committed medical malpractice and caused or aggravated your injury. Under Hawaii law, gastroenterologists can be held liable under the legal theory of medical malpractice if they did not render care or treatment in accordance with the accepted standards of that medical practice.

“In other words,” our experienced medical malpractice attorney in Hawaii explains, “If you can prove that another reasonable gastroenterologist would have chosen alternative treatment, medication, or care in similar circumstances, which, in turn, would not have caused or aggravated your condition, then you may be able to sue your gastroenterologist for medical malpractice.”

How to prove a gastroenterologist’s medical malpractice?

In order to file a medical malpractice claim against a gastroenterologist in Hawaii, you must prove that the medical professional failed to adhere to the highest standards of care using the testimony of a medical expert who has knowledge and experience in the field.

If your gastroenterologist deviated from the standard of care at the time of the treatment or diagnosis, you may be able to sue him or her for medical malpractice. In addition to that, you must present evidence that you suffered harm as a result of the gastroenterologist’s negligent act or omission to act.

62 percent of gastroenterologists have been sued for medical malpractice

Contrary to the popular belief, it is not difficult to win a medical malpractice claim against a gastroenterologist, nor are such claims against gastroenterologists rare in the United States. Many people tend to think that because stomach issues take time to manifest themselves and the effects of gastroenterological treatments are not immediately apparent, it is not possible to prove the gastroenterologist’s fault.

In fact, statistics gathered by Medscape show that a staggering more than 62 percent of all gastroenterologists report having been sued for medical malpractice. Even more surprisingly, half of those who have been sued for malpractice have been sued more than once. “So yeah, medical malpractice lawsuits against gastroenterologists are quite common,” concludes our Hawaii medical malpractice attorney at Kurzban, Kurzban, Tetzeli and Pratt, P.A.

Negligence on the part of gastroenterologists can cause a variety of diseases, including but not limited to celiac disease, inflammatory bowel disease, heartburn, peptic ulcers, gallbladder disease, and others.

Do you believe that your gastroenterologist has committed medical malpractice? Speak to our lawyers to find out the legal options available in your particular case. Call our offices at 808-800-2445.

Contact jed kurzban

While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please contact us.

1003 Bishop Street, Suite 1600 Pauahi Tower Honolulu, Hawaii 96813 808-800-2445 305-444-3503

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