Our Lawyers
Endoscopy Negligence Medical Malpractice in Chicago
Endoscopy procedures are performed every day at hospitals and outpatient centers across Chicago, from Northwestern Memorial Hospital near Streeterville to Rush University Medical Center in the Illinois Medical District. These procedures are generally safe, but when a provider makes a preventable error, the consequences can be severe. Patients who trusted their doctor with a routine scope can find themselves dealing with a perforated organ, a missed cancer, a dangerous infection, or worse. If that happened to you or someone you love, you may have a valid medical malpractice claim under Illinois law. The attorneys at Briskman Briskman & Greenberg, a Chicago personal injury lawyer firm, are ready to review what happened and help you understand your options.
Table of Contents
- What Endoscopy Negligence Looks Like in Practice
- The Real Harm: How Endoscopy Errors Injure Patients
- Proving an Endoscopy Malpractice Claim Under Illinois Law
- Illinois Filing Deadlines You Cannot Afford to Ignore
- What Compensation May Be Available in an Endoscopy Malpractice Case
- Why Briskman Briskman & Greenberg Handles These Cases
- FAQs About Endoscopy Negligence Medical Malpractice in Chicago
What Endoscopy Negligence Looks Like in Practice
Endoscopy negligence happens when a medical provider fails to meet the standard of care during the planning, performance, or follow-up of an endoscopic procedure. An endoscopy is a procedure where a thin, flexible tube with a camera is inserted into the body to examine the digestive tract. This includes upper endoscopies (esophagogastroduodenoscopy, or EGD), colonoscopies, flexible sigmoidoscopies, and a more complex procedure called endoscopic retrograde cholangiopancreatography (ERCP), which is used to examine and treat problems in the bile ducts and pancreatic duct.
Each of these procedures carries its own risk profile. Relative malpractice risks differ by procedure type, with colonoscopy carrying the highest relative risk among common endoscopic procedures. That does not mean every complication is malpractice. But when an injury results from a provider’s failure to use proper technique, recognize a warning sign, or respond appropriately, it may be.
Common forms of endoscopy negligence include perforating the bowel or esophagus through improper technique, failing to recognize and treat a perforation after it occurs, using contaminated equipment, administering the wrong sedation or failing to monitor the patient during sedation, and missing a cancer or polyp that a careful provider should have caught. “Improper performance” is alleged in the majority of endoscopy malpractice claims, with diagnosis errors making up a significant portion of the rest.
Sedation failures deserve special attention. Many endoscopic procedures are performed under moderate or deep sedation. Failures to monitor oxygen saturation, airway status, or hemodynamic stability can lead to hypoxic brain injury or death. A patient who goes in for a routine colonoscopy and suffers a brain injury because no one was watching their oxygen levels has been the victim of a preventable tragedy.
Patients who received an ERCP and suffered complications should know that this procedure carries a higher complication rate than routine colonoscopy. ERCP is a high-complexity procedure used to diagnose and treat problems in the bile ducts and pancreatic duct, and it carries a substantially higher complication rate, with post-ERCP pancreatitis, bile duct perforation, and sphincter of Oddi injuries all representing recognized risks. When those complications result from poor technique or inadequate patient selection, a malpractice claim may be appropriate.
The Real Harm: How Endoscopy Errors Injure Patients
The injuries that follow endoscopy negligence are not minor inconveniences. They range from infections and extended hospitalizations to permanent disability and death. Understanding the full scope of harm is important when evaluating a potential claim, because the damages you can recover must reflect the actual impact on your life.
Among patients involved in endoscopy malpractice claims, twenty-two percent required hospitalization from their injury, and another nineteen percent died because of their injury. These are not rare outliers. They represent real patients who went in for diagnostic or treatment procedures and did not come home, or came home permanently changed.
Ten percent of claimants in endoscopy malpractice cases developed sepsis. Sepsis is a life-threatening response to infection that can cause organ failure and death. When a bowel perforation goes unrecognized, or contaminated equipment introduces bacteria into a sterile area, sepsis can follow quickly. The connection between endoscopy negligence and sepsis is direct and well-documented.
Of claims alleging a diagnostic error in endoscopy cases, the majority pertained to missed malignancies, with most of those being colorectal cancers. A missed colon cancer during a colonoscopy is one of the most common and most devastating forms of endoscopy negligence. If a cancer was present, visible, and missed, the patient may have lost their chance for early-stage treatment. By the time the cancer is found, it may have spread to other organs.
Almost half of endoscopy malpractice claims involved the need for an additional procedure or surgery as a consequence of the original injury. That means additional anesthesia, additional recovery time, additional medical bills, and additional risk. Every one of those downstream consequences is a recoverable damage in an Illinois medical malpractice case.
Proving an Endoscopy Malpractice Claim Under Illinois Law
Illinois medical malpractice claims are governed by the Healing Art Malpractice framework under 735 ILCS 5/2-622. This statute requires that before a malpractice complaint is filed, the plaintiff’s attorney must attach an affidavit stating that a qualified health professional has reviewed the case and determined there is a reasonable and meritorious basis for the claim. That reviewing professional must be knowledgeable in the relevant area of medicine, must have practiced or taught in that area within the last six years, and must provide a written report supporting the claim.
This requirement exists to screen out claims that lack a legitimate medical basis. For patients, it means your attorney needs to work with a qualified gastroenterologist or endoscopist who can review your records and confirm that the provider’s conduct fell below the accepted standard of care. This is not a barrier to justice. It is a process that, when handled correctly, strengthens your case.
To succeed in an Illinois endoscopy malpractice claim, you must prove four things. First, the provider owed you a duty of care. Second, the provider breached that duty by failing to meet the standard of a reasonably skilled practitioner. Third, that breach caused your injury. Fourth, you suffered actual damages as a result. Each element requires evidence, and the standard of care element almost always requires expert testimony.
When multiple providers are involved, such as the endoscopist, the anesthesiologist, and the facility, Illinois law under 735 ILCS 5/2-1117 addresses how fault is allocated. Under this statute, all defendants found liable are jointly and severally liable for past and future medical expenses. Any defendant found to be at least twenty-five percent at fault is jointly and severally liable for all other damages as well. This matters because it affects your ability to collect the full amount of any judgment.
An experienced medical malpractice attorney will gather your complete medical records, work with qualified expert witnesses, and build a case that connects the provider’s specific failure to your specific injury. That connection, called causation, is often the most contested part of an endoscopy malpractice case.
Illinois Filing Deadlines You Cannot Afford to Ignore
Time limits in Illinois medical malpractice cases are strict, and missing them ends your case permanently. Illinois medical malpractice claims are governed by 735 ILCS 5/13-212, which sets both a statute of limitations and a statute of repose.
Under 735 ILCS 5/13-212(a), an Illinois medical malpractice action must generally be brought within two years after the claimant knew, or through reasonable diligence should have known, of the injury or death. In most cases, the deadline is two years from when the patient knew or reasonably should have known of the injury and its connection to medical care, but there is a four-year outside limit from the act or omission.
The four-year outer limit is called the statute of repose. Illinois imposes an absolute deadline: no medical malpractice action can be brought more than four years after the date on which the alleged act or omission occurred. After four years from the date of the malpractice, claims are barred regardless of when the injury was discovered. This means that even if you did not realize your endoscopy was negligently performed until three years later, you may still have only one year left to file.
The discovery rule is important here. The Illinois Supreme Court in Moon v. Rhode (2016 IL 119572) confirmed that discovery requires dual knowledge. Awareness of an adverse medical outcome alone is insufficient; the limitations period begins only when the plaintiff has reason to connect the injury to negligent medical care. So if your doctor told you a complication was just an unfortunate risk, and you later learned it was actually caused by negligence, the clock may not have started running until you made that connection.
If a loved one died as a result of endoscopy negligence, a wrongful death claim is available under the Illinois Wrongful Death Act, 740 ILCS 180/1. This Act allows the deceased person’s estate to recover damages that would have been available had the person survived. Wrongful death claims in medical malpractice cases are generally subject to a two-year statute of limitations measured from the date of death, with the four-year repose period also applying.
Do not wait to find out whether you still have time. Contact Briskman Briskman & Greenberg at (312) 222-0010 for a free consultation. The sooner you act, the better your chances of preserving critical evidence.
What Compensation May Be Available in an Endoscopy Malpractice Case
Illinois law allows endoscopy malpractice victims to seek compensation for both economic and non-economic damages. Economic damages are the measurable financial losses caused by the negligence. Non-economic damages cover the human cost, the pain, suffering, emotional distress, and loss of normal life that no dollar amount can fully capture.
Economic damages in an endoscopy malpractice case can include emergency surgery costs, extended hospitalization, follow-up procedures, long-term care, lost wages during recovery, and lost future earning capacity if the injury caused permanent disability. If the negligence caused you to miss a cancer diagnosis, your economic damages may include the full cost of treating a more advanced cancer, including chemotherapy and radiation, that you would not have needed with an earlier diagnosis.
Non-economic damages cover the physical pain of recovering from a bowel perforation, the emotional toll of learning you have advanced colon cancer that was missed during a prior scope, and the impact on your relationships and daily life. Illinois does not currently cap non-economic damages in medical malpractice cases following the Illinois Supreme Court’s ruling striking down prior cap legislation.
Attorney fees in Illinois medical malpractice cases are governed by 735 ILCS 5/2-1114, which caps contingency fees at 33 and one-third percent of all sums recovered. This means your attorney’s fee comes from any recovery, not from your own pocket upfront. You should ask your attorney to clearly explain all fee arrangements and any costs or expenses you may be responsible for, so you fully understand the financial terms before moving forward.
When a patient dies from endoscopy negligence, the Illinois Wrongful Death Act, 740 ILCS 180/1, allows surviving family members to pursue compensation for the loss of the person’s society, companionship, and financial support. These claims are handled alongside any survival action brought on behalf of the estate. A qualified medical malpractice attorney can help a grieving family understand which claims apply and what damages may be available.
Why Briskman Briskman & Greenberg Handles These Cases
Briskman Briskman & Greenberg is a Chicago personal injury and medical malpractice law firm located at 205 W Randolph St., Suite 925, Chicago, IL 60606, steps from the Daley Center and the Cook County Circuit Court where many of these cases are filed. The firm has represented injured Chicagoans across a wide range of serious injury matters, including medical malpractice cases involving surgical errors, missed diagnoses, and procedural negligence.
Endoscopy malpractice cases require a specific kind of preparation. Your attorney needs to understand the anatomy involved, the standard protocols for performing colonoscopies and ERCPs, how to read endoscopy reports, and what a qualified gastroenterologist would have done differently. The firm works with medical experts who can review your records and testify on your behalf about where the standard of care was breached.
These cases also require careful management of the 735 ILCS 5/2-622 affidavit process. Filing a complaint without the required health professional affidavit can result in dismissal. The firm handles this process from the start, making sure the filing is complete and defensible from day one.
Clients across Chicago and the surrounding area, from Wicker Park to Hyde Park to the North Shore, have trusted Briskman Briskman & Greenberg with their most serious injury claims. Whether your endoscopy was performed at a major academic medical center or a smaller outpatient facility, the firm can investigate what happened and advise you on your legal options. As a medical malpractice lawyer resource for Illinois patients, the firm takes these cases seriously and pursues them with the full attention they deserve.
Call (312) 222-0010 today to speak with someone at Briskman Briskman & Greenberg about your endoscopy malpractice case. The consultation is free, and there is no fee unless you recover compensation.
FAQs About Endoscopy Negligence Medical Malpractice in Chicago
How do I know if my endoscopy complication was malpractice or just a known risk?
Not every complication after an endoscopy is malpractice. Some risks, like minor bleeding or temporary soreness, are known side effects that a provider warns you about before the procedure. Malpractice occurs when a provider fails to meet the standard of care expected of a reasonably skilled practitioner in the same field. For example, if a perforation happened because the endoscopist used improper technique, or if a perforation was not recognized and treated in a timely way, that may be negligence. The best way to find out is to have your medical records reviewed by a qualified attorney working with a medical expert who can evaluate what happened against the accepted standard of care.
Can I sue if my doctor missed a cancer during my colonoscopy in Chicago?
Yes, a missed cancer during a colonoscopy can form the basis of a medical malpractice claim in Illinois. If a polyp or tumor was visible and should have been identified and removed or biopsied by a careful provider, the failure to do so may be negligence. The key question is whether the cancer was detectable at the time of the procedure and whether a competent endoscopist would have caught it. If the missed diagnosis allowed the cancer to progress to a more advanced stage, your damages may include the full cost of treating that advanced cancer, as well as compensation for pain, suffering, and reduced life expectancy.
Who can be held responsible for endoscopy negligence, just the doctor or also the hospital?
Multiple parties can be liable depending on the facts of your case. The performing endoscopist is the most obvious potential defendant, but the anesthesiologist who managed your sedation, the nurses who monitored your vital signs, and the facility itself may also bear responsibility. Hospitals and outpatient endoscopy centers can be held liable for negligent credentialing, inadequate equipment sterilization protocols, or failures in post-procedure monitoring. Under 735 ILCS 5/2-1117, when multiple defendants are found liable, those with twenty-five percent or more of the fault are jointly and severally liable for all damages, which can affect your ability to collect a full judgment.
What if I signed an informed consent form before my endoscopy? Does that prevent me from suing?
Signing an informed consent form does not waive your right to sue for malpractice. Informed consent means the provider disclosed the known risks of the procedure so you could make an informed decision. It does not give the provider permission to be negligent. If your injury resulted from a failure to use proper technique, a failure to monitor you appropriately, or a failure to respond to a complication in a timely way, the consent form does not protect the provider from liability. Consent forms cover inherent risks of a procedure performed correctly, not errors caused by substandard care.
How long does an endoscopy malpractice case take in Illinois?
Most Illinois medical malpractice cases take between one and three years from the time a complaint is filed to resolution, whether through settlement or trial. The timeline depends on the complexity of the medical issues, the number of defendants, how aggressively the defense contests liability, and court scheduling in Cook County. Cases that involve clear liability and well-documented damages sometimes settle earlier. Cases that go to trial in the Circuit Court of Cook County, located near the heart of the Loop, can take longer. Starting the process early gives your attorney more time to build a strong case and preserves evidence that might otherwise be lost.
More Resources About Gastroenterology Malpractice in Chicago
SEEN ON:
