Gastroenterology Medical Malpractice in Chicago

Gastroenterology medical malpractice happens when a doctor, hospital, or other healthcare provider fails to meet the accepted standard of care in diagnosing or treating conditions of the digestive system. That includes the stomach, intestines, colon, liver, pancreas, and esophagus. When those failures cause serious harm, patients in Chicago and across Illinois have the right to pursue a legal claim. At Briskman Briskman & Greenberg, we represent people who have been hurt by gastroenterology errors, and we want you to understand your rights.

Table of Contents

• What Gastroenterology Medical Malpractice Actually Looks Like
• Common Gastroenterology Procedures That Lead to Malpractice Claims
• How Illinois Law Governs Gastroenterology Malpractice Claims
• What You Must Prove to Win a Gastroenterology Malpractice Case in Illinois
• Why Gastroenterology Malpractice Cases Are Hard to Detect Early
• What Briskman Briskman & Greenberg Can Do for You
• FAQs About Gastroenterology Medical Malpractice in Chicago

What Gastroenterology Medical Malpractice Actually Looks Like

Gastroenterology covers a wide range of conditions and procedures, which means there are many ways a doctor can fall short of the accepted standard of care. A gastroenterologist who misses warning signs, performs a procedure incorrectly, or fails to follow up on abnormal test results can cause serious, lasting harm to a patient.

Malpractice actions arising from gastrointestinal endoscopic care most frequently allege improper performance of the procedure and errors in diagnosis. That means patients are most often harmed either during a procedure or because a condition was not correctly identified.

Failure to diagnose existing pathology, especially malignancy, accounts for 61% of errors in diagnosis, of which 69% pertained to colonic malignancies. In plain terms, missed colon cancer is the single most common diagnostic failure in gastroenterology malpractice cases.

Other common errors include failing to take a biopsy when one was clearly needed, failing to recognize gastrointestinal bleeding, and errors during procedures like colonoscopies, endoscopies, and ERCP (endoscopic retrograde cholangiopancreatography). Failure to take biopsies when necessary and failure to follow up on biopsy results can result in malpractice claims, and defective equipment or failure to achieve adequate sedation can lead to serious complications.

Patients who undergo these procedures at hospitals and outpatient surgical centers throughout the Chicago area, from facilities near Michigan Avenue to those in neighborhoods like Wicker Park or Pilsen, deserve to have their care handled with skill and attention. When that does not happen, the consequences can be devastating.

A Chicago personal injury lawyer at Briskman Briskman & Greenberg can review your records and help you understand whether what happened to you meets the legal definition of malpractice.

Common Gastroenterology Procedures That Lead to Malpractice Claims

Several specific procedures carry a higher risk of malpractice claims in gastroenterology. Understanding which procedures are involved helps patients recognize when something may have gone wrong during their own care.

Colonoscopies are among the most frequently performed procedures in gastroenterology. Potential injuries from colonoscopy errors include hemorrhaging following polyp removal, aggravation of underlying bowel disorders, and more severe injuries such as bowel perforation, sepsis, and splenic tear or rupture. These are not minor complications. A bowel perforation, for example, can require emergency surgery and can be fatal if not recognized and treated quickly.

Splenic injury due to a colonoscopy is rare and may go undiagnosed, but a delay in diagnosis can be fatal. This is a situation where the failure to recognize a complication, not just the initial procedure error, becomes the basis for a malpractice claim.

ERCP procedures also carry significant risk. In ERCP-related claims, half of the cases involved pancreatitis, 16 suffered perforation after sphincterotomy, and 10 had severe biliary infection, with 15 patients dying. The most common allegation was that the ERCP, or the therapeutic procedure, was not indicated. Performing a risky procedure when it was not medically necessary is itself a form of negligence.

Upper endoscopies, also called EGDs (esophagogastroduodenoscopies), can result in esophageal perforations and other serious injuries when performed improperly. The relative malpractice claim risk of sigmoidoscopy, esophagogastroduodenoscopy, ERCP, and colonoscopy are similar.

If you or a family member suffered a serious injury during or after one of these procedures, speaking with a medical malpractice attorney is an important first step.

How Illinois Law Governs Gastroenterology Malpractice Claims

Illinois law sets out specific rules that apply to every medical malpractice case, including those involving gastroenterology errors. Knowing these rules is critical before you take any legal action.

The filing deadline is governed by the Illinois Code of Civil Procedure under 735 ILCS 5/13-212. Under 735 ILCS 5/13-212(a), an Illinois medical malpractice action generally must be brought within two years after the claimant knew, or through reasonable diligence should have known, of the injury or death for which damages are sought. In most cases, there is also a four-year outside limit from the act or omission. That four-year deadline is called the statute of repose, and it applies even if you did not discover the harm right away.

Before filing a lawsuit, Illinois also requires plaintiffs to comply with the Healing Art Malpractice statute under 735 ILCS 5/2-622. This law requires that an affidavit be filed along with the complaint, stating that a qualified health professional has reviewed the case and determined there is a reasonable and meritorious basis for the claim. The reviewing professional must practice or have practiced in the same area of medicine at issue within the last six years. This requirement exists to filter out claims that lack a legitimate medical basis, and failing to comply with it can result in dismissal of your case.

Illinois law under 735 ILCS 5/2-1115 does not allow punitive damages in medical malpractice cases. You can, however, recover economic damages like medical bills and lost wages, as well as non-economic damages for pain and suffering. Under 735 ILCS 5/2-1114, attorney fees in medical malpractice cases are capped at 33 1/3% of all sums recovered.

When multiple defendants are at fault, 735 ILCS 5/2-1117 governs how liability is shared. Any defendant found to be 25% or more at fault is jointly and severally liable for all damages. A defendant found less than 25% at fault is only severally liable for damages beyond past and future medical expenses.

These rules apply whether your case involves a gastroenterologist at Northwestern Memorial Hospital, a surgical center on the North Side, or a clinic anywhere else in Cook County. A medical malpractice lawyer can help you understand how these statutes apply to your specific situation.

What You Must Prove to Win a Gastroenterology Malpractice Case in Illinois

Winning a medical malpractice case requires more than showing that a bad outcome occurred. Illinois law requires you to prove four specific elements, and each one must be supported by evidence.

First, you must show that a doctor-patient relationship existed. This is rarely disputed in gastroenterology cases, since there is almost always a clear record of treatment.

Second, you must prove that the gastroenterologist breached the standard of care. The standard of care is the level of skill and attention that a reasonably competent gastroenterologist would provide under the same circumstances. For example, if a patient presents with rectal bleeding and a gastroenterologist fails to order a colonoscopy, that failure may fall below the standard of care. The same applies when a doctor performs a colonoscopy and fails to recognize a perforation before discharging the patient.

Third, you must prove causation. This means showing that the breach of the standard of care directly caused your injury. This is often the hardest element to prove, and it almost always requires expert testimony from another gastroenterologist or relevant specialist.

Fourth, you must prove damages. These include your medical bills, lost income, and the physical pain and emotional suffering you experienced as a result of the negligence. If a loved one died because of a gastroenterology error, the Illinois Wrongful Death Act under 740 ILCS 180/1 allows the surviving family to bring a claim for those losses.

Building this kind of case takes careful review of medical records, imaging, pathology reports, and procedure notes. A medical malpractice attorney who handles these cases can help gather and analyze that evidence on your behalf.

Why Gastroenterology Malpractice Cases Are Hard to Detect Early

One of the most difficult aspects of gastroenterology malpractice is that patients often do not realize something went wrong right away. A missed diagnosis of colon cancer, for instance, may not become apparent until months or even years later, when the cancer has advanced to a more serious stage.

Of claims alleging iatrogenic injury, 95% involve perforation or similar direct injury to the gastrointestinal tract, especially if there is delayed recognition and treatment of an adverse event. The delay in recognizing the complication is often just as harmful as the initial error itself.

Consider a patient who undergoes a routine colonoscopy at an outpatient center near the Loop and is sent home the same day. If a small perforation occurred during the procedure, the patient may not feel serious symptoms for 24 to 48 hours. By the time they seek emergency care, they may be facing sepsis, a life-threatening infection. The failure to recognize and treat that perforation promptly is the kind of error that gives rise to a malpractice claim.

The same pattern appears in cases involving missed diagnoses. A gastroenterologist who performs an endoscopy but fails to take a biopsy of a suspicious lesion may not face scrutiny until the patient is later diagnosed with stomach or esophageal cancer at an advanced stage. Failure to obtain an adequate history, insufficient awareness of disorders of the small intestine, and failure to perform key investigations are major factors in diagnostic malpractice claims.

Because these cases often involve a gap between the error and the discovery of harm, the discovery rule built into 735 ILCS 5/13-212 can be critical. 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.

If you are unsure whether the timeline on your case has expired, do not assume it has. Contact a medical malpractice lawyer to get a clear answer before the deadline closes your options entirely.

What Briskman Briskman & Greenberg Can Do for You

Briskman Briskman & Greenberg is a Chicago personal injury law firm that represents patients and families who have been harmed by medical negligence. Our firm handles gastroenterology malpractice cases involving colonoscopy errors, missed diagnoses, procedural injuries, and failures to follow up on abnormal findings.

We understand that a medical injury can disrupt every part of your life. You may be facing additional surgeries, extended recovery time, or a cancer diagnosis that could have been caught earlier. Our team takes these cases seriously and works to build the strongest possible claim on your behalf.

Illinois law requires that a qualified health professional review your case and confirm its merit before a complaint can be filed under 735 ILCS 5/2-622. We handle that process as part of our case preparation. We also work with medical experts who can explain to a judge or jury exactly how the defendant fell below the standard of care and why that failure caused your harm.

Our firm handles medical malpractice cases on a contingency fee basis. Under 735 ILCS 5/2-1114, attorney fees in medical malpractice cases are capped at 33 1/3% of all sums recovered, which means you pay nothing unless we recover compensation for you. There are no upfront costs to get started.

We serve clients throughout the Chicago area, including Cook County and surrounding communities. Whether you were treated at a hospital near Grant Park, a specialty clinic in Lincoln Park, or a surgical center in the suburbs, we are here to help. To speak with a medical malpractice attorney at our firm, call us at (312) 222-0010 or reach out online. Our office is located at Briskman Briskman & Greenberg, 205 W Randolph St., Suite 925, Chicago, IL 60606.

FAQs About Gastroenterology Medical Malpractice in Chicago

What is the deadline to file a gastroenterology malpractice claim in Illinois?

Under 735 ILCS 5/13-212(a), you generally have two years from the date you knew or should have known that a gastroenterology error caused your injury. There is also a four-year statute of repose, which means no claim can be filed more than four years after the negligent act, even if you discovered the harm later. Because these deadlines can be affected by specific facts in your case, you should speak with an attorney as soon as possible.

Do I need a medical expert to file a gastroenterology malpractice case in Illinois?

Yes. Illinois law under 735 ILCS 5/2-622 requires that a qualified health professional review your case and provide a written report confirming there is a reasonable and meritorious basis for the claim before a complaint is filed. That professional must have practiced in the same area of medicine at issue within the last six years. This is a mandatory step, and failing to comply can result in dismissal of your case.

What types of injuries qualify as gastroenterology malpractice?

Qualifying injuries include bowel perforations caused by a negligent colonoscopy or endoscopy, missed diagnoses of colon cancer or other gastrointestinal malignancies, failure to take or follow up on biopsies, failure to recognize and treat post-procedure complications like sepsis or internal bleeding, and unnecessary procedures that result in harm. The key question is whether the provider’s conduct fell below the accepted standard of care and whether that failure caused your injury.

Can I file a wrongful death claim if a family member died due to a gastroenterology error?

Yes. If a loved one died as a result of a gastroenterologist’s negligence, the Illinois Wrongful Death Act under 740 ILCS 180/1 allows surviving family members to bring a claim for damages. These damages can include compensation for the family’s grief, loss of companionship, and financial losses. The claim is generally subject to a two-year filing deadline measured from the date of death, so acting promptly is essential.

How much does it cost to hire Briskman Briskman & Greenberg for a gastroenterology malpractice case?

Briskman Briskman & Greenberg handles medical malpractice cases on a contingency fee basis. Under 735 ILCS 5/2-1114, attorney fees in Illinois medical malpractice cases are capped at 33 1/3% of all sums recovered. You do not pay attorney fees unless we recover compensation for you. Please note that clients may still be responsible for certain case costs and expenses. Call (312) 222-0010 to discuss the specifics of your situation during a free consultation.

More Resources About Gastroenterology Malpractice in Chicago

• Colonoscopy Perforation Medical Malpractice in Chicago
• Failure to Diagnose Colon Cancer Medical Malpractice in Chicago
• Endoscopy Negligence Medical Malpractice in Chicago
• ERCP Procedure Errors Medical Malpractice in Chicago
• Failure to Diagnose Gastrointestinal Bleeding Medical Malpractice in Chicago