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Gastroenterology is one of the most commonly litigated medical specialties, and this can involve any part of the diagnostic process or complications related to endoscopic procedures. There are few data in the gastroenterology literature regarding medicolegal considerations and outcomes.
In one study, 240 colorectal cancer (CRC)–related malpractice cases were identified in a large national legal database, spanning 1988 to 2018. Over half occurred in New York, Massachusetts, and California (each representing 16% to 19%). Litigation for diagnostic error was much more common than for procedural error (80% vs. 17%) and included failure to perform colonoscopy for symptoms (28%), failure to perform colonoscopy for screening (19%), and failure to de…