Issue: December 2016
This Report is Over 50 Pages. See Below for Previews of the 16 Articles in the Report.
Need this Report? Click Here to Login or Buy.
Or, click any article title.

Already a subscriber? Log in and beginning reading.

Gut-Wrenching Pain: Liability Risks Related to Gastrointestinal Disorders

Introduction

Liability Risks for Gastrointestinal Disorders

Gastrointestinal diseases and other digestive disorders affect 60 to 70 million people in the U.S. More than 21 million of those affected require hospitalization each year, and more than 245,000 die annually. Medical costs per year related to digestive disorders amount to more than $141 billion.

 

Special risk factors must be considered when treating specific patient populations with gastrointestinal disorders, such as the elderly and children.

 

Other illnesses and conditions and their treatment can result in gastrointestinal complications. Damages awarded in lawsuits alleging a drug manufacturer failed to provide adequate warnings of these serious gastrointestinal risks associated with one medication exceeded $53 million.

 

Medical negligence can occur in the diagnosis and treatment of digestive disorders resulting in physical and emotional injuries to patients. These injuries can lead to litigation and high awards and settlements.

 

Attorneys, physicians, insurers, employers, manufacturers, and other potential parties to litigation should be aware of the types of lawsuits and other liability issues that may arise in connection with injuries related to gastrointestinal diseases or disorders.


The Perspectives: Improve Your Strategy

Attorneys:

What proof is needed for a claim of medical malpractice or lack of informed consent for a procedure related to a patient’s gastrointestinal disease or disorder? And, what is a potential strategy for the attorney to employ?

Physicians:

How can liability for medical malpractice be avoided for an injury related to a gastrointestinal disease or disorder? And, what is a potential strategy for the physician to employ?

Insurers:

Can a payout under a medical malpractice liability policy be avoided by proof that the health provider was not negligent or there was no coverage for an injury related to a gastrointestinal disease or disorder? And, what is a potential strategy for the insurer to employ? 

Employers:

Can an employer be subject to liability for an employee’s gastrointestinal disease or disorder? And, what is a potential strategy for the employer to use?


Practice the Technique: Checklists

Attorneys:

Check this list of facts and circumstances tending to show a provider’s liability for malpractice or negligence involving a gastrointestinal disorder or disease.

Physicians:

Presented is a checklist of items a physician must consider when defending against claims of malpractice or negligence involving a gastrointestinal disorder or disease.

Insurers:

The insurer should check these “red flags” and inconsistencies when investigating a claim of medical malpractice or negligence involving a gastrointestinal disease or disorder.

Employers:

Use this checklist to determine if the employee’s gastrointestinal disorder or disease is “work related” and occurred “in the course of the employment.”

Expert Analysis

What Testing Is Available for Celiac Disease?

Alessio Fasano, MD

What Information May Indicate Breach of the Standard of Care Resulting in a Perforated Bowel?

Julie A. Rice, JD

Litigation

Alternative Dispute Resolution

Arbitration or mediation may be required by contract or statute, may be mandated by the court or, in some circumstances, may be the appropriate method for a negotiated resolution.


Reasons To Reach Settlement

The following are reasons why the attorney, physician, insurer, or employer would want to reach settlement, and not take the action to trial.  


Reasons To Go To Trial

The following are reasons why the attorney, physician, insurer, or employer would want to take the action to trial.  


Jury Awards and Settlements

How much have juries awarded and what settlements have been reached recently in cases involving gastrointestinal disorders? 



Medical Examples

Gastrointestinal Disorders and Diseases

This section provides detailed medical information on gastrointestinal tract (GI) disorders and diseases, the anatomy of the digestive system, symptoms, diagnostic testing, and treatment. This section also discusses the patient’s prognosis and ability to work with a gastrointestinal disorder or disease.  



Law and Medicine Resources

Law and Medicine Resources

Provided is a listing of law and medical resources for further information on gastrointestinal disorders.  


Purchase This Report




Gut-Wrenching Pain: Liability Risks Related to Gastrointestinal Disorders

Table of Contents
Introduction

Expert Analysis
   Alessio Fasano, MD
   Julie A. Rice, JD

The Perspectives: Improve Your Strategy
   Attorneys
   Physicians and Health Providers
   Insurers
   Employers and Risk Managers

Practice the Technique: Checklists
   Attorney Checklist
   Physician Checklist
   Insurer Checklist
   Employer Checklist

Alternative Dispute Resolution

Reasons To Reach Settlement

Reasons To Go To Trial

Jury Awards and Settlements

Gastrointestinal Disorders and Diseases

Law and Medicine Resources