ERCP Malpractice

Anthony Makarov is a trial attorney at Gersowitz Libo & Korek, P.C. a leading personal injury firm that has recovered over 1 Billion for its clients.

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ERCP Malpractice Attorneys

Endoscopic Retrograde Cholangiopancreatography (ERCP) is a procedure
that is commonly used to diagnose and treat conditions related to a person’s
pancreas and bile ducts. A doctor uses an endoscope and contrast dye to
look through a person’s intestines. While this procedure can be enormously
helpful in a variety of different situations, it also comes with a great deal of
risk.

Many patients have developed perforations in their intestines and other complications after going through an ERCP procedure. According to one study , roughly 7% of all ERCP procedures result in complications, and roughly one of four of those cases involves severe complications. These complications can lead to severe pancreatitis that can be lethal if not properly treated. There is also the risk that doctors may fail to diagnose cancer and other serious conditions during an ERCP. Any person harmed by ERCP malpractice may be able to pursue damages through a civil claim. The attorneys at Makarov Law can examine the unique facts of your case and let you know if you have a valid claim. You can reach out to us at 516-701-1696 .

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Hospital Negligence Lawyer

Our faith in our medical professionals should never waiver, yet that’s exactly what might happen as hospital negligence becomes more and more prevalent in the healthcare industry. In fact, medical malpractice is the third leading cause of death, according to a recent study by John Hopkins.

The Link Between Pancreatitis and ERCP Procedures

Pancreatitis is a complication associated with ERCP. It occurs when the pancreas becomes irritated or injured by the endoscope. Though there are certain risks associated with ERCP and other medical procedures, healthcare providers must still take specific steps to minimize the likelihood that their patients will be injured. Injuries can occur for many different reasons.

A healthcare provider may be inexperienced with navigating the endoscope.
A healthcare provider may inject the contrast dye into the wrong location.
A healthcare provider may use the endoscope for a prolonged period while attempting to access the patient’s bile duct.
A healthcare provider may fail to use preventative measures like pancreatic stents.

Certain patients are at a higher risk of developing complications during an ERCP. It is vital that doctors take the appropriate safeguards to protect those patients. Even mild symptoms of pancreatitis should be carefully monitored.
Left untreated, pancreatitis can create a life-threatening condition that results in organ failure and other permanent damage.

Signs Something Went Wrong During an ERCP Procedure

Mild discomfort is a normal part of undergoing an ERCP procedure. But certain symptoms may indicate that a patient has suffered a serious complication. When healthcare providers fail to recognize or respond to these symptoms, a patient’s condition can substantially worsen. Here are just a few symptoms that patients should keep an eye on and seek treatment for.

Patients may develop persistent nausea or vomiting.
Patients may not be able to keep food or fluids down.
Patients may develop a fever or chills, which are classic signs of an infection.
Patients may experience worsening abdominal pain.

Manageable complications can quickly morph into a life-threatening illness. If you are concerned that you may be experiencing some type of complication after an ERCP, it is best to seek medical care as quickly as possible. Assuming that everything will resolve on its own can be extremely dangerous.

Liability for ercp malpractice

Doctors and hospitals can be liable for instances when patients are harmed by ERCP malpractice. Not every instance of harm in a healthcare setting will rise to the level of malpractice. Malpractice occurs when a healthcare provider fails to meet the accepted standard of care and that failure causes the patient to be injured. Because ERCP procedures are highly complex and involve multiple parties, there could be several sources of liability.

Gastroenterologists can be liable for malpractice if they perform the procedure without following the necessary safeguards.
Hospitals or surgical centers may also be liable for injuries if they failed to enforce proper safety protocols. For example, workers may not have washed their hands or disinfected tools before starting.
An anesthesiologist could also be liable if they fail to properly sedate a patient who moves and is then injured by the endoscope.

One of the major issues that contributes to ERCP malpractice is a lack of training. It’s quite a difficult procedure to perform generally speaking. It’s even more difficult to perform with the precision and care necessary to absolutely minimize the risk a patient will be harmed. Malpractice tends not to be the result of a single person’s error. In most cases, it involves systemic issues and safety failures across an entire hospital.

delayed cancer diagnoses involving ercp procedure

ERCP is routinely used to evaluate the serious medical conditions that people may have with their pancreas or bile ducts. But errors during the procedure may result in a doctor failing to diagnose a patient’s cancer. This can substantially increase the likelihood that a patient loses critical time to get the treatment they need. Even a small delay can mean the difference between life and death. Errors can occur for several different reasons.

A doctor may fail to properly investigate suspicious findings.
A doctor may fail to get a complete imaging of a patient’s bile ducts.
A doctor may fail to perform necessary biopsies of sample tissue.
A doctor may fail to investigate a patient’s worsening symptoms.

Delayed diagnosis remains a leading cause of preventable injury and death across all fields of medicine. According to the Journal of Patient Safety , “Diagnostic errors or delays (DEODs) remain an understudied threat to patient safety occurring in up to 20% of patient-clinician encounters.” Any person who suspects that they have been harmed by a delayed diagnosis following an ERCP procedure should seek legal guidance with an experienced attorney.

steps to take after beinginjured by ercp malpractice

Being injured by ERCP malpractice can be extremely traumatic and disruptive to a person’s life. Victims are routinely left with high medical bills and may need to take extensive periods of time away from work. Victims should take a number of actions to preserve their health and legal rights if they have been injured after undergoing an ERCP.

Victims should seek medical attention as early as possible if any of their symptoms are worsening.
Victims should’ve avoided discussing their case with any hospital or insurance company without first seeking legal guidance.
All of the medical records related to the procedure should be collected. It should be determined if the procedure was medically necessary.
All of the medical records related to injuries should also be collected. These can help establish the extent of the harm caused to the patient.
Victims should contact an experienced ERCP malpractice attorney as early as possible.

Hiring an experienced attorney can often mean the difference between winning or losing a case. These types of cases are enormously complex. Hospitals and their insurance providers are notorious for doing everything in their power to avoid responsibility when a patient is harmed. Victims of ERCP malpractice are entitled to seek benefits through a bodily injury claim.

gettinf legal help after ercp malpractice

If you or a loved one has suffered serious complications after undergoing an ERCP procedure, the attorneys at Makarov Law are here to help you get answers and accountability. Our team understands how to breakdown what happened and identify all failure points. You can rest assured that we’ll doeverything in our power to hold the doctors and institutions that harmed you fully accountable for their actions. Have you or a loved one been harmed after an ERCP procedure? You may be entitled to significant financial compensation. Our team of experienced ERCP malpractice attorneys is committed to helping victims get the support and justice that they need to move forward with their lives. Whether you just have legal questions or are wondering how an attorney may be able to help with your particular situation, we are here to serve your needs. You are always welcome to contact us anytime at 516-701-1696 .

Frequently Asked Questions (FAQ)

Is pancreatitis after ERCP preventable?

Yes, in many cases. Pancreatitis is often preventable when doctors take the necessary precautions to reduce risk. This is particularly important for patients that have a high risk for developing complications.

What are injuries associated with ERCP malpractice?

Victims of ERCP malpractice can suffer a variety of injuries, including organ failure, pancreatitis, and death.

How much is my ERCP malpractice case worth?

The value of any two cases can vary dramatically. Courts will take into consideration the presence of lost wages, and the amount of a person’s medical bills.

Can a hospital be liable if they failed to diagnose my cancer after an ERCP?

Yes, doctors and healthcare providers can be liable for medical malpractice if they fail to diagnose a patient’s cancer during an ERCP procedure.

How much does it cost to hire a medical malpractice attorney?

There are no upfront costs associated with hiring an attorney. Instead, your attorney will only get paid by the opposing party if they are able to successfully negotiate a settlement on your behalf.