Digestive health issues can be debilitating, requiring invasive investigations and sensitive care. When you undergo procedures to diagnose or treat these conditions, you place immense trust in your medical team to adhere to a high standard of safety. When that standard is not met, the physical and emotional consequences can be life-altering. At Michael Boylan LLP, we understand that a failure in gastroenterology care often leaves patients facing prolonged illness, additional surgeries, or a worsened prognosis. We are here to help you understand your legal position if you suspect your care was substandard.
Understanding Gastroenterology Negligence
Not every unsuccessful treatment or poor outcome constitutes medical negligence. Medicine is complex, and unfortunately, cures are not guaranteed. However, negligence occurs when the care provided falls below the standard reasonably expected of a competent doctor in that field.
In simple terms, a "breach of duty" means the medical professional made an error that no other competent specialist would have made in the same situation. If this error directly caused you avoidable harm, you may have grounds to investigate a claim.
Expected complications vs. avoidable errors
All medical procedures carry inherent risks. For example, a patient consenting to a colonoscopy will be warned that there is a small statistical risk of perforation, even when the doctor performs the task correctly. A known complication is not necessarily negligence.
Negligence arises when the injury is caused by substandard technique, a lack of concentration, or a failure to follow safety protocols. If a perforation occurred because the doctor used excessive force or failed to spot an obvious obstruction, this moves from a complication to a potential error.
Common failure points in care
While every case is unique, negligence in digestive health often stems from specific failures in the diagnostic or treatment pathway, such as:
- Ignored test results where abnormal findings were overlooked or not acted upon.
- Unreasonable delays in referring a patient to a gastroenterologist or surgeon.
- Failure to act on "red flag" symptoms like rapid weight loss, blood in the stool, or persistent difficulty swallowing.
- Surgical errors caused by poor technique or inadequate planning.
- Inadequate consent where the patient was not fully informed of the risks or alternatives.
Common procedures and associated risks
Gastroenterology involves a variety of diagnostic tests and surgical interventions to examine the oesophagus, stomach, intestines, and associated organs like the liver and pancreas. When these procedures are not performed with due care, the risk of serious injury increases significantly.
Endoscopy and gastroscopy (Upper GI)
A gastroscopy (often just called an endoscopy) involves passing a thin, flexible tube with a camera down the throat to examine the oesophagus and stomach. While routine, it requires precision.
Potential negligence risks include:
- Perforation of the oesophagus due to excessive force.
- Dental damage caused by improper use of mouthguards or equipment.
- Failure to spot ulcers or tumours that were clearly visible during the scope.
- Aspiration pneumonia caused by failing to protect the airway during sedation.
Colonoscopy (Lower GI)
This procedure involves examining the large bowel using a camera inserted via the rectum. It is the gold standard for detecting bowel cancer and polyps. However, it carries significant risks if managed poorly.
Common areas of concern include:
- Bowel perforation, where the instrument punctures the colon wall, potentially leading to sepsis.
- Failure to identify polyps or lesions, leading to a missed or delayed cancer diagnosis.
- Inadequate bowel preparation instructions, resulting in a poor view and a wasted procedure that fails to detect illness.
ERCP and bile duct procedures
Endoscopic Retrograde Cholangiopancreatography (ERCP) is a highly technical procedure used to diagnose and treat problems in the liver, gallbladder, bile ducts, and pancreas. Because of its complexity, the margin for error is small.
Risks that may be investigated for negligence include:
- Inducing severe pancreatitis through rough handling or inappropriate contrast dye usage.
- Failing to manage complications immediately, such as bleeding or infection.
- Performing the procedure unnecessarily when a non-invasive scan (like an MRI) would have sufficed.
For more detailed information, please see our guide on ERCP Procedure Injury Claims.
Gallbladder surgery and acute management
Gallbladder removal (cholecystectomy) is one of the most common surgeries in Ireland. While generally safe, errors here can have lifelong consequences.
Surgical errors and mismanagement may involve:
- Accidental cutting or clipping of the bile duct, causing bile to leak into the abdomen.
- Injuries to nearby blood vessels or the bowel during laparoscopic entry.
- Mismanagement of acute cholecystitis, leading to a ruptured gallbladder or severe infection.
Read more about how we assist with Bile Duct Injury after Gallbladder Surgery Claims.
Medical conditions frequently involved in claims
Gastroenterology negligence is not limited to surgical errors; it often involves the failure to diagnose or properly manage chronic and acute conditions.
Delayed diagnosis of bowel and digestive cancers
Early detection is the most critical factor in cancer survival. A delay in diagnosis can allow a treatable cancer to advance to a terminal stage.
Claims in this area often focus on:
- dismissal of persistent symptoms by a GP or specialist.
- misinterpretation of pathology samples (biopsies).
- administrative errors where a referral letter was lost or a recall appointment was never sent.
Mismanagement of Inflammatory Bowel Disease (IBD)
Conditions like Crohn’s disease and Ulcerative Colitis require lifelong, careful management. Negligence can occur if the condition is allowed to spiral out of control without appropriate intervention.
Failures may include:
- Delayed diagnosis, confusing IBD with Irritable Bowel Syndrome (IBS) despite red flags.
- Failure to escalate treatment, leaving a patient on ineffective medication while the disease causes irreversible bowel damage.
- Toxic megacolon developing due to a failure to recognise a severe flare-up.
Liver, pancreatic, and coeliac disease errors
These organs require precise monitoring, particularly regarding blood work.
Common oversights include:
- Missed abnormal liver function tests that indicated early liver disease or hepatitis.
- Failure to diagnose Coeliac disease, leaving a patient to suffer from malnutrition and gut damage for years.
- Pancreatic cancer misdiagnosis, where symptoms like jaundice or back pain were attributed to less serious causes without investigation.
Warning signs that care may have been negligent
Patients often have a "gut feeling" that something went wrong with their care. Reviewing the history of your treatment can often reveal signals that standards were not met.
Issues with medical records and documentation
Your medical notes tell the story of your care. Inconsistencies here can be a major warning sign.
Look out for:
- Contradictory notes between different members of the medical team.
- Test results that were never communicated to you.
- Missing follow-up plans where a "review in 6 months" never happened.
Unexplained delays in treatment
Time is often of the essence in gastroenterology. Delays that cannot be explained by standard waiting lists may indicate an administrative or clinical error.
Examples include:
- Long waits for "urgent" scans without clinical justification.
- Repeated GP visits for the same worsening symptoms without a referral to a specialist.
Post-procedure concerns
Recovery takes time, but certain signs suggest an issue was missed or ignored.
Be vigilant if you experienced:
- Being discharged while still in severe pain or unable to eat/drink.
- Rapid deterioration at home (fever, vomiting blood) shortly after a procedure.
- Clinicians dismissing your pain as "normal" without physically examining you.
Establishing a claim: The legal requirements
In Ireland, medical negligence law is strict. To succeed in a claim, we must prove four specific elements. It is not enough to show that an injury occurred; we must link it directly to a failure in care.
Duty of care and Breach of duty
First, we establish that a doctor-patient relationship existed (Duty of Care). Second, we must prove that the medical professional fell below the acceptable standard of care (Breach). This is determined by comparing their actions to what a supportive body of medical opinion would deem acceptable.
Causation and Impact
The most complex part is often "Causation." We must prove that the specific error caused your injury. If the injury would have happened regardless of the error, the claim may not succeed. Finally, we assess "Damages",the pain, suffering, financial loss, and life changes you have endured.
The claims process in Ireland
Investigating medical negligence is a forensic process that differs significantly from car accidents or workplace injury claims. It requires patience, expertise, and a thorough analysis of medical evidence.
Why the Injuries Resolution Board is not involved
The Injuries Resolution Board (formerly PIAB) assesses most personal injury claims in Ireland. However, they generally do not assess medical negligence claims. Because these cases involve complex disputes regarding liability and medical standards, the route typically involves the courts or legal settlement negotiations.
Time limits and the “date of knowledge”
The general rule in Ireland is that you have two years to issue legal proceedings. However, the clock does not always start on the date of the surgery.
It starts from the "date of knowledge",the date you first knew (or ought to have known) that your injury was significant and was likely caused by the medical treatment. Determining this date is a legal question, and you should seek advice immediately to ensure you are not out of time.
Special considerations
- Minors: For children under 18, the two-year time limit generally does not begin until their 18th birthday.
- Fatal claims: In tragic cases involving death, the time limit usually runs from the date of death. Inquests may also play a role in establishing facts.
Gathering evidence for an investigation
A solicitor does not base a case solely on memory. We build a case based on hard evidence and clinical documentation.
To investigate your claim, we will gather:
- Comprehensive medical records from your GP and all hospitals attended.
- Imaging scans and radiology reports (CT, MRI, Ultrasound).
- Pathology results regarding tissue samples or biopsies.
- Independent expert reports, which are crucial for establishing whether negligence occurred.
Practical steps for patients
If you have suffered due to suspected gastroenterology errors, your health remains the priority.
- Seek medical attention: Ensure your current condition is managed, even if it means seeking a second opinion at a different hospital.
- Keep a timeline: Write down dates of appointments, what was said, and when symptoms worsened.
- Understand the difference: A hospital complaint is an internal process for an apology or explanation. A legal claim is a separate process seeking compensation for damages.
How Michael Boylan LLP assists
At Michael Boylan LLP, we specialise in complex medical litigation. Our approach is forensic, supportive, and focused on securing answers for our clients.
- Initial review and information gathering: We begin by listening to your account and reviewing the basic facts. If there is a potential case, we take up your medical records for a detailed forensic analysis.
- Identifying the key clinical questions: We identify exactly where the care may have failed. We frame specific questions regarding the standard of care provided to you.
- Instructing independent experts: We do not rely on guesswork. We send your records to independent medical experts (usually from the UK) to provide an objective opinion on whether negligence occurred. This expert evidence forms the foundation of your case.
Frequently Asked Questions
Is a bowel perforation during colonoscopy always negligence?
No. Perforation is a known risk of the procedure. It becomes negligence only if it was caused by poor technique or if the doctor failed to recognise and treat the perforation immediately.
What if my test results were not communicated to me?
If a failure to communicate results led to a delay in diagnosis and a worsening of your condition, this is a common ground for a negligence claim.
Does the Injuries Resolution Board assess these claims?
No. The Injuries Resolution Board generally declines to assess medical negligence cases due to their complexity. These cases are managed through the legal system.
How long do I have to take action in Ireland?
Generally, two years from the date of the injury or the date of knowledge. However, strict exceptions apply, so immediate legal advice is essential.
What is the role of an independent medical expert?
An independent expert reviews your notes to determine if the care you received fell below acceptable standards. Their report is vital to proving your case.
Can I claim for a family member who has passed away?
Yes. Families can pursue a claim for fatal injuries if negligence contributed to the death. This often runs alongside the inquest process.
Secure the Answers You Deserve
If you or a loved one has suffered due to errors in gastroenterology care, you need a legal team that understands both the medicine and the law. At Michael Boylan LLP, we are dedicated to uncovering the truth and securing the future care you need.
Contact us today to discuss your situation in confidence.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
