Medical malpractice litigations against gastroenterologists in Belgium

Introduction: Medical malpractice litigations represent a reality for clinical physicians. However, no data are available about the impact on gastroenterologists in Belgium. Aim: We estimated the number of malpractice litigations against gastroenterologists in Belgium based on the annual reports of the Fund for Medical Accidents (FMA), residing under the Belgian national social security service (RIZIV-INAMI). Methods: FMA annual reports are available online in the public domain from 2012 onwards. We reviewed all available annual reports, focussing on results within the fields of Gastroenterology and Cardiology. Results: From 2010 to 2023 a total of 6884 applications for malpractice litigations were filed resulting in a final decision for 3185 care providers between 2014 and 2023. In this 10 years period claims were filed against 92 gastroenterologists, placing them in the top 10 of care providers at risk for malpractice litigations in Belgium. There are currently 777 practicing gastroenterologists in Belgium, indicating that over 10 years time the cumulative risk of malpractice litigation through the FMA alone is as high as 12%. The subject of the claims is not mentioned in the FMA reports, and therefore remains unknown. Compared to Cardiology, another interventional speciality within the field of Internal Medicine, gastroenterologists are more prone to malpractice litigations. Only 73 (6%; p<0.001 Chi-square) on a total of 1237 practicing cardiologists faced malpractice litigations through the FMA. Conclusion: Based on the FMA annual reports, Belgian gastroenterologists are considerably at risk of malpractice litigations reaching 12% over a 10 years time period, as compared to only 6% cumulative risk of practicing cardiologists. Endoscopy-related complications are supposedly the most common reason of malpractice litigation and Belgian gastroenterologists should be aware of this risk.