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The Role Of A Gastroenterologist In Personal Injury Claims

Gastroenterologists play a crucial role in personal injury claims, providing expert medical opinions that can significantly impact the outcomes of these cases.
Understanding the Expertise of a Gastroenterologist
Gastroenterology is the study of the normal function and diseases of the digestive system, including the oesophagus, stomach, small intestine, colon and rectum, pancreas, gallbladder, bile ducts, and liver. Interventional Gastroenterology, a subspecialty within this field, focuses on therapeutic procedures such as endoscopic retrograde cholangiopancreatography (ERCP) and endoscopic ultrasound with fine needle aspiration (EUS with FNA).
Gastroenterologists undergo extensive training, including a three-year fellowship in general gastroenterology followed by an additional one to two years in an advanced endoscopy training program. This rigorous training equips them to diagnose and treat a wide array of gastrointestinal diseases, from removing bile duct stones to staging cancers and relieving obstructions.
The Intersection of Gastroenterology and Personal Injury
Interventional Gastroenterologists play a pivotal role in personal injury claims. They are often engaged by personal injury insurers, as well as medical negligence, public liability, and compensation solicitors, to provide expert medical opinions. Their expertise is crucial in determining the degree to which gastrointestinal symptoms can be attributed to an injury or the medications used to treat it.
Their assessments can influence decisions on payments for treatment, damages for ulceration, pain, and suffering, and the costs of consulting dietitians. By distinguishing between symptoms caused by medications and those that are pre-existing or unrelated, gastroenterologists provide clarity in complex personal injury cases.
Common Gastrointestinal Issues in Personal Injury Cases
Personal injury cases often involve gastrointestinal symptoms like Irritable Bowel Syndrome (IBS), Gastroesophageal Reflux Disease (GORD), and colitis. These conditions can be exacerbated by pain medications, NSAIDs, and analgesics prescribed to treat injury-related pain. Such medications are known to cause gastrointestinal discomfort and complications, making it challenging to differentiate between injury-induced symptoms and medication side effects.
Gastroenterologists are adept at diagnosing and managing these conditions. They can diagnose digestive diseases, remove bile duct stones, stage cancers, relieve malignant obstructions, obtain pancreatic tumour and cyst biopsies, ablate Barrett’s oesophagus, remove large colonic and duodenal polyps, assess submucosal lesions and manage Irritable Bowel Disease. Their comprehensive understanding of these diseases ensures accurate diagnoses and effective treatment plans.
How Gastroenterologists Provide Expert Opinions
Gastroenterologists provide expert medical opinions by utilising their in-depth knowledge of digestive diseases and their extensive training in advanced endoscopic procedures. They assess the impact of an injury on an individual's gastrointestinal health by examining medical records, conducting physical examinations, and performing diagnostic tests.
Their expertise helps in identifying whether gastrointestinal symptoms are a direct result of the injury or a side effect of the medications prescribed. This distinction is crucial for determining the appropriate compensation for treatment, pain, and suffering. Their opinions often form the backbone of personal injury claims, ensuring fair and accurate settlements.
Utilisation in Medicolegal Scenarios
Utilisation |
Scenario |
To identify the degree to which gastrointestinal symptoms can be attributed to the injury vs the medications used, and subsequently , to determine:
|
After an injury, patients are frequently prescribed pain medications, NSAIDS, and analgesics to treat the pain of the injury, but these medications are known to cause Gastrointestinal symptoms. In determining the impact of an injury on an individual, it can be challenging to distinguish between gastrointestinal symptoms (such as Irritable Bowel Syndrome and GORD) that have resulted from the use of these medications, versus those symptoms that were pre-existing or would have developed regardless of the medications used. |
To review or challenge the treatment and prognosis recommendations made by General Surgeons post-surgery. |
Whilst general surgeons operate on the upper and lower GI tract, they typically discharge after surgery, and the maintenance is managed by the Gastroenterologist. There may be scenarios where the long-term management and prognosis made by the General Surgeon is appropriately challenged by a Gastroenterologist. |
To challenging a claim decision regarding psychiatric symptoms; Specifically, the worsening of an injury due to the development or triggering of a pre-existing psychiatric condition.
|
Corticosteroid-induced psychiatric disturbances are common when high doses of corticosteroids are used over a protracted time period. Such Psychiatric disturbances include mania, depression, psychotic or mixed affective states, cognitive deficits, and minor psychiatric disturbances (irritability, insomnia, anxiety, labile mood). In a motor vehicle or workers compensation claim, the insurer may decline this psychiatric event as not related to the MVA or workplace event. |
To claim Medical Negligence in a variety of scenarios: |
|
Public Liability |
Food poisoning |
The Impact of Gastroenterologist Testimony in Legal Proceedings
The testimony of a gastroenterologist can significantly influence the outcome of personal injury cases. Their expert opinions provide a scientific basis for understanding the extent and cause of gastrointestinal symptoms, which is essential for legal determinations of liability and compensation.
Gastroenterologists' testimonies help in clarifying complex medical issues, thereby aiding stakeholders in making informed decisions. Their ability to articulate the nuances of gastrointestinal conditions and their potential link to personal injuries or medications ensures that justice is served, and fair compensation is awarded.
Dr. James Hunt, Expert in Gastroenterology and Medicolegal Matters
Dr. James Hunt, a distinguished gastroenterologist, is available to lend his expert medical opinion in personal injury cases, offering both in-person medicolegal assessments in Adelaide, South Australia, and Telehealth assessments and File Reviews.
With extensive experience as an Independent Medical Examiner, Dr. Hunt has evaluated hundreds of gastroenterological cases for insurers and lawyers, making him a valuable asset in legal proceedings. Since 2017, he has been a staff member at SALHN, where he has honed his skills in swallowing disorders, endoscopy, colonoscopy, and therapeutic endoscopy. Dr. Hunt's proficiency in endoscopic techniques, oesophageal manometry, and capsule endoscopy, coupled with his ability to clearly explain complex medical concepts, underscores his capability in providing precise and insightful evaluations. A graduate of Flinders University in 2007, he earned his Fellowship of the Royal Australasian College of Physicians in 2013 and completed additional training in oesophageal disorders in 2014. Accredited to perform gastroscopy and colonoscopy at several prominent hospitals, Dr. Hunt's expertise is both comprehensive and accessible, ensuring that his assessments are grounded in the latest medical practices and knowledge.
Medicolegal bookings with Dr James Hunt are available through MEDirect.