Original articleMedicolegal analysis of 100 malpractice claims against bariatric surgeons
Section snippets
Methods
The members of a consortium of experienced bariatric surgeons reviewed 100 consecutive legal cases that were referred by plaintiff or defense council for expert opinion regarding negligence on behalf of the treating physicians or the treating hospital. Each expert possessed >5 years of experience in bariatric surgery and/or had had completed >1000 bariatric operations. Case data related to patient (plaintiff) demographics, surgeon characteristics (training, experience), the alleged
General
All cases reviewed occurred in 25 states, including Pennsylvania, West Virginia, Utah, Michigan, Georgia, Texas, Rhode Island, Nebraska, Missouri, Virginia, North and South Carolina, Florida, Maryland, Montana, Iowa, Illinois, Washington DC, New York, New Jersey, Ohio, Colorado, California, Oregon, and Washington, from June 1997 to February 2005. The mean interval time between the incident and the expert review was 25 months. Of the 100 cases, 55% were referred by plaintiff attorneys and 45% by
Discussion
Medical malpractice litigation pertaining to bariatric surgery is not new and has been around since the first bariatric procedures were performed in the 1950s. Recently, however, the bariatric surgery community has experienced an increased interest in the subject of bariatric medical malpractice. Coincident with the recent rise in bariatric surgery to >100,000 cases/yr in the United States, much speculation has been present in the legal and lay press regarding increased rates of bariatric
Conclusion
The most common complications of bariatric surgery leading to lawsuits in this study included leak, abscess, obstruction, pulmonary/airway complications, organ injury, and pulmonary emboli. Most of the lawsuits (72%) in this study contained no evidence of negligence on the part of the treating surgeon. The prevention of leaks and their timely diagnosis and treatment is the single most important strategy to improve patient outcomes and prevent malpractice lawsuits related to bariatric surgery.
Disclosures
The authors have no commercial associations that might be a conflict of interest in relation to this article.
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