Literature DB >> 26826917

Medico-legal analysis of legal complaints in bariatric surgery: a 15-year retrospective study.

Lucile Tuchtan1, Radwan Kassir2, Bernard Sastre3, Christian Gouillat4, Marie-Dominique Piercecchi-Marti5, Christophe Bartoli5.   

Abstract

BACKGROUND: Bariatric surgery for severe obesity has become an effective and accepted treatment for sustained weight loss.
OBJECTIVES: The aim of our study was to analyze the complications and issues raised by the experts on which jury or judges' decisions were made for the different types of bariatric surgery.
SETTING: University Hospital, France.
MATERIALS AND METHODS: We have carried out a retrospective study of 59 expert review dossiers over a period of 15 years (1999-2014) on the different types of bariatric surgery (laparoscopic adjustable gastric band [LAGB], sleeve gastrectomy [SG], Roux-en-Y gastric bypass [RYGB], vertical banded gastroplasty [VBG], and gastric plication [GP]).
RESULTS: Of the cases, 81% were women and the average age was 39 years old (range 19 to 68 years). Among the procedures giving rise to the complaints, 40% were for LAGB, 28% for RYGB, and 23% for SG. The most common initial complications were perforations (30%), fistulae (27%), bowel obstruction (14%), vascular injuries (9.5%), and infections (peritonitis, pleurisy, abscesses, and so forth) (8%). Revision surgery was required in 78% of patients, and perioperative complications accounted for 28.5% of dossiers. The experts concluded that fault had occurred in 40% of case. Negligence arising from an error deemed to be an act of negligence was found in 30% of cases, 67% of which were because of delayed diagnosis. Major long-term complications accounted for 8% of dossiers and minor long-term complications for 22%. Forty-seven percent of patients completely recovered.
CONCLUSION: Delayed diagnosis was the main error established by the experts. Surgeons should remain vigilant postoperatively after every bariatric surgical procedure.
Copyright © 2016 American Society for Bariatric Surgery. Published by Elsevier Inc. All rights reserved.

Entities:  

Keywords:  Bariatric surgery; Complications; Expert review; Medical liability

Mesh:

Year:  2015        PMID: 26826917     DOI: 10.1016/j.soard.2015.10.067

Source DB:  PubMed          Journal:  Surg Obes Relat Dis        ISSN: 1550-7289            Impact factor:   4.734


  4 in total

1.  Analysis of National Bariatric Surgery Related Clinical Incidents: Lessons Learned and a Proposed Safety Checklist for Bariatric Surgery.

Authors:  Islam Omar; Brijesh Madhok; Chetan Parmar; Omar Khan; Michael Wilson; Kamal Mahawar
Journal:  Obes Surg       Date:  2021-03-05       Impact factor: 4.129

2.  Medical Malpractice in Bariatric Surgery: a Review of 140 Medicolegal Claims.

Authors:  Asad J Choudhry; Nadeem N Haddad; Matthew Martin; Cornelius A Thiels; Elizabeth B Habermann; Martin D Zielinski
Journal:  J Gastrointest Surg       Date:  2016-10-11       Impact factor: 3.452

3.  Malpractice Claims in Bariatric Surgery in Spain vs France.

Authors:  Marco Nunziante; Radwan Kassir
Journal:  Obes Surg       Date:  2020-09       Impact factor: 4.129

4.  Organization of future training in bariatric gastroenterology.

Authors:  Timothy R Koch; Timothy R Shope; Christopher J Gostout
Journal:  World J Gastroenterol       Date:  2017-09-21       Impact factor: 5.742

  4 in total

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