Bariatric surgery: Navigating the medicolegal maze

Abstract

Despite the general reduction in peri-operative morbidity and mortality following elective bariatric surgery, there has been an increase in the number of claims in bariatric surgery. The litigation risk for surgeons is layered due to high patient expectations, the technical demands of the surgery itself, the need for immediate management of complication and the need for long-term follow-up. This article explores the medicolegal implications for surgeons performing bariatric surgery and more importantly for those non-bariatric specialists who may encounter patients with post-operative complications and how to minimise risk. Consent is discussed in detail especially with key cases such as the ‘Montgomery vs. Lanarkshire’ and ‘Jones vs. Royal Devon’ brought into the context of bariatric surgery.