Weight Loss Surgery Negligence

Weight loss -or bariatric – surgery is becoming a more popular treatment regime. However, it is regarded as a “medico-legal hotspot” with weight loss surgery negligence being one of the most litigated types of surgical procedure.

Common issues include: 

• inadequate detection or treatment of a post-operative infection
• incorrect placement of the gastric band
• performing surgery when a patient is not a suitable candidate
• perforation of the stomach and other complications from poor surgical skill and care
• inadequate follow-up or adjustment of the band after the operation
• failing to warn a patient of the risks of the procedure
• the bariatric surgeon’s lack of skill, expertise, or training.

Weight loss surgery results in permanent changes to your digestive system either by making your stomach smaller or changing the shape of your small intestine. The objective is to have the patient eat less than before the surgery.

Surgery is considered appropriate for those with a body mass index (BMI) over 40 or those with a BMI of 35 and health conditions that may improve with weight loss.

In Australia, there are three main types of procedures.

• Sleeve gastrectomy (the most commonly performed)
• Gastric banding (lap band)
• Gastric bypass (including duodenal switch).(the most complex and risky)

Weight loss surgery is wrongly portrayed as a simple, risk-free procedure – it is major surgery. More than 10% of people who have weight loss surgery report complications. Some of those complications are found to be avoidable.

Choose your surgeon carefully. Have a list of questions for the surgeon including their complication rate and how many weight loss procedures he or she does each week. You can check your surgeon’s qualifications and history of complications online – see www.ahpra.gov.au.