Checklist #27: Legal Issues in Bariatric Surgery

by Raul J. Rosenthal, MD, FACS, FASMBS; Samuel Szomstein, MD, FACS, FASMBS; and  Emanuele Lo Menzo, MD, PhD, FACS, FASMBS

Column Editor

Raul J. Rosenthal, MD, FACS, FASMBS
Clinical Editor, Bariatric Times, Professor of Surgery and Chairman, Department of General Surgery; Director, The Bariatric and Metabolic Institute; Director, General Surgery Residency Program and Fellowship in Minimally Invasive and Bariatric Surgery, Cleveland Clinic Florida, Weston, Florida

Column Co-editors

Samuel Szomstein, MD, FACS, FASMBS
Associate Director of the Bariatric Institute and Section of Minimally Invasive Surgery at the Cleveland Clinic in Weston, Florida, and Clinical Associate Professor of Surgery, Florida International University

E. Lo Menzo MD PhD FACS FASMBS
Staff Surgeon, The Bariatric and Metabolic Institute, Department of General Surgery, Cleveland Clinic Florida, Weston, Florida.

Welcome to “Checklists in Bariatric Surgery.” This column’s aim is to help bariatric surgeons quickly review the reasons for potential problems when caring for bariatric patients.

This month’s Checklist focuses on legal issues in bariatric surgery. From our observations, there has been an increase in litigation likely due in part to the popularity of bariatric surgery and the high-risk patient population.

We consider the following checklist to be mandatory to decrease the potential for litigation in bariatric patients.
We present this 27th installment of “Checklists” based on peer-reviewed publications, which might help our readers communicate better and treat patients expeditiously. We hope you clip and save this convenient checklist and find it useful as a reference tool in your everyday practice. Please stay tuned for more checklists in upcoming issues of Bariatric Times.

View the Checklist in the digital edition HERE.

References
1.    Kaufman AS, McNelis J, Slevin M, La Marca C. Bariatric surgery claims – a medico-legal perspective. Obes Surg. 2006;16(12):1555–1558.
2.    Janeway JM. Malpractice prevention. Weight Loss Surgery: A Multidisciplinary Approach. Rosenthal RJ, Jones DB, eds. West Chester, Pennsylvania: Matrix Medical Communications, 2009.
3.    Saxton JW. Informed consent. Weight Loss Surgery: A Multidisciplinary Approach. Rosenthal RJ and Jones DB, eds. West Chester, Pennsylvania: Matrix Medical Communications, 2009.

FUNDING: No funding was provided.

DISCLOSURES: Dr. Rosenthal receives educational grants from Covidien, Baxter, Karl Storz, W.L. Gore, and Ethicon Endo-Surgery. He is on the advisory board of MST. Drs. Szomstein and Lo Menzo report no conflicts of interest relevant to the content of this article.  

Tags: bariatric surgery

Category: Checklists in Bariatric Surgery, Past Articles