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The medical malpractice risk associated with bariatric surgery
B E Casey1, K C Civello, L F Martin
1Department of Surgery, Louisiana State University School of Medicine, New Orleans 70112, USA.
Obesity Surgery
|December 22, 1999
Summary
Bariatric surgeons face low malpractice claim rates, with most cases dismissed before trial and settlements under $100,000. These findings challenge the high-risk classification for bariatric surgery malpractice insurance.
Area of Science:
- Medical Malpractice
- Surgical Outcomes
- Health Economics
Background:
- Bariatric surgery is perceived as high-risk by the medical malpractice industry.
- Physician malpractice premiums may increase unfairly based on limited data.
- The American Society for Bariatric Surgery (ASBS) surveyed members regarding malpractice claims.
Purpose of the Study:
- To assess the actual incidence of malpractice claims related to bariatric surgery.
- To evaluate the outcomes and financial impact of these claims.
- To determine if ASBS members represent a disproportionately high-risk group for malpractice insurance.
Main Methods:
- A survey was sent to 285 ASBS members.
- The survey requested data on bariatric procedures performed, claim details, and outcomes.
- Information on gastric surgery for ulcer disease was also collected.
Main Results:
- 165 surveys (58%) were returned from 33 states and Washington, D.C.
- Malpractice claims occurred after 107 bariatric procedures (1.6/1,000 cases).
- Average award was $88,667; 14% of jury trials favored the plaintiff; over 50% of cases were dismissed before trial.
Conclusions:
- The incidence of malpractice suits against ASBS bariatric surgeons is low.
- Most bariatric surgery malpractice cases do not proceed to a jury trial.
- Settlements are typically under $100,000, suggesting bariatric surgeons are not a high-risk pool for insurers.