Clinical negligence claims over weight loss surgery ‘on the rise’

Posted 22/01/2010

The increasing popularity of weight loss surgery has led to an increase in the number of clinical negligencecompensation claims in the sector, according to the Medical Defence Union (MDU).

Christine Tomkins, chief executive of the MDU, stated that the number of claims over operations gone wrong has increased “tenfold” since 2008, with 21 cases arising in the last two years, compared to 14 between 2003 and 2008.

Problems cited as common issues by MDU analysis include gastric bands slipping and post-operative infections, reports the Times.

The body also suggested that a failure by doctors to explain the risks of surgery could be contributing to increase in compensation claims.

Ms Tomkins suggested that these problems are likely to become more of an issue as the popularity of bariatric surgery increases.

This comes after a report in the Royal Society of Medicine’s Clinical Risk Journal in November 2009 raised concerns that the increasingly prevalent cosmetic surgery sector may be exposing patients to clinical negligence risks due to lax regulation.

Rosamund Rhodes-Kemp, a clinical negligence specialist at Ashtons Legal, said: “The rise in claims is a direct consequence of the increasing number of patients undergoing major surgery which clearly carries considerable risks.

“These risks need to be properly discussed with each patient so they can make an informed decision about what must be last resort intervention.”