Medical Negligence in Bariatric Surgery: Cases and Resources
Introduction
Bariatric surgery has become a key tool in reducing morbid obesity and improving patients' quality of life. However, like any high-complexity medical intervention, bariatric surgery is not without risks, and medical negligence can have devastating consequences for affected patients. This article delves into the most relevant cases of medical negligence, available legal resources, and support associations.
What is bariatric surgery and what are its risks?
Bariatric surgery includes a set of surgical procedures designed to treat severe obesity and its associated complications. Among the most common techniques are gastric bypass, sleeve gastrectomy, and intragastric balloon. These procedures are usually recommended for patients with a high body mass index (BMI) and associated diseases when other alternatives have not been effective.
However, it is not without risks: infections, thromboembolism, suture leaks, organ injuries, and nutritional deficiencies are just some of the possible adverse effects. Malpractice or medical negligence can arise at any stage of the process: from patient selection and evaluation, informed consent, surgical intervention, or postoperative follow-up.
Known cases of medical negligence in bariatric surgery
In Spain and Latin America, several severe cases have been documented that have set legal and social precedents:
- One million euros compensation in Spain: The Supreme Court confirmed a record compensation for a patient of the Andalusian Health Service (SAS) after bariatric surgery with inadequate postoperative follow-up. The ruling emphasized the medical professional's obligation to closely monitor the patient after surgery.
- Technique failures and lethal consequences: Cases where the surgical technique used was not appropriate, leading to gastric perforations, widespread infections, massive hemorrhages, or irreversible injuries to internal organs such as the liver or spleen, have resulted in convictions and improvements in hospital protocols.
- Late diagnosis and treatment of complications: The omission of checks and analytical tests in the weeks following the intervention has been a frequent cause of civil lawsuits, as it is during this period that most leaks, infections, thrombosis, or metabolic complications are detected.
Claims and available legal resources
In the face of possible medical negligence in bariatric surgery, there are different avenues for claims:
Administrative claim
If the intervention was performed in a public hospital, the claim must be filed with the corresponding health administration. The procedure begins with a claim for patrimonial liability, where the damage and cause-effect relationship must be proven.
Civil lawsuit
Allows claiming financial compensation for the damages suffered. It is vital to have expert medical reports supporting the existence of malpractice, as well as the complete medical documentation of the care process.
Criminal complaint
In the most severe cases, a criminal route can be initiated for injuries and, in exceptional cases, for negligent homicide. This process is usually more complex and requires the assistance of lawyers specialized in health law and medical negligence.
Statistics and judgments
Claims for negligence in bariatric surgery have been increasing, linked to the increase in this type of procedures in the last decade and greater awareness of patient rights. Judgments usually establish compensations ranging from 60,000 to over one million euros, depending on the severity of the error and the resulting sequelae.
Help associations and resources for victims
Victims of malpractice are not alone. There are associations and resources specifically focused on providing guidance, emotional support, and legal assistance:
- AVINESA: Association of victims of healthcare negligence offering free advice and support in processing claims.
- Patient Defender Association: Strong presence in Spain and Latin America, focused on defending patient rights and preventing malpractice.
- International Federation for the Surgery of Obesity and Metabolic Disorders (IFSO): International federation that brings together national societies of bariatric surgeons, promotes professional training, and establishes safety guidelines and standards.
There are also law firms specialized in health law that offer the first free consultation and online resources to resolve legal doubts.
Tips to avoid medical negligence in bariatric surgery
- Choose accredited centers and professionals, preferably with members of recognized scientific societies such as IFSO.
- Request detailed explanations of all risks, alternatives, and obligations after surgery.
- Rigorous compliance with pre and postoperative checks.
- Demand all medical documentation and keep copies of reports and discharge notes.
- Always seek a second opinion in case of doubts or abnormal symptoms.
Conclusion
Bariatric surgery offers a unique opportunity for people affected by morbid obesity, but it demands maximum responsibility and diligence from healthcare professionals. In the face of medical errors or negligence, the patient has effective legal resources and the support of specialized organizations. Prevention, information, and claiming their rights are the best strategy to ensure quality healthcare.
Have you suffered medical negligence in bariatric surgery? Do not hesitate to seek specialized advice to protect your rights.