Could cosmetic surgeons face medical negligence claims?
Since its development in the 1960s, bariatric surgery - also known as weight loss surgery - has gained in popularity. There are currently eight procedures available to patients, ranging from the gastric bypass to the use of gastric bands. Initially, this sort of surgery was only available to those whose lives were at risk due to their excessive weight. Now, however, bariatic surgery is available as ‘cosmetic surgery’ for those who simply want to maintain the way they look. Unfortunately, with an upsurge in the figures for weight loss surgery, there is also an increase in the number of medical negligence claims being made against surgeons who perform this procedure.
A new problem
The claims involve a relatively new type of surgery involving the use of gastric bands to reduce the size of the stomach, in turn reducing the patient’s appetite and so causing weight loss. All of the claims are from obese people who have suffered complications after private surgery. Ironically, there are people on NHS waiting lists who are considering litigation because they have not received this surgery. The NHS estimates that in performing 4,300 bariatric surgeries last year, they only attended to an estimated 2% of those who need them. Waiting lists are such that many patients become even more obese while they wait for an operation. This also, in turn, increases the possibility that they will suffer complications during a procedure.
Claire Tomkins, the Chief Executive of the Medical Defence Union (MDU) has stated that the number of compensation claims for this type of cosmetic surgery alone has increased tenfold since 2008, with 21 cases over the last two years. By comparison the number of cases that arose between 2003 and 2008 totalled just 14. Among the problems identified were post-operative infections and the slipping of gastric bands. However, the MDU also stated that it thought many of the compensation claims could be avoided. Ms. Tomkins suggested that a failure to explain the risks of this sort of surgery could be responsible for a large number of claims. According to MDU figures, the majority of claims are still ongoing and range from £2,500 to £500,000. Despite this, demand for the operations continues to increase; BMI Healthcare said that is was seeing a year on year increase of 20%.
Claims advice for cosmetic surgeons
As more and more surgeons are being made the subjects of compensation claim cases, the MDU has issued risk management advice to its members carrying out this sort of procedure. Among the recommendations, members are advised that patients need to have information about what to expect in terms of the recovery time and process, what problems may occur and what to do if they have any difficulties. Patients’ GPs should be kept informed. It is also suggested that “the consent discussion must be documented.”
It seems as if surgeons are being required to leave a paper trail behind them to prevent the possibility of being sued without justifiable cause. While this could prevent any false compensation claims, does it make the litigation procedure ultimately more difficult for those unfortunate enough to discover they have legitimate grievances?
Back to Medical Negligence Articles
FREE GUIDE - 7 Questions You Must Ask Before Choosing Your Medical Negligence Solicitor
If you believe you have been the victim of an act of medical or clinical negligence you need our free guide which answers all of the questions that you need answers to before deciding to make a claim, including:
- What are the costs of making a claim for compensation
- The reasons you should or should not make a claim, including protecting other patients
- Whether using a solicitor or a claims company will make a difference to the success of your claim
- The questions you must ask to ensure you choose the right person to help you with your claim
Before you take any further action, take five minutes to read our free guide so that when you do pick up the telephone or fill in an online enquiry form, you know exactly the questions you need to ask to find the right medical negligence claim solicitor for you.
Share This Article With:
If you would like 1stClaims’ expert Medical Negligence Solicitors on your side please call us free on 0800 2888 693 or complete our Free Claim Enquiry form now and we will be in touch with you very soon.
Remember, all initial enquiries are completely free of charge and we will investigate all funding options for you.
We are here to help you from 8am to 8pm Monday to Friday,
8.30am to 6pm on Saturday and 9am to 6pm on Sundays.
Claim Now
Start your FREE claim for compensation by using our online claim form.
Remember we charge no fees to you for our service and all initial enquiries with our solicitors are completely free of charge.
What Is Medical Negligence?
0800 2888 693 or;
Essential Medical Negligence Guide
To receive our free guide providing you with all the information you MUST know before making an enquiry about a medical negligence claim, please complete your details below:
Why Choose Us for Your Medical Claim?
- Expert medical negligence solicitors selected for you by our own solicitor with over 18 years claims experience
- Legal Aid Available
- Free initial advice always
- Private treatment available
- Our service is completely free for you
News / Articles
Videos - Click To View Our Medical Negligence Videos
Look For A Free Claim Enquiry Online - 06/02/2012
Medical Negligence Claims - Where To Go? - 02/02/2012
Medical Negligence Compensation Claims On The Increase? - 07/12/2011
Children Medical Negligence - 02/12/2011
IVF Medical Negligence Claims - 30/11/2011
UK Wide Coverage
We have expert solicitors across England, Scotland, Wales and Northern Ireland waiting to help
you now.
What Our Clients Say
“I have been totally satisfied with everything you have done and wouldn't hesitate to use or recommend you if a situation arose in future.” - Mr Pittam
