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Minerva Medicolegale 2010 June;130(2):85-99

language: English

Outcome in bariatic surgery and professional liability

Zaami S., Lauricella M. A., Marinelli E.

Dipartimento di Medicina Legale, Università La Sapienza, Roma, Italia


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Pathological excess weight is a health problem in dramatic increase in wealthy societies. The negative aspect of the phenomenon is characterized, not only by its direct impact on the quality life of individuals but also by the high social cost of obesity-related diseases. The surgical approach is sometimes the only opportunity for practical therapeutic efficacy in patients with pathological obesity, but not all patients with excess weight are candidates for such interventions, which are often quite demolitive and not without complications. Consequently, the Italian Society of Surgery of Obesity and metabolic diseases, collecting the indications of the international scientific community, has drafted guidelines designed to identify candidates to be subjected to such surgical procedures. It should also be considered that obesity surgery is currently one of the surgical specialties most affected by problems of litigation and this effect is sufficient to justify the medical-legal interest. Starting from those aspects that, according to the litigation experience, were the most controversial technical ones, facing the issue of professional liability in obesity surgery, even in light of the information provided by guidelines on the evaluation criteria of outcomes of bariatric surgery, could be useful.

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