Original articleBariatric-related medical malpractice experience: survey results among ASMBS members
Section snippets
Methods
To develop an understanding of the current medical malpractice climate specific to U.S. bariatric surgeons, a detailed survey was developed by the patient safety committee (formerly the Professional Liability Committee), the Executive Committee, and the legal counsel of the ASMBS. This survey (Table 1) was distributed via email to all members of the ASMBS in the spring of 2011. A follow-up email was sent a month later to nonrespondents, and all responses were de-identified.
From the survey, we
Results
The response rate to the survey was 19.7% (330/1675) from 46 states and the District of Columbia. Descriptive statistics are delineated in Table 2. These data represent a cumulative total of 5042 years of bariatric-specific liability exposure. Of the 330 surgeons, 9 chose not to have professional liability insurance. The mean reported annual cost of professional liability insurance was $54,500±$52,500 (N = 197) (range $7,000–$300,000). The distribution of the number of liability lawsuits each
Discussion
The number of years in practice (OR 1.03; P = .03) and greater career volume (OR 8.5; P = .01) were independently associated with an increased likelihood of having a bariatric-related medical malpractice claim at some point in their careers. Although the odds ratio is relatively weak, these statistically significant trends are of interest to the practicing bariatric surgeon as their years in practice and patient volume continue to increase. Our findings are not unexpected and are consistent
Conclusions
Nearly all bariatric surgeons will have a bariatric-related medical malpractice claim at some point in their careers. Our findings correlate with the current literature, which reports low likelihood of lawsuits despite common occurrences of patient harm, and we furthermore suggest that prolonged exposure to low probability events is associated with medical claims.
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