Medical Malpractice in Bariatric Surgery: The ASMBS Journey to a Closed Claims Registry

Improvements in bariatric patient safety and quality of care have been dependent upon review of indemnity-paid, closed liability claims, made possible by the joint interest and cooperation of major liability insurer stakeholders. From the “lessons learned” in the ASMBS-supported NOVUS Insurance Company experience and the later publication online of summarized, de-identified closed claims, a format for understanding of important aspects of patient care has been developed. In 2016, the first report of the ASMBS Closed Claims Registry, together with another in the same year derived from a public legal database, has proved insightful. Team communication deficiencies, delays/failure to treat, informed consent, and patient/surgeon rapport issues are the major factors in those liability claims. Several published asmbs.org invited discussions illustrate these quality care deficiencies and the outcomes that prompt bariatric claims.