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Reply to Martin-Fumadó et al.

Published:November 05, 2022DOI:https://doi.org/10.1016/j.soard.2022.10.030
      I very much appreciate the letter to the editor by Martin-Fumadó et al. [

      Martin-Fumadó C, xxx.

      ] regarding our article, “First report from the American Society of Metabolic and Bariatric Surgery closed-claims registry: prevalence, causes, and lesson learned from bariatric surgery medical malpractice claims” [
      • Morton J.M.
      • Khoury H.M.
      • Brethauer S.A.
      • et al.
      First report from the American Society of Metabolic and Bariatric Surgery closed-claims registry: prevalence, causes, and lesson learned from bariatric surgery medical malpractice claims.
      ]. Martin-Fumado et al. present their 35-year experience through their project, “Learning from error in bariatric surgery: analysis of malpractice closed-claims in Spain” [
      • Martin-Fumadó C.
      • Benet-Travé J.
      • Vilallonga R.
      • Barros M.
      • Arimanu-Manso J.
      Learning from error in bariatric surgery: analysis of malpractice closed claims in Spain.
      ]. Their results closely mirror our experience with similar causes for litigation, findings for no liability, and pay-outs. I am in complete agreement with the authors that an international data registry for closed claims should be established. Furthermore, we should work together to have agreement regarding data elements and assessment of outcomes. I also noted that at the Universitat Autonoma de Barcelona there exists a specific Department of Professional Liability and Legal Medicine. Our academic medical centers should emulate this approach and establish scholarship and leadership for professional liability to further the science and practice of surgery.
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      References

      1. Martin-Fumadó C, xxx.

        • Morton J.M.
        • Khoury H.M.
        • Brethauer S.A.
        • et al.
        First report from the American Society of Metabolic and Bariatric Surgery closed-claims registry: prevalence, causes, and lesson learned from bariatric surgery medical malpractice claims.
        Surg Obes Relat Dis. 2022; 18: 943-947
        • Martin-Fumadó C.
        • Benet-Travé J.
        • Vilallonga R.
        • Barros M.
        • Arimanu-Manso J.
        Learning from error in bariatric surgery: analysis of malpractice closed claims in Spain.
        Surg Obes Relat Dis. 2022 Aug 4; (Epub)

      Linked Article

      • Learning from error in bariatric surgery: analysis of malpractice closed claims in Spain
        Surgery for Obesity and Related Diseases
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          We congratulate Morton et al. [1] for their thoughtful review of litigation in bariatric surgery, which shows powerful analysis of closed claims leads to learning from error and improved patient safety in bariatric surgery. Advances in technology, better training of multidisciplinary teams, and simplification of laparoscopic surgical techniques have made bariatric surgery one of the safest and most effective procedures [2]. However, the vast increase in the number of bariatric surgery procedures in the past decades has increased consequently the number of malpractice claims in these procedures.
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