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The e-mémoires of the Académie Nationale de Chirurgie

Review of 90 Medico-Legal Expertise Procedures Concerning Bariatric Surgery, Requested by the Conciliation and Compensation Committees (CCI)

HUBINOIS P

Seance of wednesday 16 january 2019 (Section consultants experts « les indications opératoires : quelle stratégie d’expertise et quelle responsabilité pénale ? »)

DOI number : 10.26299/yn9c-bf57/emem.2018.4.001

Abstract

Aim of the study: this analysis of the causes of referral to CCIs, following bariatric procedures, aims to distinguish between non-faulty medical accidents (contingencies) and those following treatment not in accordance with the recommendations of learned societies (culpable accidents) Compliance with the rules should make it possible to reduce the frequency of accidents and therefore medical disputes in this area.
Material and methods: the author carried out the retrospective review of a series of 90 medical expertise procedures, carried out in 5 years, from 2014 to 2018, for the Conciliation and Compensation Commissions (CCI), by the same practitioner.
Results: the analysis of the complications giving rise to the referral to the Commissions shows that, in two thirds of the cases, they are non-faulty medical accidents and, in the last third, faulty medical accidents. The typology of these accidents is specified.
Conclusion: the series makes it possible to recall that bariatric surgery is a major surgery, for which a prolonged preoperative assessment is necessary, calling on multiple specialists. The operative indication should only be asked in the event of failure of the medical care, after as exhaustive information as possible. Rigorous postoperative follow-up is necessary, given the current shortening of hospital stays and the seriousness of any complications, in this particular area.