Medical negligence news

Always check options before overseas weight loss treatment

August 2010: It is reckoned that 50% of Europeans are overweight or obese.  So together with national governments, the European Union is looking at ways to persuade those with a weight problem to take up healthy lifestyles.

But in some cases medical or clinical help is needed to deal with potentially dangerous excess weight, and part of the EU's initiative is to evaluate treatment across Europe and determine where best practice might be found.

In many cases of clinical obesity, state healthcare or insurance may pay for surgery. But for the vast majority of those who are overweight, neither state nor privately insured healthcare will pay for weight loss surgery or weight reduction programs. As a result a global industry has already grown up to help with weight loss. 

However, clinical standards are sometimes a problem, as they are in other areas of 'medical tourism'.  In other cases some countries can offer lower price procedures while still maintaining high clinical standards.  It is for the patient therefore to undertake research for him or herself as to which of the services offers good clinical practice as well as low price.

Michelmores' head of clinical negligence law, Laurence Vick, is one of the leading lawyers working in this field.  He was recently asked to speak at an international conferences on medical tourism in Opatija in Croatia and the Destination Health Show at Olympia in June.

'As a lawyer who has to deal with the things that go wrong I wouldn't want to imply that all overseas medical treatment is to be avoided,' says Laurence Vick.

'There is no suggestion that all clinics abroad have dubious clinical standards.  There is no reason why a clinic anywhere shouldn't have as high or higher standards than in the UK.  But surgery here is closely regulated and so we hope that poor standards or unwanted practices are usually nullified.  That is the theory if not the reality.

'That is also the case in many other countries, which is a point I made to my audience in Croatia and London.  But it remains the case that too many patients leave the UK for treatment abroad in clinics and in countries where clinical standards may not be as high as here.

'In all cases patients must approach any such project with the same care that they would hopefully take when considering medical treatment in this country.  At all costs avoid seeing it simply as a holiday with a bit of treatment thrown in.

'Losing weight whilst saving money and in a nice part of the world seems like the perfect solution for people with weight issues, but this is no way to gamble with your health.  Bariatric weight surgery is major surgery with risks and complications even in the best hands.  Many of the known complications result from the patient's existing obesity - related problems.'

'Complications of bariatric procedures including gastric bypass and other weight loss surgery  include leaks, intra-abdominal abscess, bowel obstruction, major airway events, organ injury and pulmonary embolism.  In a US study of 100 malpractice claims against bariatric surgeons 32% involved an intra-operative complication and 72% of the patients required further surgery; evidence of potential negligence was identified in 28% of the 100 cases of which 82% resulted from a delay in diagnosis and 64% from misinterpreted vital signs.'

Laurence Vick emphasises the key points any potential patient should consider:

- Choose a clinic which gives you confidence and which provides all the information you need without your having to prise it out of them.

- Make sure the surgeon is properly registered and a specialist in the treatment you need.

- Medical treatment involves more than just surgery.  Make sure you know how you will be treated from arrival to departure and what kind of follow-up care you will receive.

- Look at all the options, and make sure you choose one with which you are perfectly happy, and not just because it's the cheapest.  If you can't find one which truly reassures you, keep looking.  Don't be influenced by special offers, especially the ones which try to hurry you into a decision before the cut-off date.

It is estimated that at least 70,000 patients from the UK travel abroad for a range of treatment.  No data is available for the rate of failure and complications or the number of cases in which corrective treatment is required. The NHS is reluctant to rectify failed overseas treatment and the view taken by individual health Trusts in the UK is not consistent. 

Created: 08/08/2010
Categories: Cosmetic surgery