title: Comparing 20 years of national general surgery malpractice claims data: obesity versus morbid obesity.
abstract: BACKGROUND
  We hypothesized that the increasing body mass index of the population has affected general surgery malpractice claims.
  
  
  METHODS
  We queried the Physician Insurers Association of America database from 1990 to 1999 (ie, period 1) and 2000 to 2009 (ie, period 2) for claims associated with obesity and morbid obesity. We analyzed the error involved, injury severity, procedure, and outcome.
  
  
  RESULTS
  Five hundred seventy-five claims were identified. The percentage of paid claims did not differ by body mass index. Improper performance was the most common alleged error, gastric bypass was the most common procedure, and death was the most common injury. For obesity claims, the case was more likely to be settled in period 1 and withdrawn/dismissed in period 2 (P < .001). The number of morbid obesity claims rose from 9 in period 1 to 249 in period 2.
  
  
  CONCLUSIONS
  The significant rise in morbid obesity claims between periods is likely caused by the substantial increase in the number of bariatric procedures performed.
authors: Department of Surgery, Loyola University Medical Center, 2160 S First Ave, Maywood, IL 60153, USA.
authors: Cynthia E
authors: CE
authors: Weber
authors: Lindsay J
authors: LJ
authors: Talbot
authors: Justin M
authors: JM
authors: Geller
authors: Marissa C
authors: MC
authors: Kuo
authors: Philip Y
authors: PY
authors: Wai
authors: Paul C
authors: PC
authors: Kuo
mesh_terms: D015992:Body Mass Index; D016009:Chi-Square Distribution; D005260:Female; D015390:Gastric Bypass / Q000401:mortality*; D006801:Humans; D007351:Insurance, Liability / Q000191:economics; D008297:Male; D008318:Malpractice / Q000191:economics*; D009765:Obesity / Q000401:mortality / Q000601:surgery*; D009767:Obesity, Morbid / Q000401:mortality / Q000601:surgery*; D012307:Risk Factors; D014481:United States / Q000453:epidemiology