Compensation claims against private clinics in Oxfordshire for botched obesity surgery are set to rise if the NHS system for choosing who receives weight loss operations isn’t regulated soon, say Clinical Negligence experts at Withy King.
The NHS system for allocating who receives obesity surgery has been branded ‘inconsistent, unethical and completely dependent on geographical location’ by the Royal College of Surgeons and is driving obesity sufferers to undertake treatment with private surgeons who don’t have the correct training or facilities.
The RCS warning comes as the Medical Defence Union (MDU) releases figures showing a rise in the number of compensation claims by obese people who have suffered complications after private stomach operations.
Richard Coleman, a Partner in the Clinical Negligence team at Withy King Solicitors who specialises in obesity, said: “The current situation across Oxfordshire and surrounding counties means that there is a real postcode lottery when it comes to applying for weight loss operations on the NHS. Unfortunately, far too many Primary Care Trusts (PCTs) are short sighted in their approach to the treatment and the fact is that if obesity is left untreated it can develop into serious health issues in the future including diabetes, heart attacks and arthritis which will ultimately cost the NHS more.
“By having a structured approach with clear guidelines as to who is eligible for weight loss surgery it will ensure that the correct people are getting treatment. With the ‘postcode lottery’ that is currently in place we are finding an increase in the number of claims being made against private clinics which have perhaps performed surgery without the correct experience or facilities, after patients have been refused treatment by the NHS.”
One of Withy King's main concerns is that private clinics see the procedure as cosmetic surgery instead of a major medical procedure which requires specialist training, aftercare and psychological analysis.
“Weight loss surgery is incredibly beneficial to the right people but with private practices there will always be an element of financial gain – meaning that some patients are receiving the wrong treatment or aftercare to boost profit margins. The sooner the NHS regulates its criteria for deciding who receives the weight loss surgery the better the treatment will be for those who need it.”
