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Practice Points

• Morbid Obesity is a disabling medical condition with a considerably reduced life-expectancy
  
  
• Substandard patient selection and inadequate disclosure should be considered for litigation strategy
  
  
• Contraindications to bariatric surgery
  

  1. Less than 100 lb overweight
  2. Organic cause for obesity
  3. More than 50 years old
  4. Serious underlying disease
  5. Psychiatric disorder, particularly
  .... a. alcohol/other substance abuse
  .... b. depression
  6. Misguided motivation for surgery
  7. Poor follow-up support system
  8. Inadequate trial of medical therapy
  9. History of gallstones or cholecystitis

• Prejudice and psychiatric problems commonly interfere with medicolegal assessment and prosecution of litigation