C. Rouge et al., STANDARDS OF CARE IN LAPAROSCOPIC SURGERY - THE PARTICULAR CASE OF CHOLECYSTECTOMY, Journal de chirurgie, 134(9-10), 1997, pp. 449-454
Legal suits against visceral surgeons have increased since the advent
of laparoscopic surgery. The duties of physicians have not however cha
nged with the development of laparoscopic techniques. Since the decree
promulgated in 1936, physicians have a legal commitment to provide th
e means required for patient care. This obligation has been recalled i
n different court judgements and in the new deontology code. In additi
on, jurisprudence tends more and more towards responsibility without r
isk. Laparoscopic cholecystectomy is nor risk-fee. Although morbidity
and mortality have not risen with laparoscopic procedures, the types o
f complications encountered have changed. Reported accidents have beco
me more frequent. The number of suits against surgeons has also increa
sed. Surgeons must therefore be highly prudent and diligent. Precautio
ns concerning personnel management, the choice of material and its upk
eep. Special care must be given to the peroperative pneumoperitoneum a
nd the use of monopolar electrocoagulation. A peroperative cholangiogr
am should be obtained. A careful operative report is a very important.
The surgeon must be able to justify his competence. Finally, the surg
ical community should publish more results concerning the rate of comp
lications in order to establish reference material for experts.