I've just been reading some articles about this case
, and I can't get my head around it at all.
The article in Australian Doctor
on the case also says:
The court heard evidence that Mr Almario, who also suffered diabetes and had a history of alcohol problems, had repeatedly failed to follow health and management advice from his previous doctors. He had previously been referred to a specialist weight control clinic but success in managing his weight was only short term.
The key aspect of the court's judgement was that although Dr Varipatis had raised the possibility of bariatric surgery with Mr Almario, the GP was insufficiently "proactive" in managing the patient.
The judge said: “...I am satisfied that given Mr. Almario's previous failed attempts to lose weight by conservative means, a more dramatic or robust intervention was required, especially because of the knowledge of Dr Varipatis about bariatric surgery. And I find that it was negligent for Dr Varipatis not to have made this referral by about the middle of 1998.”
Justice Campbell added: “[It] was not sufficient simply to make the option known to Mr Almario, for what it’s worth, and then leave him to take it or leave it, which I find Dr Varipatis did. More pro-active involvement was required.”
Granted there probably is more to this than reported, but how pro-active do you expect your GP to be? Is it enough that they run through options, or should they be firmly prodding you towards what they recommend?