The "No-Fault" Principle in the Context of the Compensation System for Patients Affected by Bariatric Surgeons' Medical Services.

<b>Introduction:</b> The high risk associated with bariatric procedures prompts an analysis of the civil liability of bariatric surgeons towards patients. This liability may arise from medical errors, lack of appropriate patient consent, or insufficient information about possible procedure outcomes. The high risk of postoperative complications, independent of physician errors, makes bariatrics a particularly significant field for considering the "no-fault" principle.<b>Aim:</b> The aim of this paper is to demonstrate the need to introduce the "no-fault" principle into the Polish legal system in the context of medical services provided by bariatric surgeons. The adopted methodology includes a dogmatic-legal analysis of existing regulations and historical-legal and statistical methods, including data from the Supreme Medical Chamber regarding proceedings before professional liability committees.<b>Materials and methods:</b> The study employed the dogmatic-legal method, analyzing data on disciplinary proceedings and types of violations committed by surgeons in the years 2022-2023.<b>Results:</b> Analysis of statistics on disciplinary proceedings against bariatric surgeons and other specialists confirms that most complaints are unfounded, causing unnecessary stress for doctors and reducing the quality of medical services they provide.<b>Conclusions:</b> The current Polish compensation law is complicated and time-consuming, prompting consideration of the "no-fault" principle as an alternative. This principle would involve the creation of a compensation fund, from which payments would be made to patients upon the determination of a medical event by an appropriate committee. Implementing the "no-fault" principle aims to streamline the compensation process, eliminating the need for lengthy court proceedings. Compensation proceedings in connection with medical events are known to the Polish legislator, as they are provided for in the Act on Patients' Rights and the Patients' Rights Ombudsman. The training and certification system for bariatric surgeons indicates that their high qualifications and adherence to the principle of due diligence justify the introduction of the "no-fault" principle into Polish law, which would improve working conditions for doctors and the quality of patient care.