The increase in frequency of bariatric surgery has been accompanied by an increase in litigation involving patients and practitioners in this emerging field. With much being written about the medical aspects of bariatric surgery, the legal and risk management perspective of these procedures is now getting increased attention. This article examines from a legal and risk management perspective the issue of patient selection, informed consent, postoperative management, the use of promotional materials and other issues that can result in a doctor or facility being sued.