Bringing a Medical Malpractice Claim for Weight Loss Procedures

If you have struggled with weight loss, and dieting just has not given you the results you need, you may have turned to a more drastic weight loss measure like gastric bypass, gastric banding, or other forms of bariatric surgery (surgery for weight loss). Bariatric surgery has become an increasingly common procedure, however, and with an increase in the number of bariatric surgeries has come an increase in the number of bariatric medical malpractice cases.

Gastric bypass surgery involves rerouting how the small intestine is attached to the stomach. Gastric banding involves the placement of a band around the stomach to decrease the amount of food which can fit in it. Given how invasive both procedures are, complications can be deadly if the patient does not receive immediate medical attention, and can include blood clots, gallstones, intra-abdominal hemorrhage, nerve damage, neurological damage, infection, sepsis, and other life-threatening issues. Common causes of bariatric medical malpractice include:

  • A doctor fails to respond immediately to complaints about problems after surgery.
  • Post-operative leaking that results in infection.
  • Improper surgical technique
  • A doctor fails to properly monitor your post-operative recovery.

With bariatric surgery, there are some standard pre-operative procedures that all medical practitioners should follow but often don’t, including doing a proper pre-operative evaluation, where patients are evaluated for certain risks that could complicate their surgery, like hypothyroidism, adrenal tumors, pulmonary and cardiac issues, and to assess whether they have any infections. It is also important for Hospitals and Surgical Centers to make sure that the surgeons who perform bariatric surgery are properly trained in performing the surgical procedure. Finally, hospitals performing bariatric procedures should have special equipment on hand that meets the needs of bariatric patients, who are often heavier in weight than other patients.

Failure to undertake any of these pre-operative precautions can have catastrophic results for patients. However, simply experiencing a significant medical issue is not, in and of itself, enough to bring a bariatric surgery medical malpractice claim. You need to have an experienced personal injury attorney by your side who can help you prove that your doctor acted negligently in regards to your bariatric surgery, and that the doctor’s negligence was responsible for causing your injury.

Damages from a medical malpractice lawsuit can help you cover your existing and future medical bills. They can also compensate you for the very real suffering you have experienced, as well as any lost wages or other work opportunities you have missed out on as a result of the medical malpractice. In the event the malpractice has caused the death of your loved one, you may be able to file a wrongful death lawsuit that allows you to recover the financial losses your family has experienced, including lost wages, funeral costs, and medical bills of your loved ones, in addition to compensation covering their pain and suffering and other damages.

At Scaffidi & Associates, we firmly believe that no one deserves to suffer because of a doctor’s mistake, and we will fight for the justice and compensation you and your family deserve. If you have questions, contact our offices today.

Posted in: Medical Malpractice


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