Are you someone who struggles with weight loss as a life-long challenge? It can feel frustrating to change your diet and exercise consistently, only to experience subpar results from your efforts.
Obesity can have a domino effect on many areas of your overall health. As a result, some doctors recommend weight loss surgery for patients who cannot lose the extra weight.
Even though many patients are successful with bariatric surgery, there are potential risks of undergoing this major surgery. If you’ve been injured by weight loss surgery, then our team is here to offer the legal support you need.
Weight Loss Surgery: The Risks and Complications
The most common type of weight loss surgery is known as bariatric surgery. There are various methods to complete this surgery, with the ultimate goal of helping a person lose weight.
Three of the most common types of weight loss surgery include:
- Gastric Bypass Surgery: A surgical technique restricts the volume of food you can consume by dividing the stomach into smaller pouches. The small intestine is connected to the new stomach pocket, so the food bypasses part of the digestive system.
- Gastric Band Surgery: They use a similar technique for gastric band surgery. Instead of cutting the stomach, this surgery uses an inflatable device placed around the top area of the stomach. The band creates a small pouch, limiting the amount of food that the patient can eat at once.
- Gastric Sleeve Surgery: Another common type of bariatric surgery is known as sleeve gastrectomy. With this method, part of the stomach is removed completely, leaving a narrow tube as a smaller stomach.
With all of these surgeries, the goal is to decrease the amount of space in the stomach to store food. When the stomach is smaller, it decreases the person’s appetite, reduces caloric intake, and results in weight loss.
Bariatric Surgery Malpractice
This surgery is elective, and many people choose to undergo bariatric surgery to manage their weight. While most patients experience an expected outcome, there are potential risks with any major surgery. When you are going under the knife, you might have negative consequences.
Sometimes, bariatric surgery patients experience complications because they aren’t suitable candidates for the procedure. Other times, the person doesn’t follow the recommended instructions when recovering from the surgery. Finally, medical malpractice is another risk, which means that the doctor’s negligence causes injury to the patient.
A worst-case scenario is that the complications after surgery result in a life-long injury or even death. When a doctor’s negligence results in injury or death, then it’s time to talk to a medical malpractice lawyer about potential legal support.
Examples of Weight Loss Surgery Malpractice Claims
Each situation is unique, which is why there isn’t a one-size-fits-all solution for medical malpractice issues. Your attorney can offer personalized advice and recommendations to help with financial compensation and other support you need for recovery.
Here are a few examples of medical malpractice claims:
- Complications because a doctor didn’t provide sufficient information or support for the patient’s recovery
- A doctor doesn’t address a patient’s complaints or concerns, resulting in health issues
- Bowel blockages
- Heart problems
- Severe pain and other related symptoms
- Excessive injury or harm that isn’t typical from this type of surgery
- Lifetime disability
Building Your Medical Malpractice Claim
Just because you experience complications after bariatric surgery doesn’t mean that you have a malpractice case to file. The best course of action is to talk to a medical malpractice attorney to discuss your individual situation.
Our team has experience with various types of medical malpractice. We will help you build a case to maximize the amount of compensation and support that is available. Most bariatric surgery cases fall into these categories:
- Leakage of the Surgical Site: It’s not normal to experience leakage after bariatric surgery. If you are experiencing symptoms of leakage, then you need immediate medical support to prevent infection. You might have a malpractice claim if the doctor’s error is the cause of this leakage.
- Poor Candidate for Surgery: A patient’s pre-existing health condition plays a vital role in the success of any major surgery. Doctors need to consider the person’s health conditions and take this information into account when deciding whether to recommend bariatric surgery. One potential reason for malpractice is if a doctor performs the surgery on a high-risk patient – such as someone with lung or heart issues.
- Education About the Risks: Each patient has the right to informed consent, which means that the doctor needs to provide adequate information about the potential risks of this surgery. If the doctor performs the procedure without a thorough explanation for these risk factors, then it could be grounds for a malpractice lawsuit.
- Treatment for Complications: Just because you have complications after surgery doesn’t mean that it’s malpractice. The issues arise if the doctor doesn’t provide appropriate treatment to address these complications. Examples include prescribing the wrong medication, neglecting post-surgery follow-up or treatments, or ignoring the patient’s complaints.
Ultimately, the most critical factor in the malpractice suit is determining whether a doctor was negligent in their services. If injuries happened because of the mistakes or negligence of a healthcare provider, then an attorney can help with your medical malpractice lawsuit.
What to Expect: Complications for Medical Malpractice
Did a doctor’s negligence cause complications after your surgery? Then you might be entitled to a financial payout. Hiring an experienced medical malpractice attorney increases the likelihood you will be able to access an available monetary award.
This compensation can cover a variety of costs relating to your health complications. For example, your settlement can include money for:
- Medical expenses reimbursement
- Pain and suffering
- Lost wages
- Inability to work
- Loss of enjoyment of life
- Emotional harm
- Wrongful death (paid to the family)
Schedule a Consultation to Talk to an Experienced Attorney
Do you have a solid case for medical malpractice? Then, talk to our knowledgeable team to learn more about the legal actions you can take for possible monetary compensation. Schedule a consultation with Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. by calling our office: (504) 522-2304.