Our malpractice lawyers represent patients who suffer serious complications from bariatric weight loss procedures, including gastric bypass surgery. Injuries caused during the procedure or conditions not timely diagnosed after the procedure can lead to deadly results. We help patients who suffer serious harm during and after surgery.
In 2017, there were 228,000 people in the United States who underwent some form of bariatric surgery. The types and methods of procedures change over the years but these procedures are most often performed by a general surgeon. The average cost of gastric bypass surgery in the U.S. was $25,000 in 2019. Many surgeons devote their entire practices to weight loss surgeries.
The most common types of bariatric surgery are:
- Gastric sleeve, or sleeve gastrectomy
- RYGB, or Roux-en-Y gastric bypass
- Lap Band
- BDB-DS, or Duodenal Switch
- Revision
- Balloons
Many surgeons now have specialty training for weight loss surgeries and commit their entire professional practice to these surgeries. Most are done laparoscopically today.
- When can you sue for a gastric bypass surgery mistake?
- Common risk factors associated with weight loss surgery
- Common types of bariatric surgery malpractice
- Gastric bypass surgery lawsuit settlement example
- Statute of limitations for surgery malpractice lawsuits
When Can You Sue for a Gastric Bypass Surgery Mistake?
There are risks involved in every medical procedure and not all poor results are due to medical malpractice. A lawsuit can only be filed when there is a medical error or mistake that caused your injury. These errors can occur during the surgery itself or due to the lack of proper monitoring after the surgery.
Our experienced medical malpractice lawyers will review your medical chart and determine whether your injury was the result of negligent treatment or just a normal risk or complication of your procedure. The fact that you signed a Consent to Surgery does not relieve the medical providers of liability if your injuries were due to medical negligence.
Common Risk Factors Associated With Weight Loss Surgery
The death rate from bariatric surgery is alarmingly high compared to other procedures. Additionally, the number of people who suffer serious injuries due to negligence during surgery and survive those injuries is even higher. These are dangerous operations, and the medical professionals who perform them know it.
Common risks associated with bariatric surgery include:
- Infections
- Heart failure
- Respiratory arrest
- Uncontrollable infection
- Blockage of major arteries
- Kidney failure
- Permanent injury to the digestive tract
- Bleeding
- Gallstones
- Gastritis
- Vomiting
- Diarrhea
- Nausea
Common Types of Bariatric Surgery Malpractice
Common medical errors and mistakes resulting in gastric bypass malpractice include:
- Inexperienced surgeons performing the procedure
- Causing an injury during the surgery, like a perforated bowel
- Failing to diagnose and properly treat leakage of gastric fluid
- Failure to diagnose and treat pulmonary embolism post-surgery
- Failure to diagnose and properly treat gastric bleeding
- Performing surgery on patients who are at high risk for fatal complications
- Failure to properly monitor patients after surgery
Gastric Bypass Surgery Lawsuit Case Study
A 55-year-old woman underwent gastric bypass weight loss surgery at a Michigan hospital. She was admitted to the hospital after surgery. She was discharged home the next day despite having significant abdominal pain.
Upon returning home, her pain persisted so her son took her to a local emergency room. A CT scan showed a leak in the surgical area. Due to complications, she died two days later.
We filed a wrongful death lawsuit for the family. After taking depositions, the case settled for a confidential amount at the insistence of the hospital.
Statute of Limitations for Surgery Malpractice Lawsuits
In Michigan, you must file a medical malpractice lawsuit within two years of the date of the malpractice. The period can be extended in cases involving the death of the patient.
If you miss a deadline, your claim will be lost forever. To avoid these severe consequences, you should contact the attorneys at Buckfire Law immediately.
Get Help from the Best Michigan Medical Negligence Lawyers
Patients harmed by medical malpractice should contact the lawyers at Buckfire & Buckfire, P.C. to discuss their case. We will get all of your medical records and determine if you can file a lawsuit against your surgeon or the hospital. If you have a case, we will start working on it immediately.
We do not charge any legal fees unless you get a settlement.
We also pay all of the case costs. If your case is unsuccessful for any reason, you owe us nothing.
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