New York Gastric Bypass Lawyers
Weight loss surgeries vary in success rate and degree of safety. The most
commonly used weight loss surgeries are the adjustable gastric band surgery,
the sleeve gastrectomy, and gastric bypass. Of the three, the gastric
band and sleeve surgeries are by far the safest. While safe, these surgeries
also have the lowest rate of success, in terms of weight loss results.
The band and sleeve surgeries can both be neutralized if the patient over
eats, causing the band to snap or the staples to come out. Gastric bypass
has been consistently successful in helping patients lose weight. In terms
of safety, however, gastric bypass surgery comes with a great deal of risk.
Due to the nature of a gastric bypass procedure-whereby the small intestine
is attached to the patient's esophagus-the risk of serious complications
is much higher than in other weight loss surgeries. When a complication
occurs, the results can be catastrophic if the patient isn't treated
immediately. As a result, patients who have suffered a serious injury
following a gastric bypass surgery may be able to file a medical malpractice
lawsuit against the surgeon who performed their operation. At Queller,
Fisher, Washor, Fuchs & Kool, our medical malpractice lawyers have
been representing injured patients for over 50 years. We understand how
difficult life can be after suffering an injury an injury that could have
been avoided if not for a doctor's negligence. Our attorneys are committed
to helping our clients get their lives back on track by pursuing maximum
compensation for them in court.
Have you or someone you love suffered an injury following a gastric bypass
surgery? Do you believe your injury was the result of a doctor's negligence?
If so, you may have legal recourse. To see if you have grounds for a lawsuit,
call 212-406-1700 or
contact us online for a free consultation.
Who Can File a Claim After A Gastric Bypass Surgery Related Injury?
Due to the fact that gastric bypass surgeries are inherently dangerous,
patients who have suffered an injury afterwards do not necessarily have
grounds for a lawsuit. In order to have a valid claim, the patient must
be able to prove that the doctor acted negligently before, during, or
after surgery. In order for a doctor to have acted negligently, they must
have owed a duty of care to their patient. A duty of care is a legal obligation
individuals have to act with a certain degree of care when performing
potentially dangerous activities. Doctors are legally obligated to use
the same degree of care when treating a patient that another doctor in
the same field would use. When a doctor fails to uphold the accepted standard
of care in their field, they have breached their duty to their patient.
A doctor's breach of duty is considered negligence. Furthermore, the
patient must be able to prove that the doctor's negligence was directly
responsible for their injury. In addition to proving negligence and causation,
injured patients must have suffered either economic or non-economic damages
to have a valid case.
Patients who have suffered a gastric bypass related injury may have grounds
for a lawsuit if any of the following occurred:
- Postoperative leakage
- The doctor failed to diagnose postoperative infections or bleeding
- The doctor failed to respond to a patient's complaints of pain, leading
to serious injury or death
- The patient suffered an intra-abdominal hemorrhage
Weight Loss Surgery Wrongful Death Lawyers
When a patient dies following gastric bypass surgery, their family members
may be able to file a wrongful death lawsuit on their behalf. A deceased
patient's family can receive compensation for both economic and non-economic
damages in a wrongful death lawsuit. Economic damages that a victim's
family may be able to receive include lost wages, funeral costs, and medical
bills incurred before death. Non-economic damages families may be eligible
to receive compensation include but are not limited to, the deceased patient's
pain and suffering before death, loss of consortium, and loss of parental
guidance. At Queller, Fisher, Washor, Fuchs & Kool, our wrongful death
attorneys realize they cannot cure the emotional pain caused by the loss
of a loved one. As a result, we do everything in our power to help ease
the financial burden placed on victims' families. We have secured
a number of favorable verdicts and settlements for the families of deceased
medical malpractice victims; including a recent settlement for $3 million
for a 36-year-old woman who died from complications with her gastric bypass surgery.
Has someone you love died from complications during or shortly after having
gastric bypass surgery? If so, you may be entitled to compensation through
a wrongful death lawsuit. For a free consultation with our wrongful death
lawyers, call 212-406-1700 or contact us online. Queller, Fisher, Washor,
Fuchs & Kool will review your claim to see how they may be able to help you.