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
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.