Have you been Injured Due to Complications Related to Gastric Bypass Surgery?

Gastric bypass medical malpractice in New York can be a serious issue.  The success rate and degree of safety of weight loss surgeries can vary greatly.  Of the different types of weight loss surgeries adjustable gastric band surgery, the sleeve gastrectomy, and gastric bypass are the most common.  Of these surgeries, gastric band and sleeve surgeries are the safest, however they have the lowest rate of success when it comes to weight loss results.  Gastric bypass carries a great deal of risk, however it is the most successful when it comes to weight loss.

Gastric bypass surgery is where a small intestine is attached to the esophagus.  Given this, the risk of serious complications is higher than with other weight loss surgeries.  Should complications occur, there can be catastrophic results if the patient doesn’t receive immediate treatment.

Since gastric bypass surgery is inherently dangerous, a patient who has been injured afterward will not necessarily have the grounds to commence a lawsuit.  To have a valid claim, an injured patient will need to prove that the doctor acted negligently before, during, or after the surgery.  In order to have negligence, the doctor must have owed a duty of care to the patient.  A duty of care is a legal obligation to act with a certain degree of care when they are performing activities that are potentially dangerous.  Doctors have a legal obligation to use the same degree of care treating a patient another doctor would use in the same field.  The failure of a doctor to uphold the standard of care means they have breached their duty to the patient and this is considered negligence.  Additionally, the patient will need to prove that negligence was directly responsible for their injury as well as suffered either economic or non-economic damages.  If you have suffered an injury related to gastric bypass, you may have a legitimate claim if:

• You experienced postoperative leakage
• You developed gallstones
• The doctor failed to diagnose any postoperative bleeding or infections
• The doctor failed to respond to your complaints of pain, and you suffered serious injury
• You suffered an intra-abdominal hemorrhage

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com.  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.