Bariatric Surgery Lawsuits

Obesity is a common condition in the U.S. and across the world.  When a person is obese, he or she may suffer from such medical problems like kidney disease, heart disease, high blood pressure, diabetes and more.  In these cases, surgery may be the only option to save an obese person’s life.

Undoubtedly, many who suffer from obesity try all types of measures to lose weight, including modifications to their diet and exercise.  While some have been successful, many people often regain the weight that they lost.  Most often, diet and exercise alone may not help an obese individual lose the weight.  More often than not, patients have little to no success with diet and exercise alone.

In light of the above, those who struggle with obesity may pursue bariatric surgery, which is a weight loss surgery that reduces the amount that the stomach can hold in order to cause a person to experience extreme weight loss.  We have all heard of heard of success stories, especially on the television, where an individual with trouble losing weight is able to shed hundreds of pounds. While bariatric surgery has helped many people across the United States lose weight and improve their overall health, it is not without its risks and may not always be practical.

Specifically, there may be dangerous side effects associated with this procedure that amount to medical malpractice, while other times, they are just a result of the surgery being ineffective for the patient.  If a person believes that they suffered from complications from bariatric surgery, they should consult a medical malpractice attorney to ascertain whether it is associated with medical malpractice. Only an attorney has the skills and resources necessary to provide a prospective client with information as to whether they have a case, or if the case simply amounts to an ineffective surgery.

The Types of Bariatric Surgery Procedures

Bariatric surgery enables a person to lose a substantial amount of weight.  Keep in mind that a bariatric surgical procedure is not appropriate for a person wishing to lose ten pounds or less.  Alternatively, it is meant for those who wish to lose 50 pounds or more.

There are a few surgical options to help a patient attain his or her weight loss goals, which include the following:

• Gastric bypass – during this type of procedure, a surgeon will create a smaller section close to the top of the stomach, and then staple the bottom portion of the stomach and the upper portion of the duodenum, as these parts will no longer be used to take in nutrients from food. Afterwards, the surgeon will then connect the new smaller part of the stomach to the small intestine, which bypasses the part of the stomach that was stapled by the surgeon.  This means that a person who undergoes this type of surgery now has a stomach that can only hold about one ounce of food per meal, which facilitates the weight loss process.
• Gastric banding – during this procedure, a surgeon will place a band around the upper part of the stomach, which means that there are no staples used during this procedure. Based upon the patient’s needs, the band may be adjusted to enable food to pass through the patient’s stomach more rapidly or slowly.
• Sleeve Gastrectomy – this procedure involves the removal about 80 percent of the stomach. The procedure results in a sleeve being left behind resembling a banana.  Candidates for candidates for this surgery include those with a body mass index of 40 or greater who have a have obesity-related conditions such as type 2 diabetes, high blood pressure, and obstructive sleep apnea.
• Biopancreatic diversion – this is a lesser known procedure where a surgeon performs a gastrectomy. However, instead of connecting the stomach to the small intestine which is performed in a sleeve gastrectomy, he or she bypasses the majority of the intestines. This results in the limitation of many nutrients the body can obtain, which in turn limits the amount of fat that the body can absorb.

Those Who Are Not Proper Candidates for Bariatric Surgery

Individuals who are not  proper candidates for bariatric surgery may be those with preexisting health conditions which include, without limitation, heart disease, lung disease, a family history with certain medical conditions, or other risk factors that could lead to lung or heart issues.  As mentioned above, bariatric surgery is not appropriate for those who have less than 50 pounds to lose.  Most often, bariatric surgery is geared towards those who suffer from obesity.

The Risks of Having Bariatric Surgery

As with any type of surgery, surgical errors may occur.  Bariatric surgical procedures are associated with several risks, which include, without limitation, the following:

• Infection of the stomach, intestine, or the general surgical area
• Severe internal or external bleeding
• Issues with having received general anesthesia
• Blood clots that can result in an embolism
• Leakage of lung tissue or the stomach resulting from the staples
• An infection in any of the areas where the surgery was performed or on the intestine or stomach
• Breathing trouble or lung issues
• Leakage of intestinal or stomach fluid from the staples
• Obstruction of the intestinal tract or stomach that can reach into the bowels
• Herniated tissue in the area of the surgery
• GERD, also known as Gastroesophageal reflux disorder
• Hypoglycemia, or low blood sugar
• Malnutrition due to not receiving a sufficient amount of nutrients
• Vomiting due to the fact that a person is having trouble eating food
• Although extremely rare, death may occur.

After having had bariatric surgery, a person may not experience extreme weight loss as he or she had hoped.  This may be due to the fact that he or she did not follow a food plan as prescribed by his or her doctor.  It may also be caused by the food that a person consumed after surgery (such as highly fattening fast food).  Accordingly, the patient must make major lifestyle changes that are recommended by nutritionists and doctors in order for the bariatric surgery to be effective.

The Goals of Bariatric Surgery & Medical Malpractice

If successful, bariatric surgery can dramatically improve the quality of one’s life due to extreme weight loss. As noted above, it is critical that a patient follow the recommendations of his or her doctor after surgery and that he or she follows a certain routine in order to render the surgery successful.

While weight loss surgery is often successful, there are times where complications can occur, resulting in harm and injury to a patient.  Such harm or injury can result in a complication during surgery or a post-surgical condition that was not properly diagnosed.  This may cause a person to sustain additional harm due to the procedure.  When such doctor fails to follow a standard of care owed to his or her patient, he or she may be subject to a malpractice claim for the resulting harm.

How Medical Malpractice Can Occur Following Bariatric Surgery

Many different scenarios point to malpractice following bariatric surgery and oftentimes, determining whether malpractice occurred may be more complex than simply pursuing litigation of a case.  There are several things that could result in malpractice, which include, without limitation, the following:

• As noted above, not every patient is a good candidate for bariatric surgery. Specifically, a patient must satisfy certain criteria provided by the American Society of Metabolic and Bariatric Surgery.  If a doctor failed to ensure that his or her patient met these criteria, he or she could be sued for malpractice.  Moreover, certain medical conditions such as heart or lung disease may make a patient ineligible for bariatric surgery.  If a doctor pursues surgery on a patient who has a serious preexisting condition such as the aforementioned, he or she could also be faced with a medical malpractice suit.
• Leakage is another way in which medical malpractice could be pursued. In this view, it is the responsibility of the surgeon to make sure that the entire surgical area is properly closed.  Specifically, there should be no leakage of food or acid from the surgical areas of the body.  If this condition occurs, it can cause a serious infection that can result in serious complications including death.  Note that not every case of leakage amounts to medical malpractice, as it could be caused by a patient failing to follow post-operative recommendations made by his or her doctor.  Notwithstanding, if leakage occurs and is not properly diagnosed, this may amount to medical malpractice.  Keep in mind that medical malpractice may also occur when a doctor fails to diagnose and address the following:
  • If leakage is suspected but not diagnosed, then it may give rise to a malpractice suit. Keep in mind that medical malpractice may also occur when a leakage results in a failure to diagnose and treat the following:
    • Peritonitis – this may occur after bariatric surgery which is serious and may be caused by leakage from the surgical area. Peritonitis is an inflammation of the membrane that lines the abdominal cavity of the abdomen, thereby covering the organs of the abdomen.  This condition requires immediate medical intervention to treat the infection and any underlying medical condition. The treatment of peritonitis typically involves medication such as antibiotics.  In other cases, surgery may be necessary. Without treatment, this condition can result in a serious and life-threatening infection.
    • Sepsis – this serious medical condition can occur when an infection spreads to the bloodstream, which is often caused when a patient who received bariatric surgery experiences a post-operative leakage. This can lead to septic shock, which is where the patient experiences a dangerous low blood pressure reading.  Septic shock can result in serious medical complications and affect the brain, lung, kidneys, ears, and may even cause death.  Sepsis can also cause rapid breathing and decreased oxygen in the blood.
• Removing too much of the stomach or intestine are other ways in which medical malpractice may arise. It there isn’t a sufficient amount of the intestine or stomach to connect back up, this may result in malnutrition.  If not treated, the patient may starve and ultimately die.
• Malpractice may occur due to bariatric surgery may include difficulty breathing, blood clots, excessive amounts of pain, blood clots that turn in to embolisms, and kidney stones.
• Leaving surgical equipment in a person’s body during surgery may amount to medical malpractice. The amount of money it takes to remove the hardware and recover may be included as damages in a malpractice suit.
• The lack of vitamin and nutritional support following surgery, which can include various complications which include, without limitation, the following:
  • Peripheral Neuropathy or Polyneuropathy – peripheral neuropathy or polyneuropathy is damage to the nerve that results in numbness or tingling in the feet, hands and other parts of the body, and burning pain. Vitamins B12, B6, B1, and E are critical for the function of the nerves, and deficiencies thereof can result in serious damage to nerve tissue. According one study conducted by the Mayo Clinic conducted of over 400 people, about 16 percent thereof who had bariatric surgery developed peripheral neuropathy.
  • Wernicke’s encephalopathy/Korsakoff Syndrome – bariatric surgery may also cause this condition, resulting in memory loss and other serious neurological problems. This condition is a degenerative brain disorder that is caused by a lack of Vitamin B1 (thiamine).  Specifically, Korsakoff’s syndrome are different stages of the same condition.  Wernicke’s encephalopathy pertains to the acute stage of the disorder, and Korsakoff’s syndrome pertains to the chronic stage of the condition. Should there be a persistent lack of Vitamin B1, Wernick’s will develop. If not treated immediately, it could develop into Korsakoff’s syndrome. Symptoms of Wernick’s/Korsakoff syndrome are short term memory loss, confusion, memory loss, vision loss, and a loss of muscle coordination.  Without being treated, a person could die.
  • Additional nutritional deficiencies. Besides a lack of Vitamin B1, patients who undergo bariatric surgery may develop deficiencies in copper, B12, phosphate, iron, folate, calcium, riboflavin, thiamine, and Vitamins A, K, and E.  This can lead to permanent nerve injury, a loss of memory, and other neurological complications. Patients who have had bariatric surgery must be monitored carefully so that they do not develop harmful deficiencies of the aforementioned.

Establishing a Medical Malpractice Case

Establishing medical malpractice is no easy task.  Specifically, the court expects the party who was injured to show the following:

• The injured individual must establish that he or she had a relationship with the accused, which means that he or she worked with the accused before the injury occurred.
• The injured individual must be able to establish that there was aa type of care that he or she could reasonably expect under the circumstances and when the patient was evaluated by his or her doctor. This is known as the standard of care that a doctor owes to his or her patient.
• The injured individual must establish that the care he or she received did not satisfy the standard of care that he or she was owed. This occurred due to substandard care, which may result in a valid claim of medical malpractice.
• The party who was injured must be able to establish a nexus between the injury and the doctor. This allows the court to see that the doctor was the cause of the person’s injuries.

Keep in mind that evidence will need to be obtained for each step of the case so that the judge and jury can clearly see what happened.  From there, the jury and judge can render a decision as to guilt.  If there is a guilty verdict, they then determine the appropriate damages to award the injured party.

When a personal injury happens due to medical malpractice on the part of a doctor, there are three forms of damages.  However, one type, known as punitive damages, are not typically awarded unless an injured party can provide that the injury was intentionally inflicted or that the doctor fraudulently covered concealed the medical error.

In the majority of cases, the injured party can ask for monetary and noneconomic damages.  Monetary damages include, without limitation, the following:

• Loss of wages for the duration of time of the accident and the time required for recovery if the injured party was rendered incapable of working;
• Future wages if the party who was injured is unable to return to the same job due to the injury sustained;
• Medical expenses for further procedures needed in the future;
• The cost of prescription drugs taken by the party who was injured in order to facilitate the healing process;
• The expenses associated with medical equipment required to facilitate the process of healing; and
• The costs associated with travel to and from medical facilities.

Noneconomic damages include, without limitation, the following:

• Pain and suffering due to the injury sustained;
• Funeral expenses if there is a wrongful death;
• Money to compensate an injured person for a diminished quality of life;
• Loss of consortium, which is a form of damages that compensates an individual for the inability to do certain everyday tasks, such as doing laundry, caring for the house, or physically caring for young children; and
• Loss of guidance should a parent perish due to his or her injuries.

Pursuing a Bariatric Surgery Error Lawsuit

Given the above, the benefits related to bariatric procedures may, in some cases, not be worth the costs.  In other words, with an increased risk of medical malpractice, it is important to weigh the benefits and costs of having a bariatric procedure.  For any individual who has had a bariatric procedure and experiences complications, it may be the right time to contact a lawyer to help them determine whether they have a valid case for damages.  Specifically, an attorney can advise a person injured by bariatric surgery of their rights and options, answer all of their questions, and discuss what the court expects to see in medical malpractice cases. This way, both the injured party and his or her family (in the event of a wrongful death case) can determine whether it is worth it to pursue a medical malpractice case against the doctor who performed the surgery or other negligent parties.

In the U.S., individuals have the right to represent themselves in a medical malpractice suit.  However, this is highly discouraged, as courts often take lawyers more seriously than a person who is without legal experience.  Specifically, it is recommended that a person hire an attorney, as said legal advocate knows the ins and outs of the courtroom, how to get their point across to a judge and jury, and is experienced in handling all other aspects of a medical malpractice suit related to a bariatric surgery.

Discuss Your Claim with Our Bariatric Surgery Malpractice Attorneys Today

Bariatric surgery often leads to successful outcomes where patients are able to shed a substantial amount of pounds and thereby improve their quality of life.  In other words, bariatric surgery may save a person’s life.  Surgeons who perform bariatric surgery are usually highly qualified, however, they may make mistakes that result in medical malpractice. Medical malpractice, as noted previously, can cause severe injuries and even fatalities, resulting in compensation owed to a patient who sustained harm or their family, should a wrongful death case be pursued.

If you or someone you love experienced complications associated with bariatric surgery, it is critical that they contact a skilled bariatric surgery medical malpractice lawyer as soon as possible.  An attorney will answer all of your questions and guide you through each stage of your case. Only an attorney has the skills and resources necessary to fight for your legal rights and interests.  Do not wait to file your case, as your time is limited in accordance with state law.