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Weight Loss Surgery: New Year’s Resolutions and Complications

- January 29, 2018

Weight Loss Surgery - Medical MalpracticeWe are well into the new year of 2018: did you make a New Year’s resolution? According to the online polling website YouGov, two out of three Americans do, and the top resolution that people make is to lose weight. Though eating better and exercising more are the safest and most-frequently followed pathways to weight loss, some people opt for weight loss surgery, which is usually accomplished either through an adjustable gastric band, a sleeve gastrectomy or gastric bypass. Though these surgeries are increasingly common that does not necessarily mean that they are always safe. There have been many instances in which people have suffered severe injuries or even died as a result of complications due to medical malpractice.

When patients opt for weight loss surgery, they are asked to sign numerous forms acknowledging that the procedure is inherently dangerous. Though these forms are intended to protect surgeons and medical facilities from being sued in case something goes wrong during the surgery, a signature does not give them permission to act negligently. Healthcare professionals are expected to perform with a degree of care at all times when providing medical care, and if their actions are deemed substandard, reckless or careless, it is considered medical malpractice. They can be held legally and financially responsible for the harm that they do.

There are a number of common injuries suffered by weight loss surgery patients that are indicative of medical malpractice. These include:

  • Failure to respond to reports of patient pain, leading to patient injury, illness or death
  • Failure to advise a patient against the surgery as a result of pre-existing conditions that add risk
  • Failure to diagnose postoperative infections or bleeding leading to patient injury or death
  • Postoperative leakage
  • Failure to treat postoperative leakage
  • Intra-abdominal hemorrhage
  • Gallstones
  • Bowel obstruction
  • Stomach perforation

Failure of a weight loss surgery to provide you with the weight loss you had hoped for does not constitute medical malpractice: patients have a responsibility to adhere to doctor’s orders and even an operation does not provide a magical effect: losing weight is still hard work. But if the doctor fails in his medical technique or in some other way falls short of the level of care that is expected as standard from others in the field, they can be held responsible for any resulting damage or loss.

If you or someone you love has been hurt as a result of medical malpractice, the attorneys at Jonathan Perkins Injury Lawyers can help. Call us today to set up an appointment to discuss your situation.

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