What Is Bariatric Surgery Malpractice?

Bariatric surgery malpractice refers to situations where a surgeon or healthcare provider fails to meet the appropriate standard of care during a weight loss procedure, resulting in harm or injury to the patient.

What are Bariatric Surgeries?

Bariatric procedures, including gastric bypass, sleeve gastrectomy, and adjustable gastric banding. They are complex surgeries that require a high level of skill, precision, and comprehensive patient care.

Elements of a Bariatric Malpractice Claim

For a bariatric malpractice claim to be successful, certain legal elements must be proven:

Duty of Care

The healthcare provider had a duty to provide care that met the medical standard expected of a reasonably competent professional.

Breach of Duty

The provider breached this duty by acting negligently, such as making surgical errors or failing to provide proper pre- or post-operative care.

Causation

The breach of duty must have directly caused harm to the patient. The patient must show that the injury or complication would not have occurred without the provider’s negligence.

Damages

The patient must have suffered measurable damages, including physical harm, additional medical expenses, lost wages, or pain and suffering.

Common Types of Bariatric Surgery Malpractice

Bariatric surgery malpractice can arise in several ways:

Surgical Errors

These errors can include accidental injury to internal organs, improper placement of surgical devices, or poor technique in forming the stomach pouch or bypass connections. Surgical errors can lead to internal bleeding, leaks, infections, and, in severe cases, death.

Inadequate Preoperative Evaluation

Proper preoperative evaluation is critical for ensuring the patient is a suitable candidate for bariatric surgery. If a surgeon fails to thoroughly assess the patient’s medical history, current health conditions, or psychological state, complications may arise during or after the procedure. For instance, patients with certain pre-existing conditions, such as heart disease or diabetes, are at higher risk for complications.

Postoperative Care Failures

Recovery after bariatric surgery requires close monitoring for complications such as infections, blood clots, or nutritional deficiencies. If healthcare providers fail to provide adequate follow-up care or neglect to recognize signs of complications, the patient’s health can be jeopardized. For example, a failure to detect a gastric leak or infection promptly could result in life-threatening consequences.

Failure to Obtain Informed Consent

Patients undergoing bariatric surgery must be fully informed of the risks, benefits, and potential outcomes of the procedure. If a surgeon fails to explain the risks of the surgery the patient may not have given informed consent.

The Impact of Bariatric Surgery Malpractice

The consequences of bariatric surgery malpractice can be severe and life-changing. Patients may suffer from infections, chronic pain, digestive issues, malnutrition, or long-term disabilities. In extreme cases, complications can result in permanent injury or death. For many patients, the physical harm is compounded by emotional distress, anxiety, and depression.

Beyond the immediate health risks, victims of malpractice may face additional financial burdens. Corrective surgeries, prolonged hospital stays, and ongoing medical treatment can lead to significant medical bills. Additionally, patients may be unable to work during recovery, leading to lost wages and economic strain.

A White Plains Medical Malpractice Attorney Can Help

Victims of bariatric surgery malpractice have the right to pursue medical malpractice lawsuits. A White Plains medical malpractice lawyer can evaluate the details of your case to determine whether negligence occurred. They will assist in gathering and analyzing medical records, consulting with medical experts, and building a strong legal argument to prove that the surgeon or healthcare provider breached the standard of care.

An attorney will handle all legal aspects of your claim to ensure you receive the compensation you need and deserve. Call (914) 993-0393 or message us online to arrange a free consultation today.