Gastric Band Surgery Negligence Compensation Claims.

Bariatric surgery is a group of surgical procedures designed to help people lose weight by making changes to their digestive system. These procedures are typically recommended for individuals who are severely obese and have been unable to achieve significant weight loss through diet, exercise, or other non-surgical methods. Bariatric surgery is also often suggested for those who have serious health conditions related to obesity, such as type 2 diabetes, high blood pressure, or sleep apnoea.

There are several types of bariatric surgery, including:

• Gastric Bypass: This procedure creates a small pouch at the top of the stomach and connects it directly to the small intestine, bypassing part of the stomach and intestine, to limit food intake and reduce calorie absorption.
• Sleeve Gastrectomy: About 80% of the stomach is removed, creating a smaller, sleeve-shaped stomach that reduces food capacity and decreases appetite by affecting hunger hormones.
• Adjustable Gastric Band: An adjustable band is placed around the upper stomach to create a small pouch that limits food intake, and it can be tightened or loosened over time to control the rate of weight loss.
• Biliopancreatic Diversion with Duodenal Switch: This complex procedure combines sleeve gastrectomy with intestinal rerouting to significantly reduce calorie absorption and limit food intake.

Bariatric surgery can lead to substantial weight loss and improve or resolve many obesity-related health conditions, but it also comes with risks and requires lifelong dietary changes, regular medical follow-ups, and a commitment to a healthy lifestyle.

Negligence during bariatric surgery can occur due to a variety of reasons. For example, poor pre-operative assessment, such as failing to properly evaluate the patient’s medical history, allergies, or suitability for surgery, can lead to complications. Surgical errors, including incorrect placement of a gastric band, organ perforation, or improper suturing, can cause significant harm. Negligence can also occur in post-operative care when inadequate monitoring fails to detect complications such as infections, blood clots, or leaks from surgical sites. Additionally, failing to provide the patient with adequate information about the potential risks and complications of the surgery constitutes inadequate informed consent, which is another form of negligence.

Signs of negligence after bariatric surgery can manifest in various ways, often indicating that the standard of care provided was inadequate or that errors were made during or after the procedure. Some common signs include:

• Severe pain: Unusually intense or worsening pain not relieved by medication.
• Infection or Sepsis: Symptoms like fever, chills, redness, swelling, or discharge from the surgical site.
• Unexpected bleeding: Continuous or significant bleeding, internally or from the surgical site.
• Gastrointestinal issues: Persistent nausea, vomiting, difficulty swallowing, or severe acid reflux.
• Leakage from surgical sites: Indicated by symptoms such as severe abdominal pain, rapid heart rate, fever, or low blood pressure.
• Blood clots: Swelling, pain, or warmth in the leg (DVT) or chest pain and shortness of breath (pulmonary embolism).
• Nutritional deficiencies: Symptoms present as fatigue, hair loss, brittle nails, or unexpected weight loss.
• Wound healing problems: Slow or poor healing, persistent redness, oozing, or wound reopening.
• Psychological distress: Anxiety, depression, or trauma related to poor communication or support post-surgery.

The consequences of bariatric surgery negligence can be severe and far-reaching, impacting both the patient’s physical and mental health. Negligence can lead to serious complications, such as infections, internal bleeding, organ damage, and leaks from surgical sites, which may require additional surgeries or prolonged hospital stays. Patients might also suffer from nutritional deficiencies or malnutrition if the procedure affects their body’s ability to absorb nutrients properly. In some cases, negligence can cause long-term or permanent damage to the digestive system, resulting in chronic pain, disability, or the need for lifelong medical care. Furthermore, the psychological impact of unexpected complications or poor surgical outcomes can be significant, affecting the patient’s mental health and quality of life. These consequences often lead to increased medical costs, lost earnings, and a reduced ability to enjoy daily activities, prompting many patients to seek compensation through medical negligence claims.

You may be eligible to make a bariatric surgery negligence claim if you are able to demonstrate that the healthcare provider acted negligently, such as making surgical errors, failing to properly assess your suitability for the procedure, or providing inadequate post-operative care. To have a valid claim, you must show that this negligence directly caused you harm, such as physical injuries, psychological trauma and  financial losses due to additional medical treatment or lost income. Claims typically need to be filed within three years from the date of the surgery or when you first became aware of the negligence, though exceptions may apply in some cases. Additionally, a medical expert’s opinion confirming that the care provided did not meet the accepted standard can strengthen your case. Consulting a solicitor who specialises in medical negligence can help determine your eligibility and guide you through the claims process.

The amount of compensation awarded for gastric band surgery negligence varies depending on factors such as the severity of the injury, its impact on your quality of life, and the financial losses you have incurred or will likely incur in the future. Compensation generally includes general damages for pain, suffering, and loss of quality of life, as well as special damages for medical expenses, lost earnings, and additional care costs. The exact amount depends on the specifics of the case and the strength of the evidence. Consulting with a specialised medical negligence solicitor can provide a clearer estimate based on your individual circumstances. Please don’t hesitate to contact our friendly and experienced medical negligence team today for further advice and guidance.