Just as you deserve high-quality and compassionate medical treatment during emergency care or routine medical examinations, you should also expect a consistent standard of care during elective surgical procedures. Each year, new cases show how weight loss surgeries—commonly called bariatric surgeries—cause patients harm when medical professionals act negligently.
If you have faced a similar situation, contact a Miami bariatric surgery lawyer from Kaire & Heffernan for legal assistance. Our surgical malpractice attorneys have extensive experience helping individuals through similar situations. If you choose to work with us, we will actively help you pursue fair compensation for the injuries that negligent medical professionals caused.
Most bariatric surgery reduces caloric intake by removing parts of the stomach or bypassing sections of the small intestine. As a result, you may experience complications such as internal bleeding, leakage, or infections at the incision or bypass sites. In some cases, you may develop nutritional deficiencies because your gastrointestinal system no longer functions properly after undergoing such a drastic anatomical alteration.
Complications like these, on their own, do not justify a malpractice lawsuit. Medical professionals classify them as undesired but foreseeable outcomes of surgery, and they must inform you about these risks when obtaining informed consent. However, if a medical professional performed gastric bypass surgery incorrectly, failed to maintain sanitary conditions, or neglected to provide adequate post-operative care and guidance—leading to serious complications—our Miami attorneys will be able to help pursue restitution for the harm that medical negligence caused.
Our team can also provide vital assistance in navigating the procedural rules that state law establishes for medical malpractice claims, some of which apply solely to this specific type of civil case. For example, you generally cannot file suit for any form of malpractice more than two years after you discover that you suffered harm due to medical misconduct or more than four years after the misconduct occurred. However, a court may extend the latter deadline under very specific circumstances.
Furthermore, Florida law requires you to provide advance notice of your intent to sue to the providers involved before formally initiating the litigation process. You must also participate in a legally mandated process known as Pre-Suit that lasts at least 90 days. During a private initial consultation, a lawyer from our Miami office can explain how these and other legal requirements may influence your bariatric surgery malpractice claim.
Bariatric surgeons in the United States began performing weight loss procedures in the 1950s. Today, they rely on a vast body of research and medical knowledge to ensure these surgeries are generally safe and effective. However, even routine procedures can become life-threatening if the medical professionals involved fail to act responsibly—something you may have unfortunately experienced firsthand.
If a medical error during your weight loss surgery caused preventable harm, our legal team at Kaire & Heffernan is ready to support you. Call us today to discuss your legal options with a Miami bariatric surgery lawyer from our firm.