Gastric bypass procedures involve surgically connecting a small section of the top of the stomach directly to the small intestine. This bypasses most of the stomach and significantly reduces the amount of food the recipient can consume in one sitting. In theory, it is a straightforward operation that has been performed safely tens of thousands of times each year in the United States. However, in practice, individual errors by surgeons performing this procedure can and sometimes do cause serious harm to patients.
If an incorrectly performed stomach bypass injured you or if you are experiencing severe complications after bariatric surgery, you should speak with a Miami gastric bypass malpractice lawyer from Kaire & Heffernan about a civil claim. Filing suit over medical malpractice can be far from simple, even in the most straightforward cases, but our surgical error attorneys can help you build a strong claim to give you the best possible chance of success.
Although gastric bypasses are generally considered low-risk procedures, complications can still arise even with the best surgical and post-operative care. Even major complications, such as dumping syndrome or pulmonary embolism, may not be grounds for a malpractice lawsuit, as they are known risks of bariatric surgery that doctors can only do so much to prevent.
However, if you can prove that your doctor’s negligent actions directly caused or allowed harm from a bariatric surgery complication, you may have grounds to sue for malpractice based on the violation of the standard of care you were owed. This would involve actions that no equally qualified physician would have taken under the same circumstances.
An attorney in our Miami office who is experienced in bariatric surgery malpractice can help you construct a claim for misconduct. Examples of misconduct include negligent delay in diagnosing an embolism, failure to provide appropriate dietary instructions, or errors during surgery that resulted in internal bleeding or stomach contents leaking into the abdomen.
Of course, individual practitioners who fail to provide a reasonable standard of care during or after weight loss surgery can be held personally liable for the ensuing damages. Alternatively, malpractice insurance providers can compensate for the harm caused by their policyholders. However, it may also be possible in some situations to name a negligent doctor’s employer as a co-defendant in a malpractice claim or sue the hospital where the malpractice occurred.
This allows for substantially more financial recovery than a claim against a single negligent surgeon or physician, which could be significant in mitigating the long-term effects of a permanently disabling injury resulting from negligence. Guidance from one of our experienced lawyers in Miami will be essential to constructing and successfully pursuing a comprehensive case against every person at fault for your gastric bypass injuries.
Although gastric bypasses are typically not dangerous procedures, it does not mean there are not risks when undergoing this type of surgery. That is especially true if the surgeons and other professionals who perform the procedure are not always diligent and considerate while caring for you.
Fortunately, you can seek civil restitution from anyone whose professional misconduct caused you harm from a procedure that should have helped. Call us at Kaire & Heffernan today to schedule a meeting with our Miami gastric bypass malpractice lawyer about your possible claim.
(305) 876-6001