Can I File a Malpractice Lawsuit for a Weight Loss Surgery Injury?

Posted on January 2, 2020

Baltimore medical malpractice lawyers discuss if you can file a malpractice lawsuit for a weight loss surgery injury.Medical errors are the third leading cause of death in the United States. This may be a shocking statistic, but with 250,000 deaths caused by medical errors, only heart disease and cancer cause more deaths in this country. In recent years, weight loss surgery has become increasingly popular for people who struggle to lose weight. However, if the surgeon responsible for performing the surgery makes a mistake, it can cause serious health complications. In extreme cases, the mistake can cause a serious infection, or other fatal health risks. If you had bariatric surgery, and you believe that your health care provider was negligent in some way, an experienced medical malpractice lawyer can help you file a malpractice lawsuit.

Weight loss surgery is an option for patients who are looking to go to extreme lengths to lose weight fast. The procedure reduces the volume of the stomach by close to 90 percent, so patients cannot overeat without feeling sick. Since they can only eat small amounts of food at a time, the weight tends to come off fairly quickly. However, like any other surgical procedure, there are risks involved, including the following:

  • Anastomotic strictures
  • Anastomotic ulcers
  • Bleeding
  • Bowel obstruction
  • Diarrhea
  • Gastritis
  • Hemorrhage
  • Infections
  • Nausea

Types of Medical Errors Associated with Weight Loss Surgery

When a patient suffers an injury or other health complications as a result of a medical mistake, they may be entitled to financial compensation. The following are examples of medical errors that are often associated with weight loss surgery:

  • The surgeon did not have adequate experience to be performing the procedure.
  • The surgeon did not diagnose and treat gastric bleeding or fluid that made its way into the abdominal cavity.
  • The surgeon performed the procedure, despite that fact that the patient was not a suitable candidate for the surgery.
  • The surgeon did not recognize complications, including hernia, infection, and pulmonary embolism.
  • The patient was not properly monitored after surgery.

When Can You Pursue Legal Action?

In order to proceed with a medical malpractice lawsuit, you must prove that your health care provider did not meet the standard of care, meaning that your surgeon did not provide the care that another weight loss surgeon with a similar background would have provided if the circumstances were the same. This can be difficult, as it will likely involve obtaining expert testimony from other surgeons, and doctors tend to avoid calling fellow colleagues negligent. If you wish to proceed with a lawsuit, you are urged to take the following steps as soon as possible:

  • Collect all relevant paperwork, including your official diagnosis, prescriptions, and any other documents related to the surgery.
  • Contact your surgeon as they may agree to rectify the issue.
  • If your surgeon is unwilling to help, contact the medical licensing board who can issue a warning or take disciplinary action.
  • Understand the statute of limitations for filing a claim.
  • Contact a medical malpractice lawyer.

Baltimore Medical Malpractice Lawyers at LeViness, Tolzman & Hamilton Represent Victims of Weight Loss Surgery Injuries

If you were injured during weight loss surgery, and you believe your doctor was negligent, contact the Baltimore medical malpractice lawyers at LeViness, Tolzman & Hamilton. Protecting your rights is our top priority and we will take every step necessary to secure the maximum financial compensation you deserve. We will not stop fighting for you until justice has been served. To schedule a free consultation, call us today at 800-547-4LAW (4529) or contact us online.

Located in Baltimore, Columbia, and Glen Burnie, we represent clients throughout Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.