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Bariatric Surgery Complications
Overview
Whether you underwent a Roux-en-Y gastric bypass, adjustable gastric banding or a sleeve gastrectomy, too often these surgeries are not performed properly and the resulting complications go undiagnosed for a while, leading to malnutrition and various other injuries.
How Are Liability, Causation, & Damages Satisfied for This Case Type
Liability
In these cases, for there to be malpractice, issues will come down to 1) proper clearance for surgery; 2) whether you were informed of the risks, consequences, and alternatives of the procedure prior to undergoing surgery; 3) was the procedure properly performed?; and/or 4) was the subsequent treatment rendered appropriately? We have handled many bariatric surgery malpractice cases and can determine whether there is liability in your case.
Causation
The malpractice must be the cause of the claimed injuries. If the claimed injury is unrelated to the procedure, causation is lacking. For example, if someone undergoes a sleeve gastrectomy procedure which was not done properly, and thereafter suffers from a skin infection, causation will be difficult to prove. However, if someone undergoes the gastrectomy and thereafter suffers from an abdominal infection due to improper closure of the stomach, causation will not be difficult to prove, as a leak of the gastric contents likely caused the infection.
Damages
Ultimately, a case's value is determined by the extent of the injuries. Say for example, someone develops an abdominal infection due to improper closing of the stomach, but the stomach is then properly repaired and the infection improves, the damages in this case are limited. As compared to someone whose stomach was not properly closed, develops an infection which does not improve, leading to sepsis and the horrible consequences of sepsis, damages in this case are more significant.
