Going through weight loss surgery can be life-changing, and sometimes mistakes can occur. We help many people who have experienced negligent weight loss surgery, and can help you if you need us.
Bariatric surgery, also known as weight loss surgery, can be both daunting and life-changing for patients who undergo it. We understand the physical and psychological changes this surgery comes with, which is why in the event of negligence, we do our best to make sure patients receive the right legal advice.
The most common types of weight loss surgery compensation claims we see relate to the following:
You can find out more about each type below.
Sometimes, the incorrect placement of a gastric band can lead to blockages, which can only be fixed with further surgery. This may also cause band slippage. Not only can this compromise a patient’s healing time, but it may also have a knock-on effect mentally.
The most common types of claims relating to gastric bypass surgery (also known as Roux-en-Y bypass surgery) involve how the stomach joins have been stapled to create the “pouch” needed to control food intake.
If the joins are stapled incorrectly this can lead to infection and further issues that may require additional surgery. There may also be cases of negligence where the gastric bypass surgery hasn’t been completed properly, therefore causing leaks and further complications.
During sleeve gastrectomy surgery, it is not uncommon for surgeons to leave a small hole as it can be difficult to tell if any part of the stomach has been left open. This would not be considered medical negligence. But, if a surgeon fails to suspect, identify or correct a gastric leakage in a timely manner, this would be categorised as medical negligence.
The claims we see arising from negligence relating to duodenal switch surgery are very similar to the claims mentioned above. Like with sleeve gastrectomy surgery, duodenal surgery poses the risk of leakage and accidental openings.
For there to be cause for a medical negligence, again there would need to be proof that a problem was not identified or treated in a timely manner.
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We carry out many of our claims on a no win, no fee basis. This means there are no upfront costs for you and, provided that you have not misled or acted against the advice that we have given you, no financial risk to you – even if your claim is not successful.
In most instances we will purchase ‘After the Event’ (ATE) insurance on your behalf to cover any legal costs should you not win the case. However, if you have a ‘Before the Event’ (BTE) insurance policy included in your home, car or credit card insurance then we may look to use that insurance to cover the legal costs and an ATE policy should not then be required.
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In general you have three years from the date of negligence or reasonable knowledge of mistreatment by a medical professional causing you harm to bring a medical negligence compensation claim. There are some exceptions to this rule; for instance where the matter involves a child in which case the child has three years from the date of their 18th birthday to bring a claim, therefore expiring on the individual’s 21st birthday.
It is important to speak to our medical negligence solicitors as early as possible to avoid any issues with limitation dates.
