What is Bariatric Surgery Negligence?
When someone takes the decision to undergo bariatric surgery, they are doing so putting the responsibility of their health and even life in the hands of highly skilled medical professionals. Although there are inherent risks posed when having surgery, what happens when things go wrong – not because of the inherent risks of the surgery, but as a result of the negligence of a medical professional?
In the UK, medical negligence is a legal concept that arises when a healthcare provider fails to meet the legal & professional duty of care that they owe to their patients. Negligence in the context of bariatric surgery could mean a range of things. It could be an error during the operation, such as using the wrong technique, or it could be failing to provide proper care after the surgery, missing warning signs that could lead to serious complications. It’s important for any patient to understand that not every complication or adverse outcome after bariatric surgery is due to negligence. As stated, some risks are inherent to any surgical procedure. However, when a healthcare professional’s actions fall below the accepted standard and that negligence causes patient harm, this is likely to provide a valid basis for a compensation claim.
To establish medical negligence in weight-loss surgery, three key elements must be present: a breach of duty, causation, and damages. A breach of duty means that the care provided was not up to the standard expected. Causation links this breach directly to the harm suffered by the patient. Lastly, damages refer to the physical, emotional, and financial impact on the patient’s life.
Proving negligence in weight-loss surgery can be complex. It often requires expert testimony to demonstrate that the care provided was substandard. For instance, if a surgeon performs an operation incorrectly, an expert might need to explain how the standard procedure should have been carried out. This helps to clarify whether the surgeon’s actions were indeed negligent.
Recognising potential negligence in bariatric procedures is crucial for patients who have suffered harm. Signs of negligence might include post-operative infections that could point to poor surgical technique, or a lack of proper follow-up care. Another red flag is if the patient was not fully informed about the risks of the surgery, a concept known as informed consent.
Medical records and expert opinions play a vital role in establishing negligence. These records can provide evidence of the care received and the professional’s decision-making process. It’s important for patients to know that not all negative outcomes are due to negligence. Some complications can occur even when the highest standard of care is provided.
Several errors and complications can occur during or after bariatric surgery, which may be considered negligence if they result from substandard care. These include, but are not limited to:
- Incorrect surgical technique, which might lead to leaks or blockages in the digestive system.
- Anaesthesia errors, causing too much or too little sedation, leading to various complications.
- Failure to manage post-operative complications effectively, such as not addressing signs of infection or bleeding promptly.
These errors can have serious, long-term consequences for patients, including nutrient deficiencies or the need for additional surgeries to correct the problems, known as revision surgery. When these complications arise from a healthcare professional’s failure to provide adequate care, they may be considered negligence.
In all medical negligence personals injury cases, the link between the errors or mistakes in the level of care provided and the concept of negligence must be clearly established for a compensation claim to be successful. Patients who believe they have suffered negative consequences after surgery due to negligent care should immediately contact us to obtain specialist legal advice to understand their rights and the potential for pursuing a claim for compensation.
Types of Bariatric Surgery and Associated Risks
Choosing to undergo bariatric surgery is a significant decision for those looking to combat severe obesity. These procedures, while potentially life-changing, carry their own set of risks. It’s essential to understand these risks, or how those risks may be increased by negligent care. A good professional Surgeon and medical care team will have ensured that the patient is deemed safe to undergo such surgery and they will have properly discussed and explained the known unavoidable risks that such surgery will pose before the patient gives the go ahead to proceed. Our specialist team and expert medical negligence Solicitors are able to establish whether a negative outcome from surgery was due to an inherent risk or as the result of an act of negligence.
In the UK, the most common bariatric surgery procedures include gastric banding, gastric bypass, and sleeve gastrectomy. Each has a unique approach to aiding weight loss:
- Gastric banding involves placing an adjustable band around the upper part of the stomach to create a smaller stomach pouch.
- Gastric bypass reroutes food away from much of the stomach and the first part of the small intestine.
- Sleeve gastrectomy reduces the size of the stomach by surgically removing a portion of it.
These procedures aim to limit food intake and, in the case of gastric bypass, nutrient absorption. Recovery times can vary, but patients typically spend one to three days in the hospital and may return to normal activities in three to five weeks. The choice of procedure is a collaborative decision between patient and surgeon, grounded in informed consent—a process where all risks are clearly outlined and understood.
Gastric banding is less invasive but requires careful post-operative management. Potential negligence in this procedure could include:
- Incorrect placement of the gastric band.
- Failure to properly adjust the band post-surgery.
- Inadequate monitoring for complications such as band slippage or erosion.
Such negligence can lead to prolonged discomfort, additional surgeries, or more severe health issues for the patient.
Gastric bypass is a more complex surgery and thus comes with higher risks. Negligence may occur if the surgical team fails to:
- Construct the bypass correctly, leading to leaks or blockages.
- Recognise and manage post-operative complications promptly.
These errors can result in serious health consequences and may form the basis of a negligence claim if they stem from substandard care.
During a sleeve gastrectomy, a surgeon removes part of the stomach, which can lead to risks such as:
- Leaks from the staple line used to close the stomach.
- Bleeding or infections at the surgical site.
Negligent surgical practices can exacerbate these risks, potentially causing long-term issues like severe gastroesophageal reflux or malnutrition.
Recognising the Signs of Post-Surgical Negligence
After bariatric surgery, it’s vital to be aware of symptoms that may signal complications from negligence:
- Unusual or excessive pain that doesn’t improve with time.
- Signs of infection, such as fever or discharge from the surgical site.
- Unexpected weight loss or gain that deviates from the expected post-operative course.
- A lack of routine follow up or rehabilitation checks after the surgery
If you experience any of these issues or symptoms, you should of course seek medical attention immediately. Documenting any incidents of this nature or signs of concerning symptoms can be crucial when pursuing a negligence claim. Remember, while some post-surgical issues are normal, others may indicate that the care you received fell below the expected standard so documenting your situation and seeking further medical care is both vital for your own health, but also really helpful in your prospects of succeeding with a medical negligence claim.
Legal Rights and Claim Eligibility
If you’ve experienced complications following bariatric surgery, you will want to understand your legal rights and understand whether you’re eligible to make a compensation claim. In the UK, patients who have suffered harm due to medical negligence have the right to seek compensation. To succeed with a claim, your Solicitor must prove that the harm was a direct result of a breach of duty by the healthcare professionals involved in your care.
The law is clear: if a medical practitioner’s care falls below the expected standard and causes injury or illness, you have grounds to pursue a claim due to negligence. However, there are criteria that must be met to allow you to proceed with a claim, including the statute of limitations for medical negligence claims. This is generally three years from the date you became aware of any clinical negligence. With this in mind, acting promptly in seeking specialist advice from an expert Solicitor is crucial to ensure that your claim is considered within this timeframe.
Criteria for Filing a Bariatric Surgery Negligence Claim
To pursue a bariatric surgery negligence claim, specific criteria must be met:
- The standard of care you received was below what’s reasonably expected from a competent medical professional.
- This substandard care was the direct cause of your harm or injury.
Medical experts play a vital role in establishing these criteria and your Solicitor will ensure that an appropriate expert is instructed to assess your care and provide a detailed report and testimony of the standard of care you should have expected and whether your treatment met that standard. Their insights are often pivotal in demonstrating direct causation and their supportive evidence will strengthen your claim.
The limitation period for medical negligence claims in the UK is typically three years. This period starts from the date the negligence occurred or from the date you first became aware that you had suffered harm due to negligence. There are exceptions, such as for children or those who lack the mental capacity to make a claim themselves. In these cases, the time limits can vary.
Seeking expert legal advice is a critical step in pursuing a bariatric surgery negligence claim. Solicitors specialising in medical negligence have the expertise to guide you through the complexities of the legal system. They can assist in gathering the necessary evidence, such as medical records and expert testimonies, to support your claim.
Working with a solicitor who has specialised experience in bariatric surgery cases can offer additional benefits. They understand the specific challenges and nuances of these claims and can provide tailored support throughout the process. With their help, you can navigate the legal landscape with confidence, knowing that your case is in knowledgeable hands.
The Claims Process for Bariatric Surgery Negligence
Whilst the prospect of Navigating the claims process for bariatric surgery negligence may seem daunting, our caring approach which ensures your understanding of the process and the steps involved will provide you with clarity and confidence. The process of making your claim begins by you contacting us for an initial discussion and we’ll then arrange for you to have a solicitor consultation to confirm the legal position with your claim. If you are then happy to proceed, our Solicitors will move through to an investigation phase, where medical evidence relating to your care and surgery is collected. The Solicitors goal in the work that they will do on your behalf is to ensure that a robust and strong claim is made, forcing the defendants to reach a resolution in your favour and provide you with an appropriate compensation settlement to bring your claim to a close. If the defendants refuse to cooperate or accept liability where a Solicitor believes that they should, the Solicitor will, if necessary, issue court proceedings to bring your claim before an independent Judge to ensure that your claim is decided upon fairly.
Steps to Take When starting a Medical Negligence Claim
If you suspect negligence following bariatric surgery, here are the initial steps to consider:
- Obtain medical advice from your GP or a different specialist Doctor to document any negative outcome or injury you are experiencing and discuss its effects on your health.
- Contact a Solicitor specialising in medical negligence to discuss your situation.
- Collect all relevant medical records and documentation related to your surgery and care.
During the initial consultation we’ll obtain the details needed to ensure that our expert specialist Solicitor can review the details of your case to assess the viability of your claim. They will then advise you on the likelihood of success and confirm the next steps that they will take in pursuit of compensation on your behalf.
No Win No Fee Agreements: What You Need to Know
‘No Win No Fee‘ agreements offer vital access to justice for claimants in bariatric surgery negligence cases. These arrangements mean that you don’t have to cover upfront legal fees or pay any fees whatsoever if your claim fails. Such agreements mean that you’ll only face a small deduction from any settlement towards your Solicitors costs if you win the case. Here’s what you need to understand about No Win No Fee agreements:
- They allow you to pursue a claim without financial risk.
- If successful, much of your Solicitor’s fees will be paid by the defendants with you only contributing a small percentage of the compensation awarded towards any costs.
- They guarantee that costs will not be incurred if the claim is unsuccessful.
Clearing up misconceptions about No Win No Fee agreements is something we do with real expertise and is also part of what our Solicitor do to help give you the confidence to make your claim, ensuring you’re fully informed about the legal arrangements.
A strong negligence claim is built on solid evidence. To document your experience and gather the necessary evidence:
- Keep a detailed account of the surgery, the care you received, and the issues you’ve encountered since.
- Obtain copies of all medical reports and records pertaining to your treatment.
- Collect witness statements from those who can attest to your experience and condition.
Medical experts may be consulted to interpret the evidence and provide a professional opinion on the standard of care you received.
Independent medical assessments are crucial in providing objective evidence of your injury and its impact. These assessments help to:
- Establish the extent of the injury and how it has affected your life.
- Assist in the assessment process for determining appropriate compensation.
Your solicitor will arrange these assessments and use the findings to strengthen your claim and argue for a fair level of compensation.
Compensation and Recovery
For those who have suffered injury or negative outcomes due to bariatric surgery negligence, compensation settlements play a crucial role in the journey towards recovery and closure. A successful claim is not just about financial redress; but also about facilitating healing and adapting to life after the incident. Compensation settlements are reached based on a sum for general damages and a separate sum covering any special damages. A final settlement will reflect appropriately the severity of pain and suffering experienced by the claimant, as well as the financial impact of the negligent treatment that they received. Understanding how settlement values are reached is another way that we can offer reassurance that both your immediate needs and future needs resulting from the negligence in your care will be addressed.
Calculating Compensation for Bariatric Surgery Negligence
The calculation of compensation for negligence following bariatric surgery takes into account several factors:
- Loss of earnings if you’ve been unable to work during recovery or if your ability to work in the future is affected.
- Medical expenses incurred for additional treatment and any expected future medical care.
- Cost of care, including any home care or rehabilitation services needed.
Non-economic damages, such as pain and suffering will also be considered. In cases of gross negligence, punitive damages may be awarded to deter similar conduct in the future.
Interim Payments and Financial Support During the Claim
Interim payments can be a lifeline for those facing immediate financial strain due to their situation after negligent care. Our Solicitors can advise on the potential for you to obtain an interim award if liability is admitted in your case and an interim award settlement can be used to cover:
- Immediate financial needs, such as living expenses if you’re unable to work
- Ongoing care costs while you recover
Victims of negligence can seek various types of damages:
- General damages for the pain and suffering endured due to the negligence.
- Special damages to cover financial losses, including past and future expenses.
- Additional awards for life-altering injuries that may require long-term care or support.
Compensation can also facilitate access to rehabilitation services and assist in adjusting to life changes post-negligence.
Compensation is more than just a monetary award; it’s a lifeline that supports recovery and rehabilitation. It can provide for:
- Specialist medical treatment not available through standard healthcare channels.
- Ongoing care needs, whether for physical therapy or mental health support.
- Adaptations to your home or living arrangements to accommodate new health requirements.
Beyond the tangible benefits, compensation offers psychological benefits, such as a sense of closure and the financial means to move forward after a traumatic experience.
Let Us Help You to Make Your Claim
If you or a loved one has suffered injury or loss due to negligent bariatric surgery, it’s essential to act swiftly and seek professional advice. Our team of caring staff along with our experienced personal injury Solicitors specialise in helping victims like you navigate the complexities of medical negligence compensation claims. We understand the physical, emotional and financial toll medical negligence can have on someone and we’re here to support you every step of the way.
By choosing our services, you’ll benefit from:
- A free consultation to discuss your case and understand your legal options.
- Expert guidance on gathering the necessary evidence and building a strong case.
- A no win no fee agreement, ensuring you don’t face any financial risk when pursuing your claim.
- Compassionate and personalised support tailored to your unique circumstances.
Contact us today to take the first step towards recovery and restitution. Let us help you turn a challenging situation into a successful claim. We’ll ensure that our service allows you to focus on what truly matters – your recovery and well-being.
You can start your claim online or , and one of our expert team will be in touch. Alternatively, call us on 01225 430285. We’ll only need a few minutes of your time to let you know if you can make a claim.
Frequently Asked Questions
Seek medical attention to address any immediate health concerns and document all symptoms and issues related to the surgery.
Seek a second medical opinion to assess whether the complications are typical post-surgical issues or if they may be a result of negligence, and then consult with a medical negligence solicitor.
Yes, compensation for emotional distress may be included under general damages for pain and suffering.
The duration varies; it can take several months to years, depending on the complexity of the case and whether it goes to court.
