When to Pursue Gastric Bypass Malpractice Claims
Did you know that anyone having any sort of surgery is asked to sign something known as “informed consent”? This is a document that says that you understand that there are risks you are accepting as you undergo any sort of surgical treatment or procedure. There is never any such thing as a danger free surgery because there are so many factors at work. From anesthesia to unexpected health crises, it is not always possible to know if you will get through a surgery without problems or harm.
Does this mean that you must accept any and all problems that appear after a surgery is complete? No, not in the least. Informed consent means you accept a certain level of risk, but not every possible risk, simply because medical professionals can be incompetent as easily as any other sort of professional.
And this applies to surgeries deemed a bit more risky, as well as those viewed as simple and safe. For instance, the increase in gastric bypass malpractice claims shows that people are no longer comfortable settling for excuses if something goes wrong with this, now, familiar procedure.
Rise in Gastric Bypass Malpractice Cases
According to legal experts, there is a serious problem occurring in the area of medicine that relates directly to gastric bypass surgery, and that problem is that there not enough experienced surgeons capable of tackling this difficult procedure. Though laparoscopic operations have been put to use for many years and are effective in treating a long list of serious complaints, there has not been enough time for a large pool of qualified surgeons for gastric bypass procedures to develop.
This is why, statistically, “Patients of surgeons who have done fewer than 70 to 100 operations have complications more often and a greater chance of death from those complications than patients of more experienced doctors.” Of course, this begs the question, “What is going wrong?” during these procedures, and what leads to so many claims of gastric bypass malpractice?
What is Going Wrong?
The more common reasons that people file a gastric bypass malpractice case include:
- The lack of experience on the part of the surgeon leading to all kinds of health problems.
- The use of gastric bypass on people who are not appropriate candidates for this radical surgery.
- Failure to diagnose and treat sepsis related to the surgery.
- Failure to diagnose and treat gastric fluid leakage and/or gastric bleeds.
This means that it can be a dangerous procedure during and after it has been done, and with many points during recovery that can easily lead to a gastric bypass malpractice case. The side effects of the problems arising from gastric bypass surgery include the deadly infection known as sepsis, but also intestinal blockages, leakage at the surgical staples, and even death if any problems are not diagnosed.
Who Is to Blame?
When you are convinced that you have a valid gastric bypass malpractice case (whether for yourself or a loved one), you need to discuss the matter with an attorney. This is because the liability for the malpractice has to be determined, and it can be challenging to figure out whom to pursue for compensation and damages. For example, you may have suffered an injury because of something a nurse failed to do, and this may not be the fault of the physician.
How do you know? The best thing to do is to meet with a qualified attorney familiar with medical malpractice cases. They can review the facts and help you choose the next steps. They will be crucial to your success, as well, and may be able to negotiate a settlement that prevents any lengthy court battle.
YourLawyer.com. Gastric Bypass Malpractice. 2015. http://www.yourlawyer.com/topics/overview/gastric_bypass_malpractice