Gastric bypass is a bariatric surgery technique used to treat morbid obesity. Surgeons perform this weight loss procedure by dividing the stomach into a small container and shifting the small intestine. By reducing the volume of the stomach and allow food to bypass the intestine, the patient will absorb fewer calories. A gastric bypass makes it nearly impossible for you to eat more than a tiny amount of food without getting sick. Usually weight loss is quick. However, like other surgical procedures, mistakes by the health care provider poses a risk of serious injury. If you are injured as a result of gastric bypass errors, the Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano may be able to help.
Gastric Bypass ErrorsGastric bypass and other bariatric surgeries often effectively assist patients with weight loss, but they also present the possibility of significant complications such as gastritis, bowel obstruction, hemorrhage, bleeding, anastomotic ulcers, anastomotic strictures, and hernia. All surgeries also present a risk of bacterial contamination, which may result in a severe and immediate infection.
Surgical errors include the failure to diagnose or treat gastric bleeding, failure to diagnose or treat gastric fluid leaking into the abdominal cavity, failure to prevent or treat peritonitis, failure to identify and treat surgical complications such as pulmonary embolism or internal hernia, or inadequate post-operative monitoring of patients. Doctors may also screen patients inadequately, such that they end up operating on those with existing health conditions and who are not good candidates for the gastric bypass procedure.
Surgical and post-surgical errors can have severe consequences for a patient’s later health. You may be able to recover damages from your health care provider if a gastric bypass error amounts to medical malpractice.
Liability for Gastric BypassNot every mistake made before, during, or after a gastric bypass is actionable. You may not be sure whether what happened to you was malpractice. There are certain signs that are worth investigating. For instance, if you had post-operative leaking that resulted in an infection or experienced significant complications like kidney issues, breathing difficulties, excessive pain after the surgery or Wernicke’s encephalopathy, you should consider retain an experienced lawyer.
You may recover compensatory damages if you can show it’s more likely than not: (1) your provider owed a professional standard of care, (2) breach of the professional standard of care, (3) causation, and (4) damages. The professional standard of care depends on what reasonably prudent health care providers in the same specialty and geographic location would have done under the same circumstances. In other words, whether your surgeon met the professional standard of care depends on how a reasonably competent gastric bypass surgeon in Syracuse would have performed in the same situation.
You will need to retain an expert even before bringing a lawsuit for damages arising out of gastric bypass errors. Under New York law, the plaintiff’s attorney needs to file a certificate of merit with the medical malpractice complaint. The certificate should attest that your attorney reviewed the facts of your case with at least one doctor licensed to practice in New York or another state, who the attorney reasonably believes to be knowledgeable about pertinent issues in the lawsuit and that a reasonable basis to pursue your lawsuit exists based on the review and consultation with the doctor.
Wrongful Death DamagesIf your loved one died as a result of a gastric bypass error, you may be able to bring a wrongful death claim to recover damages. In New York, pecuniary losses, such as funeral and burial expenses, medical bills, and lost income, may be recovered in a wrongful death lawsuit.
Retain a Seasoned Syracuse LawyerIf you were injured as the result of a gastric bypass error, you should discuss your situation with the experienced attorneys of DeFrancisco & Falgiatano. We represent patients harmed in Rochester and Syracuse, as well as Upstate New York cities including Oswego, Lyons, Oneida, Wampsville, Cooperstown, Ithaca, Binghamton, Auburn, Canandaigua, Watertown, Elmira, Utica, Herkimer, and Lowville. Call DeFrancisco & Falgiatano at 833-200-2000 or via our online form.