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Bronx Personal Injury & Real Estate Blog

Wednesday, December 30, 2020

Malpractice and Bariatric Surgery

Q: How can gastric sleeve surgery go wrong?

Not every surgery goes according to plan. But when a surgeon or other hospital personnel deviate from the accepted standards of practice of the profession and the patient suffered a serious personal injury as a result, the victim’s only recourse is to sue for compensatory damages.

Medical malpractice lawsuits fall under the umbrella of personal injury law.

Examples of medical malpractice

Medical malpractice can occur in many situations including but not limited to:

  • misdiagnosis of cancer or cardiac conditions
  • misdiagnosis in pediatric cases
  • botched cosmetic surgery
  • experimental drugs
  • emergency room errors
  • negligence by the hospital, surgeon, or other healthcare workers, and gastroenterology errors.

Gastric sleeve surgery is a type of bariatric surgery. Bariatric—or weight-loss—surgeries “alter the digestive system to help patients lose weight, either sealing off a portion of the stomach to reduce the capacity for food, or decreasing the body’s ability to absorb nutrients – or a combo of the two”.

An obese mother of four elected to have gastric sleeve surgery but allegedly suffered complications immediately thereafter, remained hospitalized for months, and suffered years of complications. She reportedly was left with a post-op stomach that was “so small she was unable to swallow anything at all including water or her own saliva”. As her weight allegedly plummeted from 330 pounds to 84 pounds, she claims she suffered complications including a persistent inability to swallow, hair loss, damaged teeth, left eye blindness, heart problems, and more. She was allegedly forced to stop working due to the complications and was “close to death” in a nursing home before undergoing a “corrective procedure” about four years after the gastric surgery.

Compensatory damages in a medical malpractice lawsuit differ on a case-by-case basis but may include such things as current and future medical expenses, current and future lost income or diminished earning capacity, pain and suffering, and more.

If you or a loved one has been injured or a loved one has been killed as a result of medical malpractice, the personal injury experts at the Goldstein Law Firm can help maximize the compensation to which you may be entitled. Contact us today for a free consultation.

From our office in the Bronx, New York, we represent injured victims and their families throughout New York City in New York State, as well as those injured while visiting New York.


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