Bariatric surgery negligence compensation claims

What are the different types of bariatric surgery?

There are different types of bariatric surgeries and we explain them below. 

Gastric band

Gastric band insertion is where an adjustable silicone band is put around the patient's stomach. This makes a small pouch at the top of it and the effect is that it means less food is needed for the patient to feel full. By injecting a small device under the band with a saltwater solution, the band can be tightened once the surgery is complete. 

Gastric bypass

Gastric bypass is where a small pouch is created in the top part of the patient's stomach by stapling the top part of the latter. The pouch then bypasses the rest of the stomach by being joined to the small intestine. The result means that the patient feels full quickly and absorbs fewer calories from the food they eat. 

Gastric sleeve (sleeve gastrectomy)

Gastric sleeve or sleeve gastrectomy is an irreversible procedure where a large part of the stomach is taken out so it becomes smaller. It results in feeling less hungry and fuller. 

Duodenal switch

Duodenal switch surgery is a form of bariatric surgery which removes part of the patient's stomach and makes an intestinal bypass resulting in a shorter path for food in the small intestine. This results in the patient's stomach holding less food and makes them feel less hungry. 

What are the possible risks of bariatric surgery?

There are numerous risks to bariatric surgery which include:

• a blockage due to placing the gastric band at the wrong site or angle
• leaks due to incorrectly performed gastric bypass surgery
• infections
• anaesthetic risk
• blood clots forming in lungs or legs
• internal bleeding
• internal organ damage
• nutritional deficiency
• gallstones due to fast weight loss
• psychological issues after the surgery such as depression
• developing self-harm tactics to stop ever eating
• perforation of the gut
• bowel problem
• stomach inflammation

What counts as bariatric surgery negligence?

There are many examples of what can amount to bariatric surgery negligence. Examples include:

• inadequate standard in the weight-loss surgery procedure
• not informing a patient about the risks associated with weight loss
• not letting a patient know the potential outcomes of bariatric surgery
• failing to obtain informed consent from a patient
• not properly assessing a patient's suitability for weight loss surgery
• a constricting or gastric band splitting after surgery
• incorrectly fitting the stomach band
• inappropriate use of the bypass procedure
• incomplete gastric bypass
• not carrying out the agreed weight loss surgery but a different one
• failure to identify complications, such as band slippage
• delay in treating complications
• recommending bariatric surgery when the patient is clearly not suitable for it.

Can I make a gastric bypass or band surgery compensation claim?

You can make a gastric bypass or band surgery compensation claim if mistakes were made or negligent treatment took place as part of your surgical procedure. 

Can I make a bariatric surgery malpractice claim against the NHS?

If you have suffered medical negligence in terms of your bariatric surgery you can make a medical negligence compensation claim. You can make this against the NHS providing malpractice took place.

Can I claim against a private surgery or surgeon?

Both private and NHS surgeons owe you a duty of care when they operate on you. Therefore, if a private surgeon was negligent while you were undergoing bariatric surgery, or you were their patient, you may be able to make a compensation claim.

Why make a weight loss surgery negligence claim?

There are many reasons to make a weight loss surgery negligence claim. In addition to receiving a sum of money to help you work through the changes and difficulties in your life, other reasons include to:

• get a sense of justice after you were mistreated
• help with making any adjustments necessary for day-to-day life as a result of the negligence
• ensure that whoever was a fault for your bariatric surgery negligence understands their wrong and doesn't make the same mistake again

How much compensation could I get?

When you make a bariatric surgery negligence compensation claim, the amount of compensation you can get depends on the circumstances. Points will be taken into account, such as:

• loss of earnings
• cost of transport
• medical expenses
• care and support costs

To give you some indication of how much compensation you could get, a lady who suffered a severe infection after negligent surgery which was not spotted received £8.4 million. She suffered brain damage which meant she had impaired mobility and needed lifelong care.

Can I make a no-win no no-fee bariatric surgery claim?

You can make a bariatric surgery compensation claim if you have suffered at the hands of a negligent surgeon. With the National Accident Helpline, we make this as easy as possible for you. We do this by providing you with the opportunity to make your bariatric surgery negligence compensation claim on a no-win no no-fee basis. Therefore, you pay nothing to make your claim meaning if medical negligence is not proved, you won't have lost a penny.

Can I claim compensation on behalf of a family member?

It is possible to make a medical negligence claim for bariatric surgery negligence on behalf of someone else, such as a family member. For example, you can do this for:

• a child
• A loved one who has died
• a person who doesn't have the mental capacity to make their medical negligence claim

You should note that where a person does not have mental capacity, there is no time limit in which they or you need to claim.

How long after receiving negligent surgery can I start my claim? 

As with any personal injury or medical negligence claim, you must make your bariatric surgery negligence claim within a strict legal time frame. Therefore, you should aim to involve a solicitor in the compensation process immediately.

You have three years to make your medical negligence claim for bariatric surgery from the date that the medical negligence took place. Alternatively, you can make it within three years from the date you were aware that the bariatric surgery was medical negligence. This is the date of knowledge.

How long do gastric band or bypass malpractice claims take?

There is no specific time frame for a  bariatric surgery claim. As with any medical negligence claim, there are different factors surrounding it. This means it may take time to investigate, particularly to gather all the evidence. This will all affect the time a claim may take. A significant factor affecting the length of your bariatric surgery negligence compensation claim is whether the party you claim against for your medical neglect claim admits liability or not.

How often are medical negligence claims successful?

It is difficult to put a figure on how often medical negligence claims are successful due to the complexity and wide range of claims which are classified as medical negligence. However your solicitor will spend time discussing the details of your claim and provide you with their expert assessment on the prospects of success for your claim.