6th Nov 2018
Bariatric Surgery Malpractice
Although the first Bariatric surgery was in the early 1950’s the number of Bariatric surgeries increased dramatically when it was decided to have Medicare and Medicaid pay for the Bariatric surgery. The first Bariatric surgery malpractice case was in the early 1980’s involving the death of a mother after overwhelming sepsis caused by an anastomotic leak, which still remains the most common complication. Other complications include: Postoperative metabolic problems, Small bowel obstructions, Postoperative respiratory problems, Postoperative fluid overloads, Injury to other organs during surgery, Postoperative pulmonary embolism, Strictures at the operative site, Postoperative abscesses and Retained sponge.
You need more than just a complication or bad result to prove a medical malpractice case. The medical provider must have violated the standard of care, and you must show that this violation caused the injury. The issues include:
Was the medical provider experienced enough top perform the surgery?
Was the patient a proper surgical candidate?
Were there indications that the procedure should not be performed at all?
Was the patient provided with informed consent?
Was the right procedure performed?
Was the procedure performed properly?
Did the care after the operation proper?
Did the violation of the standard of care cause the injury?
If you have questions about your situation, give us a call.