Gastric Bypass Injuries and Death
Gastric Bypass Procedures
Surgeons perform over 135,000 gastric bypass procedures every year in the United States alone. While the qualifications for obtaining a surgery are significant and include morbid obesity and other weight loss options, the surgery has a number of risks that require surgeons and hospitals to act with the requisite standard of care.There are several types of gastric bypass procedures that are used by physicians to assist with weight loss.
A LAP-BAND procedure (laparoscopic gastric band) differs from the Roux-en-Y bypass procedure in a number of ways. The LAP BAND procedure is reversible and does not involve cutting and stapling of the stomach or gastrointestinal re-routing to bypass normal digestion. A laparoscopic or lap procedure provides a number of benefits as compared to an open procedure including the possibility of less risk of complications. The procedure is performed by placing a small silicone band around the upper portion of the stomach that reduces the amount of food intake and increases digestion period. This procedure is one of the least invasive of the common procedures. The common side effects include vomiting, but in rare and dangerous circumstances, erosion of the band and slippage may occur that could result in serious medical conditions.
ROUX-EN-Y bypass is a procedure where the a small pouch is created from a portion of the stomach with the remainder of the stomach "stapled" closed. This procedure creates a true bypass to the colon that permits undigested food to escape and drastically controls the amount and type of food that an individual may consume. The risks and complications following a Roux-en-Y bypass are substantial. "The most feared complication of gastric surgery ... is a post-operative leak with the development of peritonitis. ... this can occur at the staple line, from the ... pouch or from the distal stomach... The most dangerous aspect of a gastric leak is the difficulty in recognizing the symptoms of peritonitis." (Surgery: Scientific Principles and Practice, Page 793).
Complications
One out of 350 patients dies following a gastric bypass procedure. The causes of death include infection, staple line or suture leaks, pulmonary embolism and respiratory failure.
Other common allegations of negligence include:
Medical Negligence Actions
Filing a lawsuit for the wrongful death or injuries caused by the negligence of a health care provider (doctor, hospital, nurse, etc) presents an enormous burden for families affected by these actions. The expense in pursuing an action has caused many families and attorneys to not file a claim where there is negligence, but the recovery does not justify the expense. This unfortunate reality requires a hard look evaluation to cases where individuals and families are seeking compensation for individual losses and/or the loss of a family member.
Statute of Limitations
In Missouri, a patient has two years to file a lawsuit against a health care provider for injuries resulting from negligence. If death results from the negligence, a family has three years to file a lawsuit. This period may not seem like a short time; however, by the time a family grieves and has the opportunity to make a decision regarding a lawsuit, the process of ordering medical records and finding an expert witness to testify that a health care provider violated the standard of care takes a significant amount of time.
Action
If you suffered complications following a gastric bypass procedure or experienced the loss of a family member following a bypass, you may have a claim for damages. Please contact gastric bypass attorney Michael Sudekum for a free consultation.
Surgeons perform over 135,000 gastric bypass procedures every year in the United States alone. While the qualifications for obtaining a surgery are significant and include morbid obesity and other weight loss options, the surgery has a number of risks that require surgeons and hospitals to act with the requisite standard of care.There are several types of gastric bypass procedures that are used by physicians to assist with weight loss.
A LAP-BAND procedure (laparoscopic gastric band) differs from the Roux-en-Y bypass procedure in a number of ways. The LAP BAND procedure is reversible and does not involve cutting and stapling of the stomach or gastrointestinal re-routing to bypass normal digestion. A laparoscopic or lap procedure provides a number of benefits as compared to an open procedure including the possibility of less risk of complications. The procedure is performed by placing a small silicone band around the upper portion of the stomach that reduces the amount of food intake and increases digestion period. This procedure is one of the least invasive of the common procedures. The common side effects include vomiting, but in rare and dangerous circumstances, erosion of the band and slippage may occur that could result in serious medical conditions.
ROUX-EN-Y bypass is a procedure where the a small pouch is created from a portion of the stomach with the remainder of the stomach "stapled" closed. This procedure creates a true bypass to the colon that permits undigested food to escape and drastically controls the amount and type of food that an individual may consume. The risks and complications following a Roux-en-Y bypass are substantial. "The most feared complication of gastric surgery ... is a post-operative leak with the development of peritonitis. ... this can occur at the staple line, from the ... pouch or from the distal stomach... The most dangerous aspect of a gastric leak is the difficulty in recognizing the symptoms of peritonitis." (Surgery: Scientific Principles and Practice, Page 793).
Complications
One out of 350 patients dies following a gastric bypass procedure. The causes of death include infection, staple line or suture leaks, pulmonary embolism and respiratory failure.
Other common allegations of negligence include:
- The surgeon does not have the requisite training, experience or qualifications to perform the procedure.
- The hospital or doctor failed to diagnose and/or treat leakage that leads to sepsis
- The hospital or doctor failed to treat Pulmonary embolism
- The doctor failed to conduct a proper pre-surgery screening for the surgery.
Medical Negligence Actions
Filing a lawsuit for the wrongful death or injuries caused by the negligence of a health care provider (doctor, hospital, nurse, etc) presents an enormous burden for families affected by these actions. The expense in pursuing an action has caused many families and attorneys to not file a claim where there is negligence, but the recovery does not justify the expense. This unfortunate reality requires a hard look evaluation to cases where individuals and families are seeking compensation for individual losses and/or the loss of a family member.
Statute of Limitations
In Missouri, a patient has two years to file a lawsuit against a health care provider for injuries resulting from negligence. If death results from the negligence, a family has three years to file a lawsuit. This period may not seem like a short time; however, by the time a family grieves and has the opportunity to make a decision regarding a lawsuit, the process of ordering medical records and finding an expert witness to testify that a health care provider violated the standard of care takes a significant amount of time.
Action
If you suffered complications following a gastric bypass procedure or experienced the loss of a family member following a bypass, you may have a claim for damages. Please contact gastric bypass attorney Michael Sudekum for a free consultation.