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Gastric Bypass Surgery Malpractice

If you've been injured in an accident or on the job, the attorneys of Hach & Rose, LLP have the knowledge, skills, and experience required to hold the party responsible for your injury accountable.

Last Updated: 07-24-2023
Written by: Michael A. Rose and Gregory Hach

Photo of stomach surgery Gastric bypass surgery is a commonly performed yet invasive operation that intends to assist obese individuals in achieving their weight loss goals. Over 200,000 gastric bypass operations are performed each year. Despite how common these operations are, surgeons still make mistakes that could jeopardize your health. Keep reading to learn more about the risks involved in gastric bypass surgery and the mistakes doctors can make. 

First, it must be acknowledged that simply because a patient experienced complications, post-surgery does not mean that they have a reason to file a medical malpractice lawsuit. The patient must be able to prove that their doctor acted negligently or recklessly pre-surgery, during surgery, or post-surgery, which a reasonable doctor under similar circumstances wouldn’t have done. It is often very difficult to prove these elements, so hiring an expert attorney to build your case will increase your chances of winning. 

Examples of gastric bypass surgery malpractice

  • Internal gastric fluid leakage
  • Hernias 
  • Internal stomach bleeding
  • Pulmonary embolism
  • Bowel leakage at the operation site
  • Various infections such as abscesses, pneumonia, bladder infections, or sepsis

In addition to problems that could arise due to a botched surgery, patients may also experience the following, which would be a cause to file a suit. 

  • The surgeon failed to diagnose postoperative complications
  • The surgeon ignored a patient’s complaints of pain, which led to serious injury or death
  • The patient suffered an intra-abdominal hemorrhage
  • The surgeon failed to abide by proper sanitation procedures
  • The surgeon left a sponge, bandage, or another item inside the patient’s body
  • The surgeon failed to provide proper advice for postoperative care
  • The surgeon prescribed the incorrect medication
  • The surgeon failed to warn the patient that they were at high risk for complications pre-surgery

Before you hire an attorney and file a suit, you should calculate how much damages you could recover if you prevail in the settlement. If hiring an attorney and navigating the legal process is more expensive than what monies you may win, it might not be worth the added stress after the surgery. 

Contact a New York medical malpractice attorney

If you had gastric bypass surgery and were severely hurt due to a medical professional’s error or oversight, the New York surgical error lawyers at Hach & Rose, LLP are here for you. Call (347) 318-9604 to speak to a knowledgeable attorney and learn how we can help you.

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