Gastric Bypass Surgery Malpractice

Authored by , LegalMatch Legal Writer

Find a Lawyer

Gastric Bypass Surgery Definition

Gastric bypass surgery is a surgical procedure designed to treat morbid obesity. A patient is considered to be morbidly obese when his obesity is so severe that it puts him at immediate risk of severe health problems and the patient has been unable to lose sufficient weight through diet and exercise.

The gastric bypass procedure basically entails reducing the volume of the patient’s stomach, making it physically impossible to eat much food in a single sitting. It is a major operation, and like all surgery, carries some inherent risk. The procedure has about a 7% complication rate, and a 90-day post operative mortality rate of 0.3%.

Suing for Malpractice

As with all medical malpractice cases, the fact that the gastric bypass procedure went wrong does not, by itself, create a cause of action. The plaintiff must prove that the doctor did, or failed to do, something that a reasonable doctor would not have. The plaintiff must also show that this failure directly caused his injuries.

Because parties to lawsuits, their lawyers, and judges are usually not medical experts, this determination rests largely on the knowledge and expertise of expert witnesses. These witnesses would be doctors who have performed similar gastric bypass procedures, and would be able to determine if another doctor’s conduct was reasonable or not.

Consulting an Attorney

Due to the complicated nature of proving malpractice, an experienced medical malpractice lawyer can help you file your claim and argue on your behalf. A lawyer can also help you obtain medical files and qualified expert witnesses.

Consult a Lawyer - Present Your Case Now!
Last Modified: 01-08-2014 04:44 PM PST

Find the Right Lawyer Now

Did you find this article informative?

Link to this page

Law Library Disclaimer

Gastric Bypass Surgery Malpractice, gastric bypass,medical malpractice,personal injury,bypass procedure,law,malpractice,surgery,medical,bypass