Stomach Stapling Surgery Lawyers
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What is Stomach Stapling Surgery?
Stomach stapling surgery is also known as gastric bypass surgery. People have this surgery when they are having trouble controlling their appetite and their weight. The procedure involves connecting the smaller part of the stomach to the low intestine in order to restrict the amount of food a person can ingest. This will help them lose weight or control their weight better.
Generally doctors will not prescribe stomach stapling surgery unless other forms of weight loss have been tried and have failed.
What is Medical Malpractice?
If a doctor, hospital, or other party legally responsible for giving quality medical care causes direct harm to a client under their care, they can be sued for medical malpractice. Medical malpractice is the legal term for failing to fulfill a legal duty of care as a medical professional.
In the case of stomach stapling surgery, common malpractice claims focus around internal leaking due to faulty procedure, or internal bleeding of the stomach based on failed surgery methods. Blood clots and floating blood clots can also occur as a result of stomach stapling surgery. These kinds of symptoms can be very serious and can even lead to death within a short time if the symptoms are not diagnosed and immediately treated.
Can I File a Claim?
Malpractice claims are often based on negligence, and negligence is proved only if specific legal elements are present. In order to prove negligence, the plaintiff must prove:
- Duty of Care: The plaintiff must prove that the defendant had a direct and legal obligation to provide a certain quality of care to the plaintiff. This element must be present to proceed with a medical malpractice lawsuit.
- Breach of Duty of Care: There must be a duty of care that the plaintiff can prove, and there must also be a proven breach of a duty of care in order to proceed with a medical negligence case. In the case a medical negligence case, this often means that something that was supposed to happen didn’t happen in terms of medical treatment. For example, if a certain procedure could have definitely prevented a later malady, and the treatment was suggested, negligence can be present.
- Harm: There must be actual physical substantial harm caused to the plaintiff for a medical malpractice claim to proceed.
- Causation of Harm: The plaintiff must prove that the harm was directly caused by the defendant for the stomach stapling surgery malpractice case to be successful.
Do I Need a Lawyer?
If you have been injured as the result of stomach stapling surgery that failed or was otherwise unsuccessful, you should contact a medical malpractice attorney right away.
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Last Modified: 08-03-2016 06:18 PM PDT
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