Gastric bypass surgery, also known as stomach stapling 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%.
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, such as suggesting the surgery when such surgery was unnecessary. 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.
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.
Last Modified: 08-03-2016 06:20 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.