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Patients turn to bariatric surgery for hope and a brighter future for their health. What happens when the surgery that was supposed to provide a brand new future instead leaves you injured — perhaps permanently?
Because of the nature of weight loss surgery and the known risks of any surgical procedure, many patients think they do not have legal options in these cases. However, a Long Island bariatric surgery injury lawyer can evaluate your case and help determine whether negligence, surgical error, or failure to warn led to your injuries. If so, you may be eligible for compensation. Our surgical error attorneys are ready to support your case.
There are many kinds of bariatric surgeries, including gastric bypass, sleeve gastrectomy, and Lap-Band. While these procedures have provided many patients with positive, life-changing results, they have also presented serious risks. In fact, many kinds of bariatric surgeries are being phased out due to the dangers to patients.
Because these surgeries are elective — which means that the patient makes a choice to undergo them — many people believe they cannot bring forward a lawsuit if injuries occur. Leading up to the surgery, patients are typically informed about risks and may even sign consent forms indicating their understanding of potential complications.
However, consenting to known risks does not excuse poor surgical procedure or inadequate post-operative care. Many bariatric surgery injuries are preventable, and patients deserve legal recourse when negligence has occurred, and our Long Island attorneys could help.
In order to bring forward a medical malpractice lawsuit, a Long Island patient — with the help of their bariatric surgery injury lawyer — will need to demonstrate negligence. There are many ways that a bariatric surgery injury could be the result of medical negligence.
Surgery complications can occur when a medical professional fails to adequately staple the surgical site, fails to notice a bowel perforation, or improperly places a band. Once the surgery is complete, medical professionals have a responsibility to monitor for complications such as bleeding, infections, and leaks. Failure to notice these issues can lead to serious risks and even death.
It is also possible that the case counts as a failure to provide informed consent. Medical professionals are required under New York Public Health Law § 2805-d to provide an adequate explanation of known risks and alternative options before a patient can make an informed choice.
In order to meet the legal definition of negligence, there are steps a plaintiff must take. They must first demonstrate there was a duty of care. In the case of a medical malpractice suit, this would require demonstrating a doctor-patient relationship with the defendant. The plaintiff must then demonstrate a breach in duty, illustrating that the standard of care was not met. Next, they must establish causation, which demonstrates that the breach of duty caused harm. Finally, they must demonstrate damages — the actual harm caused in the form of medical expenses, pain and suffering, lost wages, and impact on mobility.
If you have been injured following a bariatric surgery, do not assume your consent to treatment exempts you from getting compensation for your injury. A lawyer can evaluate your case and help determine your standing for a lawsuit.
If your injury is the result of surgical error, inadequate post-operation care, or a failure to provide adequate explanations of risks, our Long Island bariatric surgery injury lawyer is ready to help you fight for the compensation you deserve. Reach out to Duffy & Duffy today to start with an overview of your case.
After years of serving New York–including the Bronx, Queens and Nassau, Suffolk and Kings Counties–, we are confident our injury lawyers can assist you with your claim. We are well respected by our clients, who appreciate not only the outcomes we’ve provided but also the care in which we resolved their cases. As you can see from our successful settlements, we offer excellent results, though the outcome varies depending on the case. Regardless of your case details, you can rest assured our Long Island car accident attorneys will always fight for you as you seek compensation to pay for medical bills, vehicle repairs and more. You deserve to be made whole again after your accident, and Duffy & Duffy is here to help.
No. Our injury cases are handled on a contingent retainer. You pay nothing upfront, and we recover attorney’s fees only if your litigation is successful. We don’t bill by the hour. You don’t need to worry about running up a large attorney’s bill before you see any recovery for your injuries.
Yes. Our firm is dedicated to creating a strong relationship with our clients, beginning with keeping your information and consultation confidential.
Each case we encounter is carefully screened and evidence scrutinized to make sure the claim is meritorious and may be successful at trial. We will perform an investigation, and then our partners make a final decision on whether to take on a case.
