Gastric bypass surgery is a major bariatric procedure for individuals with severe obesity. A surgeon creates a small stomach pouch and reroutes the small intestine, bypassing the stomach and duodenum. This restricts food intake and reduces nutrient absorption to promote weight loss.
Although you may benefit from the procedure, achieving significant weight loss and improved health, there are inherent risks. While you must accept those risks, injuries resulting from incompetence may justify legal action. Our surgical error attorneys at Thurswell Law could help you understand your rights and determine whether you have a case for Southfield gastric bypass malpractice surgery.
What Are the Common Causes Cited for Gastric Bypass Surgery Malpractice Lawsuits?
While you must review and accept specific risks to proceed with the procedure, you must ensure you provide informed consent. Malpractice occurs when your surgeon or a member of the team deviates from the professional and accepted standard of care, directly causing you harm.
Medical malpractice claims are the most complex type of personal injury case. This is especially true in gastric bypass cases, in part due to the technical complexity of the procedure. Those who seek this treatment are also at higher risk because of obesity-related medical issues. Some of the most common reasons for malpractice lawsuits related to this procedure include:
- Leaks, which typically occur at the anastomosis or stable line
- Delayed diagnosis, such as failure to recognize leaks, bleeding, infection, or nutritional issues, results in difficulty treating complications
- Surgical errors, including organ injury, technical mistakes, or improper stapling
- Inadequate monitoring after surgery or follow-up care
- The acceptance and performance of surgery on unsuitable candidates due to inadequate screening
- The surgeon operating beyond their experience level
Some less common but notable causes of legal action include retained foreign objects (such as surgical tools or gauze), vascular injuries, and anesthesia errors. Our experienced Southfield lawyers could evaluate your surgical malpractice case and answer all of your questions about gastric bypass claims.
Filing Deadline for Gastric Bypass Malpractice
There are two critical deadlines to be aware of when filing medical malpractice cases, and missing either would result in losing eligibility to recover monetary damages. Under Michigan Compiled Laws § 600.5805 (8), the statute of limitations states that you must begin legal action within two years of the procedure date. If you were not immediately aware of the injuries, the deadline is two years from the date of discovery.
However, the second deadline, called the statute of repose, requires you to file the case within six years of the date of surgery, regardless of when you discover the harm you suffered. There is an exception to that rule for fraudulent concealment.
If the provider actively conceals malpractice from patients, the court may waive the statute of repose, and other extensions may also be available. Our practiced attorneys in Southfield could help you at every stage of a malpractice claim involving gastric bypass surgery.
Contact Our Attorneys in Southfield if Negligence Was Involved in Your Gastric Bypass Surgery
Surgery of any kind can be frightening, and a bypass has inherent risks, making it more so for many patients. However, you trust that your surgeon will perform the procedure safely. When a medical professional is negligent and betrays that trust, you have every right to pursue compensation.
These types of cases are challenging, but experience gets results. We could fight for justice and the best possible outcome. Our attorneys at Thurswell Law could determine whether you have a case, answer questions, and help you understand your rights. Call us today to schedule an appointment and get started on your Southfield gastric bypass malpractice surgery case.
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