Weight loss surgeries such as gastric bypass surgery have gained immense popularity in recent years. If it is not performed properly, gastric bypass surgery can have devastating effects on patients and their families. If you or a loved one has been injured during or as a result of a gastric bypass procedure, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice attorneys can scrutinize the facts of your case and determine the viability of your claim. You can rest assured that we are here to protect your rights at every step of the way.
Gastric bypass surgery refers to a procedure that helps an individual lose weight by changing how the stomach and intestine handle the food that a person eats. The surgery generally involves making a small stomach and removing the rest of the stomach. The small intestine is then attached to the new stomach, permitting the lower part of the stomach to be bypassed. After the surgery, the stomach is smaller, and individuals feel full with less food.
Unfortunately, injuries and deaths associated with gastric bypass procedures are more common than you may think. According to a study in the Journal of the American Medical Association, 2 percent or one in every 50 gastric bypass surgery patients died within 30 days of their operations. The report also found that 5 percent or one in 20 died within a year – the complications ranging from infection and incisional hernia to ulcers and blood clots in the lungs.
Having said that, there are certain scenarios that typically result from gastric bypass malpractice. For example, if a patient has a preexisting condition, such as heart disease, lung disease, or other health problems, the doctor who recommended you get the procedure may be liable for malpractice. In other cases, leakage is often a sign that the surgery was performed incorrectly. As mentioned earlier, gastric bypass involves cutting the stomach to create a smaller pouch in which to deposit food. If the stomach is not properly reconstructed during the surgery, digestive fluids and food can leak into your abdomen, leading to a variety of problems, including fatal infections.
Under New York law, medical malpractice occurs when a medical professional causes injuries or death by acting negligently. To win a medical malpractice lawsuit, the patient must prove the following: i) the medical professional owed the patient a duty of care; ii) the medical professional breached the duty of care owed to the patient; and iii) the medical professional’s breach was a direct cause of the patient’s injury. The duty of care denotes the legal responsibility of a medical professional to adhere to the standard of care that a prudent medical professional in the same specialty would have used in the same situation. In the context of a gastric bypass surgery case, a surgeon doing the procedure is required to use the same level of care that another surgeon performing the same surgery would have used.
If you or someone close to you has been injured in a gastric bypass surgery, you need to reach out to a knowledgeable surgery error attorney who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse surgical malpractice attorneys are committed to holding negligent medical professionals accountable for the harm that they cause. We understand this is a stressful time, which is why we will try to make the legal process as seamless as possible for you. Call us at 315-479-9000 or contact us online for a free case evaluation.
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Anesthesia Errors in Syracuse and New York, Syracuse Medical Malpractice and Personal Injury Lawyer Blog, December 27, 2017
Wrongful Death Arising From Malpractice in Syracuse and Across New York, Syracuse Medical Malpractice and Personal Injury Lawyer Blog, December 18, 2017