Bariatric Surgery Negligence Claims
Does your claim qualify? Get free, no obligation advice!
Bariatric surgery should symbolise new beginnings, but what if your surgery causes more harm than good? Whether the procedure was performed incorrectly or you developed an infection, negligent medical practice means you might be able to claim compensation.
If you’d like to receive financial support for your injuries, please use the online form or call 0800 234 6438 for access to free legal advice. A specialist will assess your case and connect you with a no win no fee medical negligence solicitor if you’re eligible for compensation.
Bariatric surgery is a last resort procedure when other obesity treatments fail to work, with between 6500 and 7000 procedures taking place annually (BOMSS). The procedures can reduce a person’s appetite, making weight loss easier.
There are many types of bariatric surgery procedures, but the four most popular are:
As with any weight loss surgery, there are risks associated with anaesthetic and the procedure itself. That’s why a specialist will only recommend surgery when diet, exercise and medication fail to result in significant weight loss.
The risks include:
All patients, whether private or NHS, have the right to professional treatment, as medical professionals have a duty of care. If your surgeon makes an error during the procedure or you receive poor aftercare, it can have severe long-term health implications.
Changes in the digestive system can result in nutritional deficiencies, but negligence can also cause them. If you develop an iron, B12, Vitamin D or calcium deficiency, it can impact your ability to perform daily tasks.
The biggest challenge here is proving that your deficiency was caused by mistreatment instead of a naturally occurring effect of your altered digestive system.
Gastrointestinal complications are common after surgery, as the stomach needs to get used to its limited capacity. In most cases, these symptoms are temporary, but long-term complications often occur due to negligence.
Side effects include acid reflux, nausea, bowel obstructions and vomiting. If your specialist doesn’t provide proper aftercare, this also counts as negligence.
Dumping syndrome is a serious condition where the stomach transfers food to the small intestine too quickly. It causes a range of symptoms, including bowel issues, a racing heart, high blood pressure and nausea and usually occurs when patients don’t follow the advised diet.
In some cases, dumping syndrome is an effect of gastric surgery negligence, when a surgeon fails to correctly reroute the intestine or doesn’t size the stomach pouch correctly.
Even though bariatric surgery results in weight loss, the surgeon should make sure it’s not too rapid. When a patient loses weight too quickly, it can result in gallstones, which means they’ll often require further surgery.
When left untreated, gallstones can become a serious health condition, including pancreatitis, gallbladder inflammation and bile blockages.
Some patients may experience mental health challenges, such as depression or anxiety, especially if they struggle to adapt to lifestyle changes or face complications. Psychological injuries aren’t visible, but that doesn’t mean they don’t have a long-term impact on a patient’s overall health.
In some cases, depression and anxiety might turn into PTSD, and the person will need long-term support to treat their symptoms.
Your ability to make a bariatric surgery claim depends on whether there’s negligence. For example, if your surgeon provides aftercare instructions but you don’t follow them and suffer complications, it’s not medical negligence.
If any of the following apply, you could be eligible for compensation:
To make a no win no fee medical negligence claim, you’ll need to prove negligence. Speaking to a specialist advisor on 0800 234 6438 or using the online form is the best way to determine your eligibility.
If the free legal service thinks you’re eligible for compensation, they’ll refer you to expert solicitors who will argue your case on a conditional fee basis. Opting for a traditional solicitor gives you less freedom, as they charge upfront fees, and there’s no guarantee that you’ll receive compensation.
Making a no win no fee medical negligence claim has zero financial risks, as your lawyer won’t receive any fees unless you receive compensation.
All weight loss surgery claims are different, and there’s no concrete amount of compensation. It depends on whether you’re filing for compensation from the NHS or a private hospital and the extent of your injuries.
The solicitor will take general and special damages into account when calculating your compensation. General damages refer to the complication/injury itself and your loss of amenity, while special damages factor in the costs of your injury, including travel and care costs, along with lost earnings.
Using a compensation calculator can give you an idea of the compensation you might receive, but speaking to a legal advisor specialising in medical negligence claims is the best way to get a realistic estimate.
All personal injury lawyers must prove negligence to secure compensation, and the weight loss surgery claims process is no different. Your solicitor will work on your behalf to collect evidence, but you can also offer support to speed the process along.
The following types of evidence are most important for securing compensation:
Your medical records will contain detailed documentation about the surgery, including preoperative and post-operative reports. The surgeon’s notes, any medical assessments, and complications from the procedure can serve as documented evidence that negligence occurred.
While witness accounts aren’t as common in medical negligence claims, they can still play vital roles in securing compensation. For example, if previous patients were victims of negligence, their accounts can be valuable in proving that the hospital didn’t meet its sworn duty of care.
A medical expert might need to assess your case, and the negligent party’s insurance provider or NHS Resolution will probably seek outside support. Medical experts can explain how the complications impact your life and detail the mistakes.
Keeping receipts of all transactions related to your complications is instrumental in receiving special damages. Make sure you detail lost income, medical bills, travel expenses and anything else that you now need to pay for.
If you’d like to receive compensation for a weight loss surgery procedure that causes complications, the first step is to determine whether you’re eligible to make a claim. Please call 0800 234 6438 or use the online form to seek free legal advice.
You’ll then be connected with a no win no fee solicitor who will take on your case and try to secure compensation.
As with most medical negligence cases, you have three years from the date of your injury to make a claim. In some cases, you might have longer if the complications weren’t diagnosed until a few months after the procedure.
With the obesity epidemic continuing to impact people across the UK, bariatric surgery is becoming more popular for teenagers (NHS). If an adolescent suffers an injury due to weight loss surgery negligence, they can claim compensation up to three years after turning 18.
It depends on your case and whether the negligent party is willing to settle. While some people receive compensation within a few months, the process can take much longer if the hospital won’t admit negligent treatment.
In rare cases, your compensation claim might go to court, but your solicitor will support you throughout the process and act on your behalf.
Medical negligence claims are settled by the at-fault party, but who pays depends on where you’ve undergone weight loss surgery. For example, if a private surgeon performs gastric band surgery, the clinic’s insurance company will handle the case.
If you received treatment in an NHS hospital, the resolution team is responsible for handling negotiations.
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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