Bellevue Hospital Weight Loss Surgery Malpractice Attorneys
Bariatric Surgery Error Lawyers Focused on Bellevue Hospital
At Bellevue Hospital in New York City, bariatric surgery has recently been increasingly recommended for dramatic weight loss in patients at risk of serious health problems due to morbid obesity. As the number of surgeries increases so does the risk that the surgical and postoperative care will not meet the standard of care. As a result, patient complaints of bariatric surgery failures at Bellevue are becoming a real concern.
Did you or a family member suffer from serious adverse effects and complications after undergoing bariatric surgery at Bellevue Hospital? You aren’t alone—and you may have legal options to demand compensation. Let our Bellevue Hospital bariatric surgery malpractice lawyers of Simonson Goodman Platzer PC guide you through the legal processes, starting with a free case consultation to determine if you have a valid claim to file against Bellevue or another NYC medical center.
Why should you choose our firm for your medical malpractice claim?
- We have represented medical malpractice victims in NY and NJ for more than 40 years.
- We have successfully recovered compensation for 98% of our clients.
- We intentionally focus on surgery errors and other serious forms of medical mistakes.
- We have a team of attorneys who are highly awarded and reputable in legal circles.
Call (800) 817-5029 now to get more information about bariatric surgery malpractice claims filed against Bellevue Hospital.
When Does Bellevue Hospital Recommend Bariatric Surgery?
Bariatric surgery is a “state-of-the-art, minimally invasive surgery to treat severe obesity,” according to the NYC Health + Hospitals/Bellevue Center for Obesity & Weight Management. It involves manipulating and reducing the size of the stomach to limit the amount of food that can be digested at one time. There are several forms of bariatric surgery that the doctors of Bellevue can complete, including laparoscopic gastric bypass, laparoscopic sleeve gastrectomy, and laparoscopic adjustable gastric banding.
Typically, bariatric surgery may be recommended by the medical professionals at Bellevue if a patient:
- Is an adult;
- Has a body mass index (BMI) score of 40, or 35 if they have comorbid weight-related health problems;
- Has not had any success with other methods of weight loss; and,
- Has not been diagnosed with substance use disorder (substance addiction).
What are the Known Risks of Bariatric Surgery?
All medical procedures and surgeries have an inherent risk of side effects or complications, including bariatric surgery. The risk becomes unacceptable when the problems occur due to a medical error that could have been avoided with standard care.
Common risks associated with bariatric surgery procedures include:
- Prolonged hospitalization
- Surgical site infection
- Gastrointestinal infection
- Uncontrolled internal bleeding
- Blood clots
- Stomach or intestinal obstructions
- Gastroesophageal reflux disorder (GERD)
What Constitutes Bariatric Surgery Malpractice?
If a bariatric surgeon at Bellevue Hospital fails to follow acceptable standards of medical care and a patient suffers due to that mistake, it could be a case of bariatric surgery malpractice. The same is true if another medical professional involved in the patient’s care made a mistake that ultimately resulted in the patient’s injury, illness, or death, such as a nurse who assisted with the surgery or a doctor who never should have recommended bariatric surgery in the first place.
Forms of bariatric surgery malpractice can vary considerably, such as:
- Lack of informed consent: Before agreeing to bariatric surgery, a patient should be fully informed of the procedure’s benefits, risks, aftercare needs, alternatives, and more. If a patient is not given a chance to learn about the procedure and is injured by it for one reason or another, medical malpractice may have occurred.
- Surgical errors: Perhaps the most common and most dangerous forms of bariatric surgery malpractice are errors that happen during the surgery itself. Serious injuries and health risks can occur if stomach staples are not secured correctly and the stomach leaks after the surgery, for example. Another serious and shockingly common surgical error is leaving a medical instrument or equipment like gauze inside the patient before sewing the incision shut.
- Insufficient aftercare: A bariatric surgery patient will require aftercare to ensure no complications begin, and if they do, medical care is promptly provided to limit the danger. Bariatric surgery malpractice may occur if a patient is not monitored correctly after the surgery, is allowed to go home too soon, is not given enough at-home aftercare instructions, is not provided the correct medications for recovery, and so on.
Our Bellevue Hospital bariatric surgery malpractice attorneys know how to investigate the fine details of your case to look for signs of medical errors and unacceptable standards of medical care. Leave the investigative work, research, interviews, and more up to us while you focus on resting and recovering as best you can.
Elements of Bariatric Surgery Malpractice
Like other forms of medical malpractice, bariatric surgery malpractice cases must usually include these four elements:
- Duty of care owed to patient: The medical provider must have owed a duty of care to the patient, which is typically established in a doctor-patient relationship, and that care must meet or exceed acceptable standards of medical care. Given that bariatric surgery is carefully planned and scheduled, it should be simple to prove that such a duty of care was owed to you.
- Breach of duty: The medical provider must have breached the duty of care owed to the patient by making any mistake or error in judgment that another reasonable medical professional would not have done in the same situation. This step is crucial in establishing negligence and liability.
- Injury caused by the breach: The unacceptable medical care must have caused the patient to suffer an injury or illness. This element can be fiercely contested by defendants like Bellevue Hospital. The defending attorneys will try to pick apart medical records, testimonies, and more to show that the injury was not caused by them. Our legal team will be ready to counter them with evidence and arguments of our own.
- Actual damages: The injury must have caused the patient/plaintiff actual damages. Economic damages relate to tangible costs and financial losses, and non-economic damages relate to intangible losses and harm. Both can satisfy the requirements of this element of bariatric surgery malpractice.
Damages in a Bariatric Surgery Malpractice Claim Against Bellevue
By working with medical experts, financial analysts, unique care specialists, and others, our lawyers can better calculate the damages owed to you due to bariatric surgery malpractice. While no amount of money can undo what happened to you due to a medical provider’s mistakes, it can help you and your family feel whole and on better financial footing again, so we work tirelessly to secure every penny.
The damages in your bariatric surgery malpractice claim against Bellevue Hospital could include:
- Medical treatment costs you have had to pay out of your own pocket.
- Future medical care costs like those needed for corrective surgery or hospitalization.
- Wages you lost due to work missed by the severity of your injury or symptoms.
- Damages related to your pain, suffering, and lowered enjoyment of life.
Speak with Our Attorneys About Your Case – Call Now
Today is the best day to learn more about your legal options if you suffered from bariatric surgery malpractice and serious complications. Simonson Goodman Platzer PC and our Bellevue Hospital weight loss surgery malpractice attorneys are always standing by to hear from new and returning clients. Let us know what happened during a free consultation so we can tell you what we can do to help. With us leading the way, you can confidently demand compensation from the medical providers who hurt you or your family.
We’re ready to hear from you. Call (800) 817-5029 now.
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