Can I Claim For Weight Loss Surgery That Went Wrong?


The Law Of…Challenging When Weight Loss Surgery Goes Wrong

Weight loss surgery, also known as bariatric surgery or metabolic surgery, can go wrong in multiple ways.  Incorrectly performed weight loss surgery can result in serious injuries and complications, some of which are permanent.

Medical Negligence Solicitor, Alison Hills, explains how you can make a claim following weight loss surgery that has been incorrectly performed.

What Is Weight Loss Surgery?

Weight loss surgery is sometimes used as a method of treatment for people who are seriously overweight or obese. If performed correctly, procedures can lead to significant weight loss. Successful treatments also help to improve weight-related conditions such as high blood pressure and type 2 diabetes.

The most common types of weight loss surgery are:

  • Gastric Band – The stomach has a band placed around it, limiting the amount of food needed to feel full
  • Gastric Bypass – The top area of the stomach is connected to the small intestine, you feel full sooner and will not absorb as many calories from food
  • Sleeve Gastrectomy – This type of surgery is reserved for people with a BMI of 60 and above, and for whom the above two procedures would not be safe. It involves removing a section of the stomach, reducing the size of the stomach by up to 75%

What Are The Possible Complications?

Weight loss surgeries are high risk, and while some complications are recognised, they cannot always be avoided.

There are several different risks and complications present in weight loss surgery, for example:

  • Excess rolls of skin which may require cosmetic surgery to remove
  • Vitamin and mineral deficiencies resulting in the need for supplements, potentially for the rest of your life
  • Gallstones, small stones that form in the gallbladder
  • Excessive bleeding and/or infection
  • Blood clots in the legs and lungs
  • The gastric band slipping out of place

Common Types Of Claim

There are multiple grounds for claims where weight loss surgeries are concerned. In some cases, these arise from professional medical negligence.

Some examples are:

  • Incorrect placement of the gastric band
  • Incorrectly performed bypass procedure
  • Failure to staple the joints correctly during bypass surgery, resulting in in a leak into the small intestine
  • Delay in diagnosing any post-operation infections or complications

How Long Do I Have To Make A Claim For An Incorrectly Performed Weight Loss Surgery?

All medical negligence cases have a time limit of 3 years from the 'date of knowledge'. This means that you have 3 years from the date of the incorrectly performed procedure, or from the date that you first became aware of the complications

If your child is the affected person, then the 3 year period commences from their 18th birthday.  

How Can Simpson Millar Help Me?

If you have had an incorrectly performed weight loss procedure in the past 3 years which has resulted in injury, then contact a member of our Medical Negligence legal team.

Get in touch today using either or freephone number or online enquiry form.

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