Gastric bypass surgery has become an increasingly popular type of surgery to correct obesity. During the surgery, the patient’s digestive track is altered to either shrink the stomach or to shorten the digestive tract so that the patient can eat less or absorb fewer nutrients. Many health insurers refuse to pay for the surgery, despite the benefits of weight loss because most weight loss treatment is deemed to be cosmetic as opposed to medically necessary. However, people desperate to lose weight still seek out the procedure and pay doctors and hospitals the full cost of the surgery, instead of the discounted rate that is normally paid by health insurers. However, like any major surgical procedure, gastric bypass surgery carries risks and must be done only on appropriate candidates and only after full informed consent is given.
Some of the issues that have arisen in the context of gastric bypass malpractice medical malpractice lawsuits include:
Patient was not an appropriate candidate for gastric bypass surgery: gastric bypass surgery is a major surgery which should be performed only on morbidly obese patients who have failed other traditional weight loss programs
Patient did not give fully informed consent: gastric bypass surgery is a major surgical procedure which carries risks which the patient must be fully informed of; also, the surgery itself requires major changes in the patient’s lifestyle which the patient must be advised of prior to the surgery
Failures of surgical technique: improper surgical technique in performing a gastric bypass surgery can result in the death of the patient
Post-operative leaking: when the bypass is not performed properly, the intestinal contents can leak into the abdominal cavity, causing infection which can prove deadly when not detected and treated promptly; even with prompt treatment, patients with gastric leakage suffer greatly
Pulmonary embolism: after surgery, patients may develop blood clots which travel to the lungs. When not diagnosed and treated immediately, these can be fatal.
