Bariatric Surgery Malpractice Lawyer Florida
Vero Beach, FL
For many people struggling with obesity, bariatric surgery represents hope for a healthier, longer life. Procedures such as gastric bypass, sleeve gastrectomy, gastric banding, and duodenal switch have helped countless patients lose weight and reduce obesity-related complications like diabetes, hypertension, and sleep apnea. While these surgeries can be life-changing, they are also complex medical procedures that carry significant risks.
While every surgery carries some risk, no patient should suffer an injury because a surgeon, anesthesiologist, nurse, or hospital failed to provide an acceptable standard of medical care. When preventable mistakes happen before, during, or after bariatric surgery, the results can be catastrophic. Our Vero Beach personal injury lawyers will work with you to help you get the compensation that you deserve.
If you have suffered an injury after weight loss surgery, you may have grounds for a medical malpractice claim. The experienced attorneys at Gould Cooksey Fennell represent victims of surgical negligence in Vero Beach, Indian River County, and throughout Florida. Reach out to our law firm today to schedule a free consultation with a Florida medical malpractice attorney.
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We’ll Handle the Bariatric Malpractice Claim.
What Is Bariatric Surgery?
Bariatric surgery refers to several procedures designed to help patients lose weight by altering the digestive system. These surgeries are generally recommended for individuals with severe obesity who have been unable to achieve sustained weight loss through diet, exercise, and other treatments.
Common bariatric procedures include:
- Gastric bypass (Roux-en-Y gastric bypass)
- Sleeve gastrectomy (gastric sleeve)
- Adjustable gastric band surgery (Lap-Band)
- Duodenal switch surgery
- Revisional bariatric surgery
These operations are often performed laparoscopically using minimally invasive techniques. However, they are still major surgeries that require careful planning, precise execution, and close post-operative monitoring.
When performed appropriately, bariatric surgery can dramatically improve a patient’s quality of life. However, mistakes at any stage of treatment can quickly turn this potentially life-saving procedure into a life-threatening emergency.
What Is Medical Malpractice?
Medical malpractice occurs when a doctor or other health care provider makes a mistake that harms a patient, whether it creates a new injury or health problem or makes an existing health problem worse. These cases are evaluated based on whether the healthcare professional met the standard of care. In other words, if the medical professional failed to act as a similarly trained and experienced professional would in a similar situation, it may be considered medical malpractice.
For example, if a surgeon left an instrument inside a patient’s body after a surgery, that would not meet the accepted standard of care for the profession. Similarly, if a doctor misdiagnoses a patient, it could be a form of medical malpractice. The key is whether the physician or other medical professional fell short of the standard of care in some way (such as by dismissing a patient’s symptoms or failing to order necessary tests).
In surgery cases, it is important to understand that not every complication constitutes medical malpractice. Even when performed perfectly, bariatric surgery carries known risks, including:
- Infection
- Blood clots
- Bleeding
- Nutritional deficiencies
- Temporary nausea
- Ulcers
- Hernias
If you experience these complications, it does not automatically mean that your surgeon committed malpractice. However, if a surgeon failed to provide treatment that met the accepted standard of care, and that failure caused an injury, it may be considered medical malpractice.
For example, developing an infection despite proper surgical technique may not be negligence. However, if your doctor fails to recognize or treat that infection until it becomes life-threatening, it could be considered medical negligence. Our experienced Vero Beach medical malpractice lawyers can evaluate your case and help you determine if you may have a claim.
Common Types of Bariatric Surgery Malpractice
Bariatric surgery malpractice can occur at any stage of treatment. It can include:
1. Surgical Errors
Mistakes made during surgery are among the most serious forms of malpractice. Examples include:
- Injuring nearby organs
- Damaging the bowel or intestines
- Improper stapling of the stomach
- Creating leaks at surgical connections
- Performing the wrong procedure
- Leaving surgical instruments inside the patient
- Excessive bleeding caused by surgical mistakes
Some surgical injuries require emergency revision surgery within hours or days. Others are not discovered until the patient’s condition rapidly deteriorates.
2. Failure to Detect a Leak
One of the most dangerous complications following gastric bypass or sleeve gastrectomy is an anastomotic leak, where stomach contents escape into the abdominal cavity. Leaks can quickly cause:
- Peritonitis
- Severe infection
- Sepsis
- Organ failure
- Death
Patients may have symptoms such as fever, rapid heart rate, severe abdominal pain, shoulder pain, difficulty breathing, or persistent nausea. Prompt diagnosis is critical. Delays in recognizing or treating leaks are a common basis for bariatric surgery malpractice claims because early intervention can often prevent life-threatening complications.
3. Failure to Monitor After Surgery
Successful bariatric surgery doesn’t end when the operation is complete. Patients require careful postoperative monitoring for signs of complications. Healthcare providers should evaluate symptoms such as:
- Increasing pain
- Fever
- Low blood pressure
- Elevated heart rate
- Difficulty swallowing
- Persistent vomiting
- Internal bleeding
Discharging a patient too early or dismissing warning signs may delay life-saving treatment.
4. Failure to Diagnose Internal Bleeding
Internal bleeding following bariatric surgery can become fatal if left untreated. Warning signs include:
- Dizziness
- Weakness
- Falling blood pressure
- Rapid pulse
- Severe abdominal pain
- Fainting
Doctors who fail to order appropriate imaging studies or emergency surgery when indicated may be held accountable if the delay worsens the patient’s condition.
5. Anesthesia Errors
Anesthesia mistakes can occur before, during, or after bariatric surgery. Potential errors can include:
- Incorrect medication dosage
- Failure to monitor oxygen levels
- Airway management failures
- Delayed recognition of respiratory distress
- Allergic reactions that are improperly managed
Because many bariatric patients have obesity-related health conditions, anesthesia requires particularly careful planning.
6. Failure to Properly Screen Patients
Not every patient is an appropriate candidate for bariatric surgery. Before recommending surgery, physicians should carefully evaluate:
- Cardiac health
- Pulmonary function
- Diabetes
- Liver disease
- Previous abdominal surgeries
- Mental health
- Nutritional status
Operating on someone who is not a good candidate for the procedure may constitute medical negligence.
7. Inadequate Informed Consent
Patients have the legal right to make informed decisions regarding their medical care. Before surgery, physicians should discuss:
- Expected benefits
- Alternative treatments
- Significant risks
- Possible complications
- Recovery expectations
If surgical risks are withheld or minimized, patients may have a claim for lack of informed consent.
Serious Injuries Caused By Bariatric Surgery Malpractice
Medical negligence during weight loss surgery can result in devastating injuries, including:
- Sepsis
- Organ perforation
- Internal bleeding
- Permanent digestive disorders
- Malnutrition
- Chronic pain
- Pulmonary embolism
- Kidney failure
- Nerve injuries
- Permanent disability
- Wrongful death
Many patients require months or even years of additional medical treatment after preventable surgical errors. Some never regain their previous quality of life.
There are many warning signs of medical negligence related to bariatric surgery. A poor outcome may be due to medical malpractice if:
- Your symptoms were repeatedly dismissed despite your condition worsening.
- Multiple emergency surgeries became necessary shortly after your procedure.
- Doctors delayed ordering diagnostic testing despite complications.
- Hospital staff ignored abnormal vital signs.
- Medical records appear incomplete or altered.
- Another physician tells you that your complications should have been recognized earlier.
Patients often learn something went wrong only after seeking treatment from another medical provider.
Proving a Bariatric Surgery Malpractice Case in Florida
Medical malpractice cases are among the most complex personal injury claims. To recover compensation for medical negligence in Florida, you must be able to establish several elements:
- A doctor-patient relationship existed. This shows that the healthcare provider owed you a professional duty of care.
- The provider breached the standard of care. Florida law requires proof that another reasonably careful healthcare provider would have acted differently under similar circumstances. Expert medical testimony will be required to bring a medical malpractice lawsuit under Florida law.
- The breach caused your injuries. It is not enough to show that a mistake occurred. The negligence must have directly caused or substantially contributed to your injuries.
- You suffered damages. You will have to show that you suffered losses as a result of the medical negligence.
Florida has specific procedures that govern medical malpractice claims. Before filing a lawsuit, patients must comply with statutory pre-suit laws, which include a requirement that a qualified medical expert believes that negligence occurred. These procedural rules are designed to ensure that a claim has merit (i.e., to reduce frivolous lawsuits).
Florida’s medical malpractice rules are highly technical and complicated. Missing deadlines or failing to comply with the required process can jeopardize your case. Because of these requirements, it is important to speak with a Florida bariatric surgery malpractice lawyer as soon as possible after discovering a potential error related to your surgery.
Every medical malpractice case is unique. Depending on your injuries, you may be able to recover compensation for your:
- Economic damages, such as past medical expenses, future medical treatment, rehabilitation, prescription medications, home healthcare, lost income, and future lost earning capacity.
- Non-economic damages, such as pain and suffering, emotional distress, permanent disability, physical impairment, scarring, and loss of enjoyment of life.
In rare cases, punitive damages may also be awarded. These damages are meant to punish someone who acted intentionally or with gross recklessness. Most medical malpractice claims are based on negligence, or carelessness. However, there may be situations (such as operating on a patient under the influence of alcohol and/or drugs) where punitive damages are appropriate.
Any type of malpractice related to bariatric surgery can have significant, lifelong consequences for the patient. The key to getting the compensation that you deserve for bariatric surgery malpractice is to work with an experienced Florida malpractice lawyer. An attorney can evaluate your case, gather supporting evidence, work with medical experts, and fight for your right to full compensation.
How Gould Cooksey Fennell Can Help
Medical malpractice cases involving bariatric surgery require extensive legal and medical knowledge. At Gould Cooksey Fennell, our attorneys understand the challenges patients face after a preventable surgical injury. We work with respected medical experts to analyze treatment decisions, identify deviations from the accepted standard of care, and build strong claims on behalf of our clients.
We understand that no amount of compensation can undo the harm caused by medical negligence. However, a successful claim can provide the financial resources necessary for ongoing medical care while simultaneously holding negligent healthcare providers accountable. If you have been harmed by medical negligence related to a weight loss surgery, call our law offices at 772-231-1100 or fill out our online contact form to schedule a free initial consultation with a Florida bariatric surgery malpractice lawyer.
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We’ve recovered over $150 million for our clients. These are real case results from real people who came to us for help. And we got them what they were owed.
A 52 year old man arrived at a hospital ER with a UTI, resulting in negligent, non-emergency intubation that caused the catastrophic anoxic brain injury leading to his death. After a trial involving complex medical and technical issues relating to critical care medicine, infectious disease, hospital administration, and electronic medical record systems, the family obtained a wrongful death settlement of $31.9 million.
Medical Negligence claim arising out of a breach in the standard of care by failing to follow physician’s orders and hospital policies with regard to timely assessments of the Plaintiff and her vital signs; failing to recognize signs of respiratory distress; and failing to follow hospital policies regarding recording and disposal of PCA morphine.
Trial arising from failure to diagnosis colon perforation after a laparoscopic hysterectomy surgery causing permanent injury to the Plaintiff. After a three week trial a Martin County jury rejected the Defendants’ position finding the hospital 70% responsible for Mrs. Moore’s damages and the physician 30% responsible. The award included just over $600,000 for past medical expenses, $370,000 in future medical care, and non-economic damages of almost $2 million.
Gould Cooksey Fennell served as Co-Counsel in a Georgia case involving alleged misdiagnosis/mistreatment of preeclampsia resulting in the death of a 39 year old mother.
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