Weight loss surgery (or bariatric surgery) is a major event that will change your life. Unfortunately, things can go wrong and if your operation has not been a success, you might want to seek compensation to get the support you need – if so, we can help.
Whatever the reason why your bariatric surgery has not gone well, we have the knowledge and the experience to understand the medical issues involved and take care of the legal side of things.
Help with weight loss surgery problems
There are two main techniques for weight loss surgery: gastric banding and gastric bypass surgery. We understand the risks associated with each option.
Gastric band problems commonly occur when the band has been incorrectly placed, or it has been placed at an incorrect angle which can cause blockages. Failure to identify and treat these problems quickly can lead to infections and malnutrition.
Alternatively, if you have a gastric bypass, there is a risk that the surgery may not be carried out to an acceptable standard and this may lead to you requiring further surgery. In some instances, your new and remnant stomach may not be correctly divided during the surgery or there may be incorrect stapling of the joins during the surgery.
We have extensive experience in dealing with claims where there has been negligent care during weight loss surgery and we can help you take steps towards recovering compensation.
Common claims involving bariatric surgery can include:
- incorrect placement of a gastric band causing blockages and requiring further procedures;
- stapling of the joins in gastric bypass surgery incorrectly;
- not performing the weight loss surgery to an accepted standard;
- not completing a gastric bypass leading to a leak or the failure to identify the leak promptly which leads to further complications requiring treatment;
- not identifying and treating problems such as band slippage, or post operative infections and malnutrition, in a prompt manner;
- failure to recognise and treat promptly punctures to the stomach causes by the surgery.
Claiming for compensation
If your weight loss surgery has gone wrong or you have suffered gastric band problems, we can help you make a claim to cover both the pain and suffering the procedure has caused you, and compensation for any costs you’ve incurred. This can include anything from money spent on past and future care, to equipment and further therapy.
A claim focused on your individual needs
Your case and the extent of the compensation we will seek will depend very much on the severity of the injury and the effect it’s having on your life. We can advise you as to what you can expect, and keep you informed at all stages.
What can I claim for?
As well as compensation for your physical and psychological injuries, you are also entitled to the financial losses and expenses incurred as a direct result of the accident.
- Loss of earnings
- Private medical expenses
- Transport costs
- Nutritional/vitamin supplements and
- Care, support and assistance costs.
We can discuss the losses with you in more detail at the beginning of your case. It is important to try and keep a record of your losses along with any receipts.
How will I fund the costs of my claim?
You may have the benefit of a legal expenses insurance policy and it is always important that you check whether you hold this.
If you do not have this, we can assess if your case can be funded by way of a “no win, no fee” agreement.
We will fully advise you on your options when you contact our specialist claims handlers.
How long will it take to bring my case?
The length of any claim will depend on the nature and complexity of your case. Generally speaking the more complex and valuable a case, the longer it will take to conclude.
It will also depend on the actions of the Defendant Doctor or Hospital Trust. If the Defendant admits liability early your case will progress more quickly, but frequently liability or the value of the case is vigorously fought, adding a lot of extra time. On average a case will take around 2 years to settle.
How soon do I need to bring my case?
Generally speaking you have three years from the point of injury, or knowledge of the injury, in which to bring a claim.
Sensitive and specialist support for you and your family
We believe in providing our clients not just with the expert legal support they need to succeed with their claim, but a full team of specialists who have years of experience and can deal with a claim with sensitivity.
We know that weight loss surgery is not a procedure that is undergone lightly, and having worked with many claimants over the years understand that it’s important to deliver support that is sensitive to the issues they’re facing.
“Since my initial enquiry to Royds Withy King regarding poor treatment by the NHS, I have received a first class service… the end result exceeded my expectations… I would wholeheartedly recommend Royds Withy King”
Royds Withy King client
If you would like to speak to our team, please contact us on 0800 923 2080, or by emailing firstname.lastname@example.org to find out how we can help.
Recent case examples
Richard Coleman and his bariatric team recently settled for £1M a much-fought claim on behalf of a client who had had RNY bypass surgery. The case was complex and involved allegations of poor consenting process and a failure to promptly identify and treat a leak by the private surgeon leading to sepsis and an emergency transfer to an NHS hospital for treatment in ICU.
Allegations were also brought against the NHS Trust for malnutrition during the client’s subsequent long stay in the hospital that led to a dramatic and permanent deterioration in the client’s underlying MS.
The case settled just 2 months before trial was due to start.
Richard Coleman and his bariatric team obtained compensation of £530,000 for a RNY bypass patient who, following the surgery, developed a leak from where the bowel had been re-joined lower down her intestines. Our claim was that the surgeon had not carried out the proper checks to make sure he had left no gaps in the join. Although he was a consultant surgeon this was only 6th time he had undertaken this particular surgery and only the 3rd time without supervision. She required multiple operations and was left with faecal incontinence.
Another bariatric team client was offered a procedure that was pretty much obsolete due to better, newer types of surgery being available. This though was the only procedure that surgeon had experience in and that procedure was totally unsuitable for our client. She endured many years of only being able to eat soft food received compensation of £115,000.
We obtained £150,000 for a client who had suffered a clipped gastric band but this was not diagnosed and treated promptly leading to stomach necrosis and the need to remove 1/3 of her stomach. She was left with difficulty eating solid food.
Royds Withy King’s bariatric team won £40,000 for another client who had suffered a gastric band erosion that was not diagnosed and dealt with in a timely fashion. This client was left with chronic diarrhoea that was so bad she took the decision to have a colostomy.
Another Royds Withy King bariatric team client obtained £30,000 for a failure to give all of the risks and benefits involved in a gastric band which meant she underwent that procedure when a bypass was more appropriate for her. Furthermore there was then a delay in diagnosis the subsequent erosion of the band into her stomach which led to an extensive period of pain and suffering and the need for further surgery.