My wife had gastric bypass surgery a few months ago, and last week we had to rush her to the hospital because she was complaining of stomach pains. We found out some of the staples had come undone, and bile was leaking into her body which caused a massive infection. Now she has to go through more surgeries, and the doctors tell me there is damage to some of her organs. Can I sue the doctor for the malpractice?
My wife had gastric bypass surgery and the staples came out causing a massive infection. Can I file a lawsuit?
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Answer: (1)
All medical malpractice claims are complicated, but in this case, I would imagine the most difficult element to prove would be the actual cause of the staples coming loose and cause the damage.
For patients of gastric bypass surgery, there are very limited dietary options after surgery, and over eating can potentially cause the stomach to rupture at the stapled site causing leakage.
On the other hand, there have been cases where the staples themselves have been proven to be defective, placing the liability for the injury on the manufacturer.
The third possibility is some type of medical negligence which lead to the opening of the stomach. Still, it could be a combination of these things. Ultimately, your case will depend on the outcome of an investigation into the actual cause of the stomach leakage.
Talk to a medical malpractice lawyer and describe your case and the resulting injuries and medical expenses. many of these attorneys have a medical doctor on staff or closely available who can give some medical opinion regarding the likely causes for the injury.
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Posted by Staff Writer on 21 Jan 2010