I had bariatric surgery and the doctor made a mistake when he installed the lap band. Is a mistake during bariatric surgery medical malpractice? How do I know whether what the doctor did is something I can sue him for or not?
Is a mistake during bariatric surgery medical malpracitce?
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Answer: (1)
Medical malpractice stems from a doctor’s duty to treat all patients to the accepted standard of care. Any deviation from this standard may be grounds for negligence and a medical malpractice lawsuit. This means that if your doctor behaved less competently than a reasonable doctor in his position would have, he may be responsible for any harm that came from that breach.
Bariatric surgery is no exception, and some of the most common cases of malpractice related to bariatric surgery is damage to nearby organs during the surgery, or even post-surgery band slippage is not done correctly
You should consult with an experienced medical malpractice attorney who can help you determine how to prove that the doctor breached his duty. To recover, you also need to have been damaged in some way by the doctor’s surgical mistake, so you should also discuss any damages- in the form of pain and suffering, lost wages or emotional distress- with your attorney.
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Posted by Christy Rakoczy on 23 Mar 2010