In 2001, the Federal Drug Administration (FDA) approved gastric banding as a surgical procedure to help obese people lose weight. Gastric banding is typically recommended for people who are more than 100 pounds overweight or have a BMI over 35 and a serious medical condition such as diabetes or sleep apnea.
How the Procedure is Done
Gastric banding surgery is a procedure that is performed to change the size of the stomach and thereby decrease a person’s weight. A surgeon will use a band to close around the upper part of the stomach thereby creating a pouch that limits how much food the stomach can hold. After surgery, the surgeon can adjust the band as necessary for the patent’s optimal digestive health.
The procedure is done under general anesthesia and with laparoscopic procedures. Once the patient is under anesthesia, the surgeon makes small incisions on the abdomen and uses a video camera to guide small instruments that allow the surgeon to place the band correctly on the stomach.
Risks
As with any surgery, there are risks involved with gastric banding surgeries. Common, and acceptable, risks of gastric banding surgery (assuming they are fully disclosed to the patient) include an increased risk of gallstones, stomach injuries, bowel obstructions, gastritis, ulcers and poor nutrition due to the presence of the band.
The potential for failure and significant health risks increases significantly if the operation is not performed correctly because of a surgeon’s, anesthesiologist’s or other medical professional’s negligence.
Opportunity for Negligence and Injury
Negligence and significant injury is a possibility for patients undergoing gastric banding surgery. In addition to the risks described above, negligence can result in the following types of injuries: significant blood loss, breathing problems related to anesthesia, and slipping of the gastric band that results in changes to the shape of the stomach, malnutrition, infection or blockage;
A doctor may have been negligent if the doctor:
- Recommended gastric banding for a patient who was not a good candidate for the surgery; or
- Failed to properly monitor and treat the patient during and after surgery.
Medical Negligence and Malpractice Suits
Gastric banding patients, or their survivors, may be able to file a lawsuit in state court if their injuries were due to medical negligence. Arbitration or mediation may also be available methods for filing a claim. Potential damages in a gastric banding malpractice case include compensation for medical expenses, past and future lost income and pain and suffering.
Getting Legal Help
The amount of damages at stake, and the effect of a financial recovery on your family, can be significant. A medical malpractice lawyer can make sure that your rights are protected and help you achieve the greatest possible amount of damages. You can be confident that the surgeon, or other medical professional, who allegedly committed the malpractice will be zealously defended by capable counsel. You, and your family, deserve the same advantage.
