Gastric Band & Bypass Surgery Medical Negligence Compensation Claim Solicitors

Increasing Rates of Clinical Negligence in Australia

Whilst weight loss surgery has been carried out in Australia for decades, there has been an exponential rise over recent years caused by soaring obesity rates. It is estimated that almost a third of all Australian adults are now classified as obese with rates increasing yearly and demand for weight loss surgery including gastric bypass, lap band and gastric band procedures rising even faster. Whilst most surgery is carried out competently there are concerns about increasing rates of medical negligence involving bariatric surgery which is exacerbated by the fact that administration of anaesthetic to an obese person is not without danger in itself coupled with the fact that many patients are elderly. Insurers have indicated that whilst fatalities are rare there are serious concerns about aftercare and wound infection rates with a requirement for many repeat surgical procedures caused by slippage in situ of a lap band or gastric band.

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Negligent Weight Loss Surgery Procedures

It is estimated that there are almost 4,000 instances of surgical weight loss procedures carried out in Australia every year which includes gastric bypass surgery and fitting of lap bands or gastric bands. Reasons for the increase of weight loss surgery medical negligence compensation claims include inadequate surgical technique, negligent aftercare and failure by doctors to fully explain the risks of the operation. The rates of medical negligence claims for problems associated with gastric bypass surgery and lap band or gastric band surgery is not expected to decline in the near future due the increasing demand and the relative lack of skill and expertise of doctors who are new to this particular area of surgery. Whilst negligence rates will decrease as skill increases, the ever increasing number of weight loss procedures carried out each year will ensure that there is no overall drop in the number of medical negligence compensation claims associated with bariatric surgery.

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What is Lap Band & Gastric Band Surgery?

In the case of lap band surgery & gastric band surgery, a physical restriction reduces stomach capacity which usually involves placing a restrictive silicone band around the upper part of the stomach that can be adjusted by addition or removal of saline through an accessible port placed under the skin.

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What is Gastric Bypass Surgery?

Weight loss surgery includes gastric bypass surgery which works by making the stomach smaller and by shortening the digestive system thereby making it less efficient for absorbing nutrients. Surgery involves making the stomach smaller by dissection and reconnecting the stomach to a lower part of the intestine thereby reducing the efficiency of absorption of nutrients. This procedure is so effective that many patients need to supplement their diet with additional vitamins.

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The Law of Negligence in Australia

The fact that there is a complication does not of itself indicate medical negligence. For a finding of medical negligence it must be shown that surgical procedure was carried out with a lack of skill and care. The fact that a well documented complication arises does not of itself indicate negligence. The court in Australia does not judge a doctors competence by reference to the generally accepted practices of his profession but whether it conforms to the standard of reasonable care demanded by the law which means that questions of competence are decided by the court as opposed to doctors.

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Failure to Disclose Risk & Informed Decisions

The risk involved in weight loss surgery is quite high in comparison to many other surgical procedures with a mortality rate of 1 in 500. In addition there is a total risk of complications occurring of about 40% within 6 months of the operation with serious infection accounting for about 6% of all cases. As in all surgical procedures the risk falls as the surgeon’s skill, expertise and experience increases. It is incumbent on a surgeon to fully explain all risks associated with any weight loss surgery prior to any surgical intervention and the mere fact that a surgeon does not fully discharge this responsibility is in itself an act of medical negligence and leaves the door open for a compensation claim for almost any subsequent complication that may arise whether or not the surgical procedure was in itself negligent.

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Post Operative Infections

All weight loss and bariatric surgery carries risk however the most serious risk and the one most likely to give rise to a medical negligence compensation claim relates to inadequate post operative care, in particular failure to observe or control post operative infection which at worst carries a risk of death with less serious consequences including unsightly scarring.

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Lap Band & Gastric Band Slippage

The placement of a lap band or gastric band is critical for successful weight loss. Failure to properly carry out the initial surgical procedure may mean that the band leaks necessitating a repeat of the surgery. It may be possible to claim compensation for medical negligence if the initial procedure was carried out improperly and had to be repeated.

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Doctors Skill & Expertise

As in all surgical procedures the skill and expertise of the surgeon is paramount to a successful outcome. If a doctor fails to use reasonable skill and care whilst carrying out the procedure it may be possible to take action for medical negligence if there is an unfortunate outcome. In most cases, the more experience a surgeon has in a particular procedure the less chance there is of medical negligence. It is advisable to make enquiries about the surgeons experience prior to allowing any surgical procedure to be carried out.

PERSONAL INJURY SOLICITORS FREE HELPLINE 1800 339 353

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Medical Negligence Solicitors

Our specialist clinical negligence solicitors have detailed experience in dealing with gastric bypass, gastric band and lap band surgery compensation claims. They are able to offer no win no fee to qualifying applicants who have suffered from the negative effects of weight loss surgery. If you would like free advice without obligation just email, complete the contact form of use the helpline.