Gastric Bypass Surgery: Malpractice Attorneys

Obesity is a growing problem in the United States with one out of every three Americans considered obese. Obesity increases the risk of diabetes, heart disease, stroke, arthritis and some cancers. When diet, exercise and medication do not help those desperate to lose weight, gastric bypass surgery is an alternative. Close to 150,000 Americans undergo gastric bypass surgery each year. Weight loss or bariatric surgeries are complex procedures that bring risks of their own, such as post-operative leaks, that can lead to serious injury and death when performed by inexperienced surgeons or when medical mistakes are made during surgery.

If you believe you were harmed by your gastric bypass surgery, contact the Family of Lawyers at Munley, Munley & Cartwright at 877-421-9173 for a free consultation. Our Scranton medical malpractice attorneys understand the complexity of medical malpractice laws and the challenge of proving negligence in medical cases.

Gastric bypass and other types of weight reduction procedures have become more popular over the last few years, and the number of physicians performing the surgeries is growing. Gastric bypass surgery should be regarded as a major procedure performed on a high-risk population, and thus, should be performed by well-trained, experienced surgeons. In an effort to keep up with increased demand, however, some hospitals are turning to inexperienced surgeons, resulting in injury to patients.

Surgical Complications

Weight-loss surgeries change your digestive system, often limiting the amount of food you can eat. The surgery reduces the stomach to the size of a walnut so that patients feel full after about an ounce of food. These surgeries help you lose weight and can lower the risk of medical problems associated with obesity. It is important to weigh the risks associated with the surgery to the risks associated with morbid obesity. Most complications can be avoided with proper medical care, and the commitment to lose the weight and to lead a healthier lifestyle.

However, complications do occur. A common post surgery injury is post-operative leakage. This condition results when gastrointestinal fluids leak from sutured or stapled surgical connection lines. The leaks must be addressed immediately as the risk of serious infection, septic shock, or even death is extremely high. Most often leaks present symptoms, including increased abdominal pain, back pain, left shoulder pain, and restricted breathing, within 12 hours of surgery.

Physicians should quickly recognize the possibility of a leakage and order an x-ray and an exploratory surgery, regardless of x-ray results, to immediately address the problem. The failure of a physician to respond immediately to patient discomfort from adverse symptoms may be a sign of substandard care that indicates medical malpractice has occurred.

Other complications, both short-term and long-term, from gastric bypass surgeries include:

•  Excessive bleeding
•  Infection
•  Pulmonary embolism (blood clot in lung)
•  Gallstones and kidney stones
•  Vitamin B-12 and other nutritional deficiencies.

Types of Surgeries

While gastric bypass surgery is a specific medical procedure used for weight loss, it is often used to collectively identify weight loss surgery. There are two categories of weight loss surgery: restrictive and malabsorptive.

Restrictive surgeries, of which gastric bypass is one type, are designed to restrict food intake by shrinking the stomach. These operations may be reversed, and they require strict dietary control from patients in order to achieve and maintain desired weight loss. The stomach can ultimately stretch if the patient persists in overeating or eating fatty foods, thus ending weight loss.

Malabsorptive surgeries involve permanent changes to the anatomy of the normal digestive process. Patients having these procedures will eat less and absorb fewer calories. Higher weight loss is achieved through malabsorptive surgeries and is recommended for patients whose lives depend on weight loss.

Adjustable Gastric Band (LAGB)

Most commonly referred to as a "Lap Band," this restrictive procedure reduces the rate at which food can enter the stomach. The procedure involves placing a band around the upper end of the stomach creating a small gastric pouch narrowing the passageway into the lower part of the stomach. The average percentage of excess weight loss is 45-55 percent, but can become ineffective when a patient overeats. This procedure requires dedication and lifestyle changes by the patient to maintain weight loss. This procedure can easily be reversed through surgery.

Roux-En-Y Gastric Bypass

In this surgery, the stomach is made smaller through the creation of a small stomach pouch by stapling part of the stomach together. A Y-shaped section of the small intestine is then attached to the pouch to allow food to bypass the duodenum as well as the first portion of the jejunum. This procedure can now be done using a laparoscope resulting in smaller incisions and a faster recovery time. People who opt for this malabsorptive bypass surgery generally lose two-thirds of their excess weight within two years. Some side effects from this include: pouch stretching, band erosion, breakdown of staple lines, leakage of stomach contents into the abdomen, and nutritional deficiencies causing health problems.

Biliopancreatic Diversion with Duodenal Switch

This malabsorptive surgery involves removal of about 80 percent of the stomach, forming a thin sleeve-like stomach. The valve that releases food to the small intestine remains (duodenal switch) along with a limited portion of the small intestine that normally connects to the stomach (duodenum). The majority of the intestine is bypassed. This surgery limits the number of calories absorbed by shortening the effective length of the small bowel. This carries a high risk for malnutrition and is used on the morbidly obese with a body mass index greater than 50.

Surgical Screening

Many benefits can be achieved through bariatric surgery; however, it is critically important that the patients are properly screened to assure compatibility for any weight loss procedure. Without proper screening additional complications and risks could be encountered, potentially resulting in medical malpractice claims.

Following are the primary screening guidelines for determining if a patient is a candidate for bariatric surgery:

•  Body Mass Index. Your body mass index must be 40 or above, or you must have a body mass index of 35 or above with obesity related health conditions. Health-related conditions include sleep apnea, high blood pressure, type 2 diabetes, arthritis, or heart disease. Other conditions may be included based on the physicians' judgment.
•  Length of Obesity. You must have been obese for at least five years.
•  Weight Loss Attempt. You must have been unable to achieve or maintain a healthy weight through diet and exercise.
•  Age. Patients between the ages of 18 and 65 are the primary candidates. Certain adolescents may now be eligible for weight loss surgery.
•  General medical condition. Some health problems increase the risks associated with having surgery or may be worsened by surgery, such as blood clots, liver disease, heart problems, kidney stones and nutritional deficiencies.
• Emotional stability/dedication. The patient should be fully prepared emotionally for the surgical procedure. Serious lifestyle changes will be required, and the patient should show dedication to the success of the surgery and should be fully aware of all risks.

There are inherent risks and complications from gastric bypass surgeries and not all of them are preventable. Gastric bypass malpractice claims can be made when substandard care is given or complications are caused through negligence or carelessness by your medical team.

If you or a loved one has had bariatric surgery and are suffering from any of the above-listed complications, see your doctor. It may also be necessary to call a lawyer to protect your legal rights, because you may have a medical malpractice claim.

At Munley, Munley & Cartwright, we have offices conveniently located in Stroudsburg, Carbondale, Hamlin, Hazleton, Scranton, and Wilkes-Barre, PA. We have the benefit of the local presence within and knowledge of the local legal communities where medical malpractice matters are litigated. Our firm has built a reputation over 40 years in the courts within Lackawana, Monroe, Schuylkill, Wayne, Luzerne, and Wyoming counties. Our goal is to provide exceptional legal services to our clients. Contact us now for a free claim evaluation at 877-421-9173.