Bariatric Surgery / Weight Loss Surgery Claims

Weight loss surgery may be available on the NHS for those with a body mass index (BMI) of over 40 or a BMI of between 35 and 40 along with an obesity related condition such as type 2 diabetes or high blood pressure, that might improve with weight loss. A patient must have tried all other weight loss methods to obtain NHS bariatric surgery. However, weight loss surgery can be obtained privately.

There are several types of bariatric surgery procedures which include:

• Gastric band – where a band is placed around the stomach so that less food is required to feel full.
• Gastric bypass – where the top part of the stomach is joined to the small intestine so that less food is required to feel full and fewer calories absorbed.
• Gastric sleeve – where part of the stomach is removed.

Bariatric surgery is complex and a recovery afterwards can be a long and arduous journey for the patient. Several different medical professionals will be involved in managing each patient in addition to the surgeon who undertakes the procedure including gastroenterologists, nutritionists and GPs. There are risks associated with weight loss surgery and patients should be made aware of these.

Claims for medical negligence can arise from bariatric surgery if errors are made during the surgery which lead to an injury such as a perforation of an organ. Claims can also arise if the surgery is not carried out with sufficient technical expertise and there is a problem such as incorrect placement of a gastric band causing blockages or incorrect stapling of the joins in a gastric bypass.

However, claims can arise in other ways from the surgery, in particular from:

• Failures to recognise early complications post operatively such as leaking and bleeding which can result in serious infection.
• Failures by doctors in the years after the surgery to detect hernias such as a Petersen’s hernia, which bariatric surgery patients are at increased risk of developing. Hernias may require repair surgery otherwise there can be complications.
• Failures to recognise malnutrition.
• Failing to obtain informed consent for the surgery where the patient would not have undertaken it had they been made fully aware of the risks.