Gastric Band Surgery Negligence Claim *
A gastric band is a silicone device that is placed around the upper section of the stomach. It creates a small pouch above the band which restricts the amount of food that can be comfortably eaten. The implementation of a gastric band is carried out through a surgical procedure. Gastric band negligence claims * arise when the medical team performing the operation fails to meet the expected duty of care and the patient is injured as a result or must undergo further surgery.
The most common reason behind a person getting a gastric band is to lose weight and combat obesity. In most cases, the insertion of a band is a success and improves the state of health of a person. However, it is important to note that like all other surgical procedure, there can be risks involved. It is possible that medical negligence may have occurred during the procedure which damaged the health and the life quality of the patient.
Medical staff members who perform surgical procedures have a duty of care to provide the best service they can offer along with being prepared and equipped for any potential things that could go wrong. The patient should be made aware of any risks associated with the procedure. Using anaesthetic brings about its usual set of potential health risks which include:
- Damaged teeth and throat
- Heart problems
- Damage to the respiratory system
Other negative outcomes can also be contracted from the gastric band surgery procedure. Peritonitis is an infection that can occur in the aftermath of bariatric surgery. The infection is caused by a leakage of gastric fluid into the stomach which can sometimes be fatal.
Symptoms to be aware for include a fever and chronic pain. If you have suffered this type of injury or any illness you think might be relatable you can contact our team of dedicated legal professionals who are on hand to answer your questions immediately.
Medical Negligence *
It is important patients undergoing surgery are notified of the potential outcomes that could occur. Because if a surgeon fails to communicate the risks involved it is possible that they may be held liable for any injuries that are sustained.
During surgery procedure
The medical team can be negligent if they deliver a level of substandard care. This can consist of the medical practitioners taking unnecessary risks during the procedure which puts the patient in danger. Furthermore, the staff should be trained to nullify any complications that occur during the operation. Because if there is a delayed reaction time to any complications this could prove costly for the patient.
Both prior to and after the surgery the individual is entitled to receive care that will help the recovery process. If a patient is discharged from a hospital when they required more time to recover the medical team can be held accountable.
Making a Claim
Speak with a Medical Negligence Solicitor
If you’re in a position whereby you are contemplating bringing legal proceedings forward it is advisable to discuss your situation with a solicitor. It is important to note that medical negligence can be a very complex topic in Irish Law. If an attempt is made to register a gastric band negligence claim * without any consultation there is a chance that a vital step of the process could be missed.
Obtain Medical Records
Medical records can be recovered upon request. Once obtained the information will provide a solid indicator as to where liability lies. The records will be examined by an independent medical practitioner and their expert opinion will be factored in.
Letter of Claim
If the independent medical expert has concluded that medical negligence is the cause of your injury then a solicitor will draft a Letter of Claim. Therefore this letter outlines the nature of the case and invites the negligent party to settle.
The next steps involved are heavily dependent on your case and response to your Letter of Claim. It will determine whether your case will be brought to court or settled outside of court. Your solicitor will be on hand to guide you through the process every step of the way.
TELL US ABOUT YOUR CASE
With over 30 years’ experience as a specialist medical negligence solicitors *, Tracey Solicitors ensure not to overwhelm you with legal jargon. On top of this we provide you with legal advice and guidance with your best interest at heart, in a language that you can understand.