Medical Negligence*

Gastric Band Surgery Negligence Claims*

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.

Tell Us About Your Case

When Do Gastric Band Negligence Claims Arise?

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 procedures, 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:

  • Nausea
  • 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 of 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*

Risk Notification

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.

Post-operative Care

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 require more time to recover the medical team can be held accountable.

Tell Us About Your Case

Fill in your details below and we'll contact you to discuss your case in complete confidentiality.

  • This field is for validation purposes and should be left unchanged.
Our helpful team

Need Help? Just Ask.

For more information and a confidential discussion on your medical negligence claim, call Elaine Hickey, Head Medical Negligence Solicitor, on +353 1 649 9900 and tell her about your medical malpractice case or reach out via email to and she can call you back.

How do I make a claim?

Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist medical negligence solicitor to help you with this.

  1. Speak with a solicitor

    If you feel that you were not provided with appropriate medical treatment whilst under the care of a medical professional which resulted in injury due to the actions or in-actions of a medical professional, then speaking with a medical negligence solicitor following the injury is imperative. Medical negligence is a complex topic in Irish law. Speak to a medical negligence solicitor when bringing a claim forward. This ensures that no essential steps are missed throughout the legal process. Bringing a claim forward without having spoken to a solicitor can delay your claims procedure. A solicitor can help to determine your medical negligence time limit claim.

  2. Obtain medical records

    In order to make a claim, it must be established and proven that the injury sustained was caused by the medical negligence of the doctor or medical staff tasked with your medical care. Therefore, after having spoken with you about your case, your solicitor will then request access to your medical records. At this stage, the solicitor will have your medical records assessed by an independent medical expert. This will help determine whether a surgeon or medical staff who treated you had, in fact, administered substandard medical care and if negligence was the cause of the injury and if your injuries/outcome could have been avoided if the appropriate level of medical care had been adhered to.

  3. Letter of Claim

    If the independent medical expert has concluded that medical negligence has occurred, then your solicitor will draft a Letter of Claim to the medical practitioner who treated you. A Letter of Claim will outline the nature of your case and invites the medical practitioner to settle your case. The next steps involved are heavily dependent on your case and response to your Letter of Claim and will determine whether your case will be brought to court or settled outside of court. Your solicitor will be on hand every step of the way to guide you through this process.

At Tracey Solicitors LLP, our dedicated medical negligence solicitors have years of experience in helping people deal with traumatic medical injury claims. We understand the injuries, both physically and emotionally, that you have suffered and have supported and helped many people in similar situations proceed with medical negligence claims in Ireland over the past 30 years.

For more information and a confidential discussion on your medical injury claim, phone 01 649 9900 or email to tell us about your case, where you can speak with a member of our team straight away.

What Our Clients Say

We aim to provide clear and independent legal advice and achieve the best possible outcomes for our clients.

The service was fast, efficient and a pleasant experience. I would highly recommend Tracey Solicitors LLP and Maria.
Thank you for your time and patience while this was all sorted out. Your communication has been faultless and your service exemplary. I would highly recommend you to anyone!
Excellent. Maria kept me informed of progress all the time. Very efficient.
View More Testimonials

Case Settlement

If you are to proceed with a medical negligence claim you may be entitled to claim compensation for the accident and added expenses, you may have incurred. These claims are called damages.

General Damages

General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following a medical negligence injury.

Special Damages

Special damages are out of pocket expenses incurred as a result of the medical negligence injury, for example, loss of earnings (if you are out of work), medical bills, added travel costs as a result of the accident (for example, travel to and from the hospital) and future care costs. Learn more about Special Damages.

What are the Legal Time Limits?

The statute of limitations are the legal time limits on how long you have to make a claim, which can vary depending on the situation. When taking into account how long medical negligence claims take, it is important to remember that medical negligence cases require certain time frames in place within which you can bring a claim. For medical negligence claims it is two years less a day following the date of the incident or two years less a day following the date that a person made the connection that their illness or injuries were a result of medical negligence. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.

Medical Negligence Involving Children

In an unfortunate incident where a child is subject to medical negligence, the process of making a claim differs from that of an adult. A minor may be in a position to bring a claim forward in the first two years following their 18th birthday.

Learn more about Legal Time Limits

About Tracey Solicitors LLP

We draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.

We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.

Contact Us

Our friendly and experienced team are waiting to answer your call. Lines are open Monday to Friday, from 9am to 5pm.

+353 1 649 9900

Or you can fill out our contact form and we'll call you back.