Maryland Gastric Bypass Surgery Malpractice Lawyer

The Centers for Disease Control and Prevention estimates that more than one-third of adults in the United States are obese. Not only that but over 12 million adolescents between the age of 12 and 19 fall into this category as well.

In order to combat the health conditions associated with obesity, such as heart disease, diabetes, and stroke, many people opt for gastric bypass procedures to reduce their weight. But some experience complications that can lead to injury or even death.

If you believe that your injury was the result of the failure of your medical professional, enlist the help of a Maryland gastric bypass surgery malpractice lawyer today. With the help of an experienced medical malpractice attorney, you could to embark on the path to compensation.

Gastric Bypass Complications vs. Malpractice

Gastric bypass surgery is not something to take lightly. Even if done correctly, the human body is complex and many complications can arise.

Some of these complications include:

  • Ulcers
  • Blood clots
  • Gastric leakage
  • Peritonitis
  • Abdominal hemorrhage
  • Stomach tissue tearing

In order to receive compensation for injury or death as the result of gastric bypass procedure, individuals must show the court that the resulting damages of the surgery meet the following criteria:

  1. They were the result of medical malpractice or negligence on the part of the doctor, nurse, hospital, or another hospital provider
  2. They directly resulted in injury, death, pain, disability, or suffering of the patient

Filing a Gastric Bypass Surgery Malpractice Lawsuit

According to Maryland Courts and Judicial Proceedings Code §5–109, medical malpractice lawsuits must be filed in the three year period following the date the injury was discovered, or in the five year period from the date of the injury.

The plaintiff’s attorney must also make it reasonably clear that the injured individual could not, and did not, discover the injury prior to filing the lawsuit.

Filing a Certificate of Merit

Maryland medical malpractice must be supplemented with a certificate of merit, which requires a qualified medical profession to swear under oath that the standard of care was breached.

Moreover, Maryland Courts and Judicial Proceedings Code § 3–2C–01 requires the expert to have sufficient knowledge to provide the standard of care for gastric bypass surgery.

Finally, the certificate of merit must be filed within 90 days of the filing of the lawsuit, as per the Maryland Courts and Judicial Proceedings Code § 3–2C–02.

Presenting the Case

When it comes to malpractice within the realm of cosmetic surgery, gastric bypass, and other modifications to physical appearance, jurors are often predisposed to being less sympathetic.

For this reason, it is important to have an attorney familiar with the many dangers and devastating injuries that can stem from malpractice during gastric bypass surgery. Remember that gaining a certificate of merit does not guarantee compensation, and it does not mean that the jury will be sympathetic to your case.

How a Maryland Gastric Bypass Surgery Malpractice Attorney Can Help

Although gastric bypass surgery can be effective for people struggling with obesity, the damages can be devastating. If you or a family member has been harmed by medical negligence resulting from this surgical procedure, call our Maryland gastric bypass surgery malpractice lawyers today.