Virginia Gastric Bypass Surgery Malpractice Lawyer

Gastric bypass surgery offers many overweight people their last chance to return to a healthy weight. While this procedure has been approved for use for many years, it can still carry great risk if performed improperly. On top of the obvious complications that can arise from a sudden change in diet, all the usual potential hazards with a major surgery may also apply.

Any of these complications can be a serious risk to a patient’s ongoing health. Whenever these complications arise as a result of poor medical care performed by a doctor or hospital the patient has the right to seek compensation through a medical malpractice claim.

A Virginia gastric bypass surgery malpractice lawyer may be able to help. They work with clients to explain the relevant Virginia laws, to examine whether the care was poor enough to warrant a malpractice suit, and to work with experts in the medical field to prove the case.

Potential Complications in Gastric Bypass Surgeries

A gastric bypass surgery is a complicated medical procedure. This surgery involves the forced shrinking of the stomach in order to limit the amount of food that a person may ingest. To accomplish this, doctors are forced to completely open a patient’s abdominal cavity to access the digestive system.

As with any open body surgery, the risk for complication by infection is high. Even though surgeries are supposed to be performed in a sterile environment, accidents do happen that can lead to contamination. This contamination can lead to serious infections of a person’s bloodstream or internal organs.

Even if a person avoids this infection, the surgery itself presents with great risk. Common side effects or complications present in gastric bypass surgery include:

  • Bowel obstruction
  • Gall stones
  • Malnutrition
  • Hernias
  • Stomach perforations
  • Low blood sugar

It is the responsibility of the injured patient to demonstrate that these side effects rose to the level of malpractice. The standard to which doctors and hospitals must perform their jobs is provided by Virginia law.

Proving a Malpractice Case in Virginia

Code of Virginia §8.01-581.20 states that all practitioners must meet a “…degree of skill and diligence practiced by a reasonably prudent practitioner in the field of practice of specialty.” To win a medical malpractice case, a plaintiff must prove that the care provided by the surgeon or hospital fell below this acceptable standard.

To do this, a plaintiff needs to work with a medical expert. This expert must be qualified to give their medical opinion as to whether the care provided in the case was so poor that unnecessary complications arose which caused the injury. Ideally, this expert will be well versed in the procedures and risks involved in gastric bypass surgery. A Virginia gastric bypass surgery malpractice lawyer could help clients to retain and work with these experts.

However, potential plaintiffs should be sure to move quickly. Virginia law strictly controls when a plaintiff can bring a case to court. Known as the statute of limitations, Code of Virginia §8.01-243 states that courts will refuse to hear personal injury cases if more than two years have passed since the date of the injury. Act immediately to protect your rights.

Talk to a Virginia Gastric Bypass Surgery Malpractice Attorney Today

Gastric bypass surgery can serve as a last resort for people who need to lose a lot of weight quickly. This is a drastic procedure that can have long-lasting benefits for many patients. However, as with any major surgery, the risks involved are substantial. Not only are there naturally occurring side effects that may arise regardless of the surgeon’s skill, poor medical care can also lead to serious injuries.

When a doctor or hospital error leads to an injury, that patient has the right to demand compensation through a medical malpractice claim. A Virginia gastric bypass surgery malpractice lawyer could help clients to pursue these claims. They work with established medical experts to investigate the claim, to author reports, and to testify at trial. Contact an attorney today to learn more.

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