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Recent Negligent weight-loss surgery Claims

The Clinical Negligence Team have recovered very substantial sums of compensation for clients in a number of medical negligence claims. Here are a selection of our most recent successful cases:

£65,000 awarded for failing to promptly treat a slipped gastric band

Richard Coleman represented a client who brought a claim against a District Hospital for failing to promptly treat a slipped gastric band. As a result of the delay our client suffered life threatening infection, death of tissue and the need for a gastrectomy.

The hospital tried to argue that as a general district hospital they could not be expected to know how to deal with something as complicated as a gastric band. Richard succeeded in forcing the Defendant hospital to accept that these procedures are now common in the UK and so all hospitals can expect to see some patients and that the principles involved in terms of diagnosis and treatment were general and not specific to weight loss (bariatric) surgery, and the claim succeeded. Our client received compensation of £65,000.

£350,000 awarded for an incorrect bypass procedure

Richard Coleman, who has a speciality in bariatric cases, recovered £350,000 for a 30 year old lady who was given an incorrect bypass procedure. A Roux-en-Y had been requested, but a much more radical biliopancreatic diversion was performed, which caused her to suffer Dumping Syndrome and severe malnutrition. As a result of this she needed care assistance and had to give up working.

£570,000 awarded for a leak resulting from bypass surgery

Richard Coleman, weight loss surgery expert, acted for a female client who had undergone a Roux-en-Y gastric bypass, which was performed laparoscopically on a private basis.

Following the surgery she developed a leak from one of the join sites that led to her developing sepsis and respiratory failure and the need for emergency surgery. Following the surgery (and because of the sepsis) our client developed a fistula that required further surgery, abdominal adhesions that caused pain on movement and bowel dysfunction such that she had to use enemas and irrigation to pass stools.

A leak is a recognised complication of the bypass surgery but we were able to prove that the surgeon did not properly check the joins for leaks during surgery and before closing and that this was negligent. The case settled out of Court for £570,000.

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