Gastric bypass surgery may be recommended for some obese people in a bid to shed as much weight and skin as possible. However, as with any other type of surgery, the procedure carries its own risk, and when it results in lasting brain injuries, legal action against the medical professionals who performed the procedure may be in order. Giles Bruce of The Times in Indiana said such a scenario became reality for a woman, who successfully sued two Illinois surgeons for a gastric bypass surgery tragedy.
The situation may have happened in the Midwest, but the fact that it was about bariatric surgery is enough to raise concern among obese New Yorkers wanting to get back in shape. Many of the Big Apple’s leading hospitals already offer weight-loss surgery with resounding benefits eclipsing the risks. Any injury that stems from professional errors should never be let off the hook, however, and seeking justice for it is a job that a medical malpractice and personal injury lawyer in Brooklyn, like one from The Law Office of Joseph M. Lichtenstein, can help victims with.
Meat of the Problem
A federal court in Chicago, IL, stated that Kathryn Parker of Michigan City, IN, sought gastric bypass surgery in 2010 at a hospital in Downers Grove, IL. At the time of the operation, Parker was already taking blood-thinner medication for an undisclosed medical condition. According to Johns Hopkins Medicine, patients are often advised not to take any more of the medication in the run-up to the surgery to help in the healing process. However, records revealed that before and after the operation, Parker was prescribed a different anti-coagulant, which triggered an internal brain hemorrhage and later cognitive losses.
Reputable Bronx personal injury attorneys are capable of studying similar cases in the state of New York to see whether they fall under medical malpractice. As a case like this involves a medical practitioner, victims may have to file a complaint as well with the state Office of Professional Medical Conduct for proper disciplinary action.
There’s often a possibility that the victim will be offered an out-of-court settlement, and the lawyer can help in making the decision of accepting or rejecting the offer. In Mrs. Parker’s case, she accepted a $5-million deal from the surgery center, while a federal jury ruled that the two doctors must pay her $9.4 million.
Everyone wants to live a healthy life, even if surgery is a necessary step. When that drive has produced dangerous consequences, you cannot stop in finding justice.
Michigan City woman awarded $14.4 million in federal medical malpractice suit, The Times, 30 April 2015
Gastric Bypass (Malabsorptive) Surgery, Johns Hopkins Medicine