GASTRIC BAND MEDICAL NEGLIGENCE
COMPENSATION CLAIM SOLICITORS

In common with most of the developed world Australia is suffering from an epidemic of obesity with thousands of surgical operations involving life saving weight loss surgery being carried out every year throughout the country. The most common surgical procedure involves reduction of the capacity of the stomach by fitting a lap band or gastric band however this technique carries with it serious risk of post-operative infection, leakage and technical difficulties in maintaining placement of these biomedical devices which in some cases is due to medical negligence. Furthermore bariatric surgery of this type often involves administering anaesthetic to patients who are obese and therefore at high risk which is compounded by the age of many of the patients.

Gastric banding medical negligence cases fall into several categories :-

• Doctors are required to fully explain bariatric surgery and to inform patients of the the risks associated with the proposed procedures. In addition doctors should advise on alternative less radical procedures to weight loss surgery thereby giving the patient the opportunity to make an informed decision on whether or not to submit to surgery. Failure to provide sufficient information to allow the patient to give informed consent to the operation is of itself negligent and any problems which arise in due course can result in a successful claim for compensation for gastric band medical negligence.

• In common with almost all other surgical operations a doctor can lack the required skill or expertise in a particular procedure, may not have had enough or any training and may make a simple mistake including perforation whilst fitting a lap band. In all cases if the operation is a failure, it may be possible to make a claim for compensation for gastric band medical negligence.

• The placement and setting up of the gastric band is critical and failure to deal with the technicalities of the operation efficiently may mean that the gastric band leaks and is ineffective which may require further surgery to perfect. Clearly if this problem occurs with a lap band or gastric band it is likely to result in a medical negligence compensation claim.

• Probably the greatest of all of the bariatric surgery problems, precipitating most cases of gastric band medical negligence is caused by inadequate aftercare resulting in post operative infection. This may be due to a patient’s failure to carry out instructions however it is most likely to result from failure by medical staff to identify and adequately deal with the initial stages of infection. All to often the doctor carrying out the surgery passes this part of the recovery process on to other less qualified staff when it would be considerably more sensible for them to have a hands on approach until full recovery is achieved.

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