Gastric Band & Gastric Surgery Negligence Lawyers

Weight loss surgery is becoming increasingly popular in the UK, as patients look to slim down as quickly as possible. Having a gastric band fitted is just one way to achieve this, but this procedure is not without risk.

NHS Data shows a significant upturn in the amount of patients undergoing gastric band surgery, or other forms of gastric surgery (also known as bariatric surgery). These surgical procedures are highly intrusive and some patients are morbidly obese. This means there can often potentially be additional or complex health conditions to contend with.

Of course, for most, gastric band surgery is highly successful, helping improve health by supporting weight-loss, and therefore helping to fend off future health problems associated with being excessively overweight.

Any form of surgery carries risk and with this procedure becoming more and more popular (either as elective surgery conducted by a private hospital, or where a patient is advised to undergo this procedure by their doctor), there are ever more instances of patients suffering injury or unwanted side-effects following the surgical procedure.

If you feel that your gastric band surgery was performed poorly or that your surgeon failed to properly explain the risks involved before proceeding, you should ask Sheldon Davidson.

Our specialist expertise in gastric surgery negligence claims

At SDS, we have a wealth of experience that has been built up over the past two decades. Our team consists of highly qualified solicitors who specialise in a wide range of medical negligence claims. These include, but are not limited to

• Gastric band slipping claims
• Bariatric surgery negligence
• Compensation for loss of life
• Weight loss surgery negligence
• Compensation for damage to other organs
• Surgical error claims
• Post operative care claims
• Claims surrounding negligent treatment abroad
• Injury to stomach or stomach lining

If you or a loved one has been affected by the aforementioned, please do not hesitate to contact us so that you can discuss a possible compensation claim with our solicitors.

Types of gastric/bariatric surgery

Gastric band

A gastric band is a ring which is positioned around the stomach, narrowing the capacity of the stomach to create a small pouch at the top. The process involves a “lap-band” (Laparoscopic adjustable gastric banding) being applied in position around the upper stomach, thus limiting the capacity of the stomach to take in food, thereby making a person feel full after consuming a smaller amount of food.

The band is linked to a small device located under the skin (generally positioned in the middle of the chest). This is so that the band can be readjusted after surgery.

The band will probably be readjusted for the first time around 4 to 6 weeks post surgery. This is performed by injecting the band with a salt water solution through a needle passed through your skin. You will not normally require anaesthesia for this.

Gastric bypass

A gastric bypass is a medical procedure where surgical staples are used to create a small pouch at the top of the stomach.  The pouch is then linked to the small intestine, which in turn bypasses the rest of the stomach. This will enable the patient to take on less food, feel full more quickly and consume less calories from the food ingested. 

Sleeve gastrectomy

A sleeve gastrectomy is a type of weight loss surgery that involves removing a large portion of the stomach. This reduces the size of the stomach, meaning that you can no longer eat as much as you did before. As a result, you will feel full sooner and consume fewer calories. The procedure is also known to reduce ghrelin levels, which is the hormone that signals hunger. This can help people to control their appetite and lose weight.

Intra-gastric balloon

An intra-gastric balloon is a minimally invasive weight-loss procedure that involves placing a soft balloon filled with air or salt water into a person’s stomach. The balloon is inserted through the mouth and down the throat using a thin tube known as a gastroscopy. The balloon takes up space in the stomach, reducing the amount of food a person can eat before feeling full.

This can help people lose weight by limiting their caloric intake. The balloon usually stays in the stomach for 6-12 months, during which time people can make changes to their diet and lifestyle to help them maintain their weight loss. After the balloon is removed, they can continue to practise healthy habits to ensure they keep the weight off long-term.

Biliopancreatic diversion

Biliopancreatic diversion (BPD) is one of the most efficient operations for weight loss. It is similar to a gastric bypass, except the stomach pouch is tied further along the small intestine, allowing for an even smaller pouch. This means that you will absorb even fewer calories from the food you consume. During the process, a portion of your stomach is removed, and the remaining portion is connected directly to the lower part of the small intestine. This bypasses the middle part of the small intestine, where most of the digestion and absorption of calories and nutrients occur. Bypassing this part of the digestive system results in a significant reduction in the amount of calories and nutrients absorbed, leading to weight loss. While BPD is an effective and efficient way to lose weight, it's important to discuss all options with your doctor before deciding on a course of action.

Primary obesity surgery endolumena

Primary obesity surgery endolumena is a relatively new technique for treating obesity.

It involves a minimally invasive procedure in which an endoscope is passed into the stomach. The endoscope is a flexible tube with a tiny camera at the end, which allows the surgeon to view the inside of the stomach. The surgeon then passes tiny tools through the endoscope, which are used to gather the stomach into folds to make it smaller.

After this operation, the amount of food your stomach can hold will lessen and help you feel full more quickly. It's a relatively safe procedure, but it does require some recovery time. The procedure is not suitable for everyone and should be discussed with your doctor before proceeding.

Is bariatric surgery available through the NHS?

Bariatric surgical procedures generally involve major operations and are only available through the NHS to treat patients who are morbidly obese and have not responded to non-surgical treatments, such as lifestyle changes.

Although people may meet the criteria for bariatric surgery, the demand for the procedure is generally greater than the number of operations that can be carried out. Therefore, it's important for patients to understand that there is no guarantee that they will be able to access the surgery on the NHS.

In some cases, patients may be able to pay for the surgery privately, although this may not be feasible for many people. It is also important to note that bariatric surgery isn't a quick fix and requires a long-term commitment to maintaining a healthy lifestyle.

It is imperative to note that clinical negligence claims can be brought against private hospitals as well as the NHS. Speak to one of our specialised solicitors today to discuss your grounds for compensation.

What are the risks of gastric surgery?

Gastric surgery offers a range of surgical procedures aimed at quickly reducing the amount of excess body fat. Even though the general success rate of weight-loss surgeries is high, a significant portion of patients are subject to errors by medical professionals during the procedure.

A prevalent risk of exposure to anaesthesia is its impact on those who are obese. It is estimated that the danger of death shortly after bariatric surgery is roughly 1 in 200. Even if an individual has high blood pressure or a BMI of 50 or above, the risks of death can be as high as 1 in 40. Regardless, a lot of patients are not fully privy to the potential risks associated before proceeding with the surgery.

Gastric surgery does come with a number of risks and possible complication:

• The body ‘rejecting’ the gastric band
• Surgical wound infections
• Gastric band slippage – where it moves out of position
• Gastric band erosion
• Gastric sleeve staple leakage
• Perforation of the gut
• Bowel problems caused by stomach scarring
• Gastric balloon burst
• Inflammation of the stomach
• Injury to surrounding organs during surgery
• Infection post surgery
• Blood clots in legs or lungs
• Haemorrhaging (Internal bleeding)
• Nutritional deficiencies
• Gallstones development due as a result of a rapid weight gain.
• Psychological problems

As a Lexcel Accredited law firm, Sheldon Davidson Solicitor will help you claim compensation for gastric band negligence that you have suffered to ensure that you receive the best possible settlement.

How to make a gastric band negligence claim?

If you approach Sheldon Davidson Solicitors with a complaint about gastric band negligence, or any form of gastric surgery claim, the first thing our team will do is assess your claim thoroughly in order to ascertain if it is likely to succeed.

In cases where this is likely, we would then proceed to try and negotiate a settlement with the hospital’s insurance company. Any compensation you receive would reflect the pain and suffering you have experienced, as well as accounting for any financial losses or implications attached to your future physical health, well being and ability to lead an independent life.

Should an out of court settlement prove not to be possible, our medical negligence solicitors are extremely capable when it comes to representing clients in court. Contact the team today and find out if we could help with your claim.

Identifying negligence.

Paramount to success of your claim, will be the need to show liability in the form of mistakes or negligent treatment at the hands of the medical professionals entrusted with your care. Failings tend to revolve around the following areas:

Notification of the Risks

If the risks involved were not disclosed to you and you are affected by a negative outcome from the surgery which was not brought to your attention, this may constitute negligence. Our team of solicitors are here to discuss your grounds of making a claim.

During surgery

Medical negligence can be put down to any situation where a healthcare professional failed to perform a surgical procedure, despite all proper precautions, and you were injured as a result.

Pre and Post-Surgical care

It is important that you are provided with sufficient pre- and post-surgical care to anticipate and monitor the above risks If any pre- or post-surgery failures result in harm that could have been avoided if proper procedures had been followed, a claim may be possible. Please note that a claim can be brought up against the NHS or private organisation.

How much compensation will I receive from a claim?

Compensation claims for gastric surgery can be complicated, and there are a number of different aspects that make each individual’s situation unique. Negotiations over compensation settlement values must consider factors such as how you have been affected, and what impact your injury has on your daily life. This includes the pain and suffering you’ve already been through.

Every claim is as individual as every person, so it’s not possible to forecast how much compensation you will receive. Here at SDS Solicitors, we guarantee to fight for the maximum amount of compensation commensurate with the impact of your negligent treatment and the future needs of you and your family.

Unsure if you have grounds for a medical negligence claim after a gastric band surgery? Our expert solicitors will be able to advise you on your rights and the potential compensation you could receive. Pick up the phone and speak with one of our solicitors today.

Why Choose Sheldon Davidson Solicitors

Our specialists are trained and experienced in a wide range of medical negligence and personal injury claims. As a trusted and accredited law firm by the Association of Personal Injury Lawyers, we strive to provide our clients with a seamless and hassle-free legal experience. As we are committed to offering a 'no win,no fee’ claims process, our specialists in medical negligence claims are strong negotiators, tenacious litigators and have a clear direction, strategy on how a claim should proceed.

Contact our Gastric Surgery Negligence experts.

At Sheldon Davidson Solicitors, we understand the distress that can be caused by gastric band negligence. Our team of experienced solicitors provide a professional and sympathetic service to clients who have experienced gastric band negligence and wish to make a compensation claim. We make sure that each case is handled with sensitivity, providing advice and legal expertise to ensure our clients receive the best outcome possible.

We adopt a holistic approach dealing with gastric band negligence cases, and can provide advice and assistance at every stage of the claims process - from initial consultation to final settlement. We understand the importance of having an understanding and knowledgeable legal team on your side, and will do our utmost to ensure you get the compensation you deserve. So if you have encountered gastric band negligence, contact Sheldon Davidson Solicitors today. Our team will handle your case with care and professionalism.