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Gastric bypass surgery and bariatric surgery for weight loss has become a popular surgery. Like every surgery, there are significiant risks involved. I have been contacted numerous times in the last year by patients of these surgeries who have had poor outcomes, the need for additional surgeries, and significant injuries from their procedure. Many of these patients are interested in learning their rights to see if they can file a Michigan medical malpractice lawsuit for their damages.
In all medical malpractice cases, a patient must be injured due to the professional negligence of a physician, hospital, nursing staff, or other medical provider. In elective surgery cases, like gastric bypass surgery, the patient is typically provided information regarding the potential risks of the procedure and must sign a Consent Form before the surgeon will proceed with the procedure.
The mere signing of the Consent Form does not waive a person's right to file a medical malpractice lawsuit against a bariatric surgeon, but is clear evidence that the patient was notified of potential risks of the surgery and still consented to the procedure. Of course, a patient never consents to medical malpractice committed during their surgery or after the procedure. In order to prove a medical malpractice case, the patient must show that the surgeon violated the standard of care in his or her specialty. This basically means that the doctor did something out of the ordinary or failed to do something that should have been done and this caused an injury to the patient.
This is obviously a simplified explanation of what needs to be proven in a medical malpractice case, but these cases are very complex and required detailed analysis to determine whether a physician committed malpractice or whether a bad outcome occurred even when the physician complied with the appropriate standards during the surgery.
For more information, you should request our FREE book, "The Ultimate Michigan Medical Malpractice Handbook" or call us at (800) 606-1717.
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