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Buckfire & Buckfire, P.C.

Bariatric Surgery Death Medical Malpractice Settlement

Our medical malpractice lawyers recently won a $240,000 settlement against bariatric surgeon and surgery center.  The medical malpractice lawsuit was filed by the surviving family members of a woman who had a laparoscopic roux n y surgery at a Michigan medical facility.  The lawsuit alleged that the patient was discharged home after a twenty-four hour post-operative admission with signs and symptoms of a post-operative leak.   When she arrived home after her discharge, she became severely ill and was in significant distress.  Her family took her to a local hospital emergency department, but she tragically died the following day.  The medical examiner determined the cause of death was sepsis from a post-operative bariatric surgery leak.

Bariatric surgery, sometimes known as gastric-bypass surgery, is an invasive surgical procedure used by surgeons on obese patients to cause weight loss and reduce appetite.  The surgery is an elective procedure but often deemed a medical necessity for morbidly obese patients. However, just like all surgical procedures, a bariatric surgery is not without risk or complications. The most common type of complication includes leakage of gastric (stomach) fluid or bleeding into the abdominal cavity.  When a patient suffers from resulting complications, the surgeon or doctor is responsible for recognizing  symptoms and promptly diagnosing and treating the condition. The failure to do so can result in significant harm to the patient, even death. 

Our medical malpractice attorneys filed a wrongful death lawsuit on behalf of the family seeking all damages under Michigan law.   The lawsuit alleged that the bariatric surgeon and hospital staff failed to timely diagnose the post-operative leak and discharged her home too early based upon her condition at the time.  The lawsuit alleged that if her condition was diagnosed, she could have undergone another surgery to repair the problem and she would not have died.    The defendants argued that the leak occurred after she left the hospital and that her death was not the result of medical negligence.

The medical malpractice wrongful death lawsuit was filed in the Washtenaw County Circuit Court in Ann Arbor, Michigan.   Prior to the trial, the parties agreed to settle the case for $240,000 at a court settlement conference.  The settlement proceeds will be shared by the patient’s surviving children.

Although weight loss surgery can in fact improve a patient’s quality of life, there are cases in which the patient dies due to a complication of a bariatric surgery.  The family of a patient who dies after a procedure should investigate whether the death was due to medical negligence. For more information and to speak with one of our top rated expert Michigan medical malpractice attorneys, call today at (800) 606-1717.  We will investigate your case and represent you under our No Win No Fee Promise, which means there are no legal fees or costs until we win or settle your claim.

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