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Weight loss and medical negligence: The cost of errors

Lana Bandoim's picture

The American Medical Association confirms that medical negligence is one of the top three causes of death in the country. Although negligence falls in third place after cancer and heart disease, it costs billions every year and destroys millions of lives. In addition, only 14 percent of treatment errors are actually reported by hospitals while the number of mistakes grows.


Common errors

Some of the most common medical negligence cases fall in the surgery category. The types of errors vary and include surgeries on the wrong part of the body, unsanitary equipment, internal damage and nerve damage. Weight loss surgery is a popular option for people who struggle to lose weight, and it is estimated that 150,000 to 160,000 surgeries are performed every year in this country. Unfortunately, medical negligence occurs in some of these cases.

Bariatric surgery malpractice destroys the hopes of those who sought the treatment to lose weight. Instead of working on their recoveries and enjoying their weight loss, the patients are forced to file lawsuits and may need other surgeries to heal. Bariatric surgery is a complicated procedure that is exacerbated by the fact that the patients are morbidly obese and tend to suffer from multiple health problems. Complications can occur, and medical negligence happens. Some of the issues range from internal bleeding to organ damage. In some cases, patients die during or after the weight loss surgery. The doctors’ mistakes can include using unsanitary equipment, giving the wrong anesthetic, giving the wrong medications and other problems.

Children and medical negligence

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Children are often the victims of medical negligence, and the rise of obesity among this population group has also increased the number of weight loss surgeries. Children and teens are getting bariatric surgeries in higher numbers. However, complications and errors can still occur and so can malpractice lawsuits.

Jonathan Rosenfeld, an attorney with experience in medical negligence cases, points out that children are victims who need a great deal of support during medical malpractice cases. He mentions that they deserve the same defense and protection as adults. Accidents, mistakes and negligence can affect them as much as it affects adults, and their age often prevents them from being able to adequately voice their concerns. "You need to look at the child and assess how accurate their assessment is. Sometimes getting feedback from a parent can be more valid," Rosenfeld added.

Fighting medical negligence

Strict guidelines and the growth of technology is helping to curb some of the medical negligence that occurs in hospitals and doctors’ offices around the country. Unfortunately, it is not enough to stop all errors from happening, and medical malpractice suits offer families and victims the chance to get compensation for damages.

It is important to remember that some cases of medical negligence can leave victims with permanent disabilities and damage. They may need additional surgeries, treatments and medications. They may also require assisted care and may need to live in a facility that provides help around the clock. In some cases, victims may die and leave behind grieving families who are struggling to pay for funeral costs and survive.

Serious injuries can occur, and victims need advocates. Medical malpractice lawsuits give them a voice, and help them get the funds to pay for damages. It is crucial that victims and their families seek help immediately because states have statutes of limitation that put limits on their ability to file a lawsuit. In addition, waiting can affect the outcome of a case and the ability to collect evidence. If you are a victim or know someone who has suffered after medical negligence, then you may want to help them get assistance and talk to professional personal injury lawyers. They can offer guidance during this difficult time and help you determine if you have a case.



Continue to have SEVERE abdominal pain after having lap band removed last year..I had it a year...The doctor left 2.5C fluid in the band when he placed it..then nurses at his iffice overfilled it..Now have vagus nerve damage and am in and out of the ER with episodes of pain so severe I can not stand. No one wants to help me because of the new narcotics law..so I am reduced to go to the ER. It makes my blood pressure so high I am at risk for strike.The pain episodes can last for days 5 or more at a time. I am continuing to koose weight and the vomiting and diarrhea is awful