Lap Band Surgery Malpractice
Many people struggle to lose weight but are ultimately unable to do so without medical intervention. Lap band surgery is a sound option for many overweight individuals, as it helps them achieve their weight loss goals with less side effects and risks compared to other weight loss surgery. If a doctor performs the surgery improperly, though, it can lead to serious complications and may be grounds for filing civil claims. People who suffer harm due to lap band surgery malpractice have the right to pursue damages from the parties responsible for their harm and should consult an attorney as soon as possible. The proficient Baltimore medical malpractice lawyers of Arfaa Law Group are adept at proving careless physicians should be held accountable for the injuries they cause, and if you suffered harm due to an improperly performed lap band surgery, we can help you seek the compensation for your losses.Examples of Lap Band Surgery Malpractice
During lap band surgery, a doctor places a band around the top portion of the stomach. The band is then inflated, which creates a smaller stomach pouch, reducing the amount of food the person can consume. If the band is not placed correctly, however, it can move out of place. If this occurs, it can create a barrier in the stomach that makes it difficult to digest any food or liquid and can be fatal if it is not immediately corrected. In some instances, a doctor will unknowingly puncture or cut an organ or tissue during the procedure, which can lead to bleeding, infection, and other issues. Additionally, the stomach pouch can deflate, and the body can reject the band, which can lead to complications as well. The failure to thoroughly inform a patient of the potential risks associated with the procedure may also be grounds for pursuing claims against the doctor who performed the procedure.Seeking Damages for Lap Band Surgery Malpractice
People who suffer harm due to mistakes during lap band surgery may be able to pursue medical malpractice claims against the doctor that performed the surgery. Generally, a plaintiff in a medical malpractice lawsuit will assert a medical negligence claim against the defendant.
In Maryland, establishing negligence in the medical setting requires the plaintiff to prove that the defendant owed the plaintiff a duty of care. The duty healthcare professionals owe to their patients is to provide them with treatment that meets the applicable standard of care, which is the care that a competent professional working in the same specialty would offer in a similar situation. After establishing the standard of care, the plaintiff must show that the defendant breached the standard.
Typically, expert testimony is needed to explain the standard of care and the manner in which the defendant deviated from the standard to the judge or jury.
The plaintiff must also show that the defendant’s departure from the standard of care caused the plaintiff to suffer damages. In other words, the defendant’s acts or omissions were a substantial factor in bringing about the plaintiff’s harm. In most instances, this will require expert testimony as well. A plaintiff that demonstrates a defendant’s liability may be awarded damages for their economic losses, such as the cost of any medical treatment they needed or will need in the future, any loss of income they suffered as a result of their injuries, and out-of-pocket expenses. They may also be granted compensation for the pain, mental trauma, and suffering they endured.Meet With an Experienced Baltimore Attorney
Although lap band surgery carries some degree of risk, the potential for complications is significantly increased if mistakes are made during the procedure. If you sustained losses due to lap band surgery malpractice, you might be owed damages, and you should meet with an attorney to discuss your options. The experienced Baltimore lawyers of Arfaa Law Group can assess the circumstances surrounding your harm and aid you in pursuing the best legal outcome available under the facts of your case. We frequently represent people in medical malpractice lawsuits in Baltimore, where our office is located. You can reach us by calling (410) 889-1850 or using our online form to schedule a confidential and free consultation.