Weight-loss surgery is increasingly common these days and can have amazing health benefits for many people.
But, as with many medical procedures, things can sometimes go wrong.
At Browell Smith & Co we have acted on behalf of many clients who have found themselves the victim of negligence when undergoing a weight-loss procedure.
There are a number of ways this type of surgery can go wrong.
For example, if during gastric band surgery the band is put on the wrong part of the stomach, or at the wrong angle, this represents substandard treatment and you may be able to recover compensation.
If this mistake occurs, restricted food input or complete blockage can result. Emergency corrective surgery is required and failure to treat this promptly can also give rise to possible compensation. Often surgery is delayed because medical professionals fail to recognise the symptoms in time which can result in additional complications and sepsis.
Failure to staple the joins properly in gastric bypass surgery can cause a leak. Such a failure represents substandard treatment and you may be able to seek compensation if this has happened. Failure to promptly diagnose that a leak has occurred can also give rise to a medical negligence claim.
If the wrong type of bypass procedure has been performed, compensation can be pursued. A large bypass can cause much more unpleasant consequences than a smaller one. Larger bypasses can lead to Dumping Syndrome, which is when ingested foods bypass the stomach too rapidly and enter the small intestine, largely undigested. The consequences can be painful, draining and unpleasant (severe diarrhoea) and can affect all aspects of the sufferer’s life.
If you, or a loved one, has had any of the complications outlined above, the legal team at Browell Smith & Co has the expertise and experience to ensure you get the compensation you deserve.
As with all claims for personal injury compensation there are time limits within which a claim must be lodged with the Court.
For accident claims, court proceedings must be started within three years from the date of your accident.
For occupational disease cases Court proceedings must be started within three years from the date when you first had reasonable grounds to believe that you may be suffering from a condition which has been caused by a third party. This may be your employer or it could be another organisation with whom you worked or who operated a premises close by.
In the event that court proceedings are not started within three years from the relevant date, the negligent party may be able to escape paying compensation on the basis that your claim is out of time.
The law surrounding the time limits for industrial disease compensation is extremely complex and issues will differ from case to case, particularly when seeking compensation on behalf of a former family member. It is not always necessary to have a firm diagnosis from a medical practitioner for the time limit to commence. In these circumstances you seek legal advice from a specialist as soon as you experience symptoms which you believe may have been caused by a third party.
The Browell Smith & Co app is the perfect app to have on your phone in case you have been the victim of a personal injury.