Make a claim for gastric band negligence

If you’ve had gastric band surgery that has gone wrong, we can help you make a gastric band negligence compensation claim.

  • Experienced medical negligence solicitors
  • A guaranteed no win no fee service
  • A free consultation with no obligation to proceed.

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gastric band negligence claims

Gastric Band Negligence Claims

Gastric band surgery is a type of bariatric surgery that helps people with obesity lose weight. This surgical procedure can be carried out through the NHS or a private clinic and helps patients improve various conditions related to being overweight, such as heart disease, diabetes and high blood pressure.

While the procedure is minimally invasive and typically safe when performed by a qualified professional, mistakes made during the surgery can have a massive impact on the patient’s life and health. Potential complications include infections, injury to the stomach and other organs, and even death.

If your surgery has gone wrong and you suffered any harm as a result, you may be eligible to start a gastric band negligence claim for compensation.

To find out if you have a valid claim, get in touch with a friendly legal adviser by calling 0800 470 0474 or using our online claim form. They will offer you a free case assessment and guide you through all the steps of the personal injury claims process.

Find out if you can claim

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    By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

    What is gastric band surgery?

    Gastric band surgery is a form of weight loss surgery designed to help people with obesity lose weight. It is a minimally invasive procedure that involves placing a band made of soft silicone around the upper part of the stomach. This aims to create a smaller stomach pouch, which will make you feel full sooner and eat less by restricting the amount of food it can hold. As detailed in the section below, you must undergo a thorough medical examination before the surgery to ensure you are a suitable candidate.

    During the surgery, you will be put under general anaesthesia. The surgeon will make several small incisions in your abdomen and insert a thin tube with a camera (a laparoscope) and the surgical instruments through these incisions. They will place the adjustable gastric band around the stomach, which is connected to a small port placed under the skin of the abdomen. They will use this port to inject a saline solution into the band to adjust the degree of constriction around the stomach and control the rate of weight loss.

    Like gastric bypass surgery, a gastric band can help you lose a significant amount of weight and improve various related health conditions, such as:

    • Fatty liver disease
    • Heart disease
    • Type II diabetes
    • High cholesterol
    • High blood pressure
    • Sleep apnoea

    If your healthcare provider has failed to provide adequate care and treatment and you suffered avoidable harm as a result, you may be able to make a gastric band surgery compensation claim.

    What are the requirements to qualify for gastric band surgery?

    To qualify for gastric band surgery, you must typically meet specific criteria that your doctor must carefully assess before the procedure. These include:

    • A body mass index (BMI) above 40, which indicates severe obesity;
    • A body mass index of over 35 and at least one obesity-related disease;
    • Proof that you tried but failed to achieve a healthy weight through diet, exercise and other non-surgical methods;
    • Your overall health is good enough to withstand surgery;
    • You do not have untreated mental health conditions such as severe depression or substance abuse problems;
    • You are committed to making healthy lifestyle changes and attending regular check-ups after the surgery.

    Your doctor may also consider your age and carry out some blood or imaging tests to decide whether you are a suitable candidate for the surgery. If they fail to conduct a thorough physical exam or consider your medical history before the weight loss surgery procedure, you may be able to claim compensation for any resulting injuries.

    What are the risks of bariatric surgery?

    Weight loss surgery is usually a safe procedure. However, as with any other surgical intervention, risks and complications can arise, especially if you are not a suitable candidate for the procedure or if your doctor fails to provide a reasonable standard of care. These include:

    • Infections at incision sites or within the abdomen;
    • Excessive bleeding;
    • Complications related to anaesthesia, such as respiratory issues or allergic reactions;
    • Blood clots in the lungs or legs;
    • Injuries to the stomach or other organs during surgery;
    • The formation of gallstones if you lose weight too quickly;
    • The gastric band may slip out of place, causing pain, nausea or vomiting;
    • Gastric band erosion into the stomach;
    • Leakage of the gastric band or of food out of the tummy;
    • Dilation of the oesophagus if the band is too tight;
    • Blockage of the stomach or small intestine due to scarring or reduced blood flow;
    • Perforation of the stomach;
    • Enlargement of the stomach, enabling patients to overeat and gain weight.

    These and other problems may be due to substandard care and treatment and may entitle you to start a gastric band negligence claim.

    What is gastric band negligence?

    Gastric band negligence refers to failures or mistakes in the medical care or treatment associated with the surgical procedure, such as:

    • Failure to properly evaluate your medical history and physical condition before the procedure;
    • Failure to advise you of all risks and obtain informed consent;
    • Anaesthetic negligence leading to adverse reactions or anaesthetic awareness;
    • Mistakes made during the surgery, such as damaging organs or leaving objects inside the body;
    • Lax post-operative and follow-up care;
    • Issues with the gastric band, such as adjusting its tightness incorrectly;
    • Failure to recognise or treat complications;
    • Providing insufficient guidance on diet and lifestyle changes.

    These and other types of negligence can have severe implications on your health and well-being and may form the basis of a gastric band claim.

    Am I eligible to make a gastric band negligence claim?

    The best way to find out if you have a valid claim for gastric band negligence is by calling us for a free consultation with a legal adviser. They will assess your case and pair you with an experienced personal injury lawyer if they can prove the following:

    • A duty of care is easy to prove, as all healthcare professionals must provide the standard of care accepted in their field.
    • A breach of duty occurs when the accepted standard of care is not met. This could involve a failure to correctly evaluate your suitability for the surgery, mistakes made during the procedure, or negligent post-operative care.
    • Causation shows that the breach of duty directly caused your injury or harm, which would not have occurred otherwise. This involves presenting evidence such as medical records and expert witness testimony.
    • Damages refer to all the harm and losses you incurred as a result, such as pain and suffering, emotional distress and financial losses.

    If all of the above can be established in your case, you are eligible to start a gastric band surgery claim.

    What evidence do I need to support my claim for gastric band negligence?

    To support a medical negligence compensation claim, it is crucial to gather comprehensive evidence of how the healthcare provider failed to meet the required standard of care and how this has affected your life. The types of evidence you should collect include:

    • Medical records that show the consultations and tests conducted before undergoing the procedure;
    • Surgical records that describe the procedure, the type of gastric band used and any complications;
    • The copy of the consent form you signed can show whether you have understood the risks and complications of the gastric band procedure;
    • Documentation of post-operative care and evidence of the harm you incurred due to the surgical procedure;
    • Visual evidence of any visible injuries or complications resulting from the surgery;
    • Testimony from medical experts who can review the medical records and provide an assessment of whether the standard of care was breached;
    • Your statement about the experience, including the surgery, follow-up care and the impact of the complications on your life;
    • Testimony from your friends and family who witness the effects of the bariatric surgery negligence on your life;
    • You also need receipts, invoices, and other financial documents that prove the losses and expenses you incurred due to the gastric band gone wrong.

    Can I make a medical negligence claim against the NHS?

    If you suffered from bariatric surgery negligence at an NHS hospital, you are entitled to make a claim for compensation. NHS Resolution will handle your claim and pay your compensation award if your case succeeds. This arm’s length body is funded by the annual premiums paid by each NHS Trust and does not take money from the funds allocated for patient care and treatment. Your claim can even help improve the services provided by the NHS, so further incidents are prevented in the future.

    You can also make a gastric band claim if you receive substandard treatment at a private clinic. According to the General Medical Council (GMC), private healthcare providers must also hold insurance against personal injuries to patients. If you win the claim, their insurer will pay your compensation award.

    Can I make a gastric band surgery claim on behalf of a loved one?

    If someone you love suffered due to negligent weight loss surgery, you may be able to represent them in a compensation claim. If they cannot make a claim themselves due to a physical or psychological injury, you can apply to the court to be named as their litigation friend. You must provide evidence that you have no conflict of interest with the injured party and that you can make competent decisions about the claim.

    Upon appointment, you will have several responsibilities, which include making decisions that are in your loved one’s best interests, liaising with solicitors and paying any fees requested by the court. If you secure compensation, your solicitor can help you deposit the money into a personal injury trust, so it will not affect your loved one’s entitlement to any means-tested state benefits.

    What is the time limit to claim gastric band compensation?

    Under the Limitation Act 1980, you have three years to make a medical negligence claim. The limitation period starts from the date of the negligent surgery or from when you become aware of the injury you suffered and that it was due to substandard care. After three years, your case will be statute-barred, and you will no longer be entitled to claim compensation.

    Exceptions apply if the injured party lacks the mental capacity to start a claim. In this case, the time limit is suspended, and a litigation friend could claim gastric band compensation on their behalf at any time.

    We always advise claimants to start legal proceedings as soon as possible, as this will help their solicitor gather as much evidence as possible to support their claim and secure compensation for their pain and suffering.

    How much compensation could I receive for a gastric band gone wrong?

    The amount of compensation you could claim for gastric band negligence will depend on the pain, suffering and other losses you incurred as a result. Your compensation award will be made of two types of damages:

    Special damages cover the financial losses and expenses resulting from the clinical negligence. These are based on evidence such as receipts and invoices and could include:

    • Costs for additional surgeries or treatments
    • Compensation for loss of earnings due to time off work
    • Travelling to and from medical appointments
    • Costs of care and assistance with daily living

    General damages cover the subjective impacts of the gastric surgery on your life, which could include:

    • Physical pain and discomfort
    • Emotional and psychological distress
    • Loss of enjoyment of life
    • Scarring and disfigurement
    • Physical and mental disability
    • Loss of consortium or companionship

    Your solicitor will carefully assess all of your losses in your gastric band compensation claim to ensure you receive the maximum compensation available to you.

    Will a solicitor help me claim on a No Win No Fee basis?

    If you have a valid gastric band claim, the medical negligence solicitors we work with will offer you a conditional fee agreement (also known as a no win, no fee service). That means you do not have to pay them anything upfront, and you can start your claim regardless of your financial situation.

    Your solicitor will only get a success fee if you receive compensation for the negligent treatment. This fee is capped at 25% of your settlement and agreed upon from the beginning. If you lose the claim, you do not have to pay them anything.

    For further peace of mind, no win no fee claims also include After the Event (ATE) insurance against any costs incurred during litigation. If your case fails, the ATE will cover all your expenses, such as medical reports, court fees, expert witness fees and the defendant’s solicitors. You only pay the ATE premium if and after you receive compensation.

    If you want to start a gastric band negligence claim and learn more about the process, call 0800 470 0474 today or use our online claim form to request a call back.