Gastric band surgery negligence
compensation claims

If negligent surgery complications have set you back, we'll help you move forward

Gastric band surgery negligence may result in post-operative complications, infections, or long-term dietary issues if not conducted properly.

If your life, or the life of a loved one, has been affected by bariatric gastric band surgery negligence, we can help. If your injuries were caused by the negligence of a doctor, nurse, midwife or other medical professional, you may be entitled to claim compensation.

You can make a No Win, No Fee compensation claim with the help and support of a specialist clinical negligence solicitor.

What is gastric band surgery?

Gastric band surgery, also known as "laparoscopic adjustable gastric banding" is a type of weight-loss surgery.

In this procedure, a surgeon places an adjustable silicone band around the upper part of the stomach, creating a small pouch that limits the amount of food the stomach can hold. The procedure is designed to help reduce hunger and food intake, leading to weight loss.

The band's tightness can be adjusted by adding or removing saline through a port placed under the skin. This surgery is typically considered for individuals who are significantly obese and have not achieved weight loss through diet and exercise. It's less invasive than other types of bariatric surgery and usually reversible

You are not alone

There are around 6-7 thousand bariatric or gastric band surgical procedures carried out every year on the NHS (UK National Bariatric Surgery Registry (NBSR)).

In most cases, bariatric surgery is successful and improves the health and quality of life of the patient. However, as with all surgical procedures, having a gastric band inserted does involve a certain amount of risk.

In some cases, a negative outcome is the result of a known risk that the patient will have been informed of before the surgery and will have accepted. However, in some cases, harm may be the result of negligence, and may entitle you to claim compensation.

291 gastroenterology negligence claims were referred to NHS Resolution in 2022/23 (resolution.nhs.uk).

If you decide to make a gastric band surgery negligence claim, your medical negligence solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.

If you are looking for information on weight loss surgery, see: weight loss surgery (nhs.uk).

Do I qualify for gastric band surgery negligence compensation?

If you received treatment from a medical professional that fell below the accepted standard of care, and you were harmed as a result, you can claim compensation for medical negligence.

Use our injury claim calculator to find out if you can claim. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.

How long after gastric band surgery negligence do I have to claim compensation?

For a gastric band surgery negligence claim, you usually have 3 years to make a claim from the date you became aware that the harm you suffered was caused by substandard treatment (date of knowledge).

How much compensation can I claim for a negligent gastric band procedure?

The amount of money you could claim for your injury will depend on:

• the seriousness of your injury, and
• any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

How is compensation calculated if I have multiple injuries?

Special damages

Special damages are awarded to compensate you for any costs or losses you've incurred or might incur as a result of your accident. These costs might include lost earnings, bonuses and overtime, or any other out of pocket expenses.

Special damages may also be awarded for medical treatments or procedures that you might need to treat your gastric band injury, including corrective surgery, nutritional support and psychological support.

Read more:

A complete list of recoverable losses in a personal injury claim

What are the risks of gastric band surgery?

As with any kind of surgery, the use of anaesthetics carries a risk to the patient. Potential complications include nausea, damage to the teeth and throat, and problems with the heart as well as the respiratory system. Doctors are obliged to check that the patient is fit to withstand the administration of anaesthesia in order to decrease the likelihood of such complications occurring.

Patients who undergo bariatric surgery should be given appropriate advice regarding nutrition, particularly in the aftermath of the operation. Because the patient is not able to consume the same amount of food as before, they may not be getting the appropriate level of nutrients for optimum health. It is vital that medical professionals monitor the nutritional intake of gastric band patients, and prescribe supplements if necessary.

Negative outcomes

Peritonitis is an infection that can occur in the aftermath of bariatric surgery. The infection is caused by a leakage of gastric fluid into the stomach, and can endanger the patient's life. Symptoms of peritonitis include fever and debilitating pain.

When the incision made during surgery does not heal properly, an incision hernia can result. This can cause pain and suffering, and may require further corrective surgery.

If gastric surgery is performed by a less competent medical professional, the blood vessels can become damaged. On some occasions, this can result in a pulmonary embolism, which can endanger a person's life.

The intestines can become blocked following the insertion of a gastric band. This can cause a condition known as aspiration, in which the contents of the stomach reach the lungs. The patient may then struggle to breathe as the lungs attempt to expel this foreign matter.

General infections can be an unfortunate side effect of gastric band surgery. This can happen if the surgeon failed to operate within an environment that was suitably sterile. Infections of the wound, for example, can also be caused by poor post operative care. If these kinds of infections are not managed from the outset, further complications can result that compromise the health and well-being of the patient.

Identifying negligence

Notification of the risks

If you were not properly informed of the risks, and you are affected by a negative outcome of the surgery which was not brought to your attention, this failure may amount to negligence and you may be able to claim.

During surgery

Surgical negligence may occur in cases where the surgical team took unnecessary risks during the surgery or were otherwise negligent and you sustained injury as a result.

Pre and post-operative care

You are entitled to sufficient pre- and post-operative care to anticipate and monitor the above risks. If failures either before or after the surgery result in harm that would have been avoided if correct procedures had been followed, a claim may be possible.

Clinical negligence claims

Gastric band surgery negligence is usually categorised as clinical negligence. Click on the icon below for more information.

Medical negligence Other accidents

Citations

Author:
Howard Willis, Personal injury solicitor

About the author

Howard Willis qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.