Gastric Band Surgery Claims

If you have undergone gastric band surgery and have suffered a poor outcome due to medical negligence the team at JMW is here to help you make a successful claim for compensation. We have the expertise and experience you require to secure compensation.

Our clinical negligence team provides legal advice for patients suffering from a range of different problems. We will support you at every stage of the claims process and offer guidance that is tailored to your needs.

To discuss your options and find out how to take your gastric band surgery claim a step forward, call us on 0345 872 6666 or complete our online enquiry form to request a call back at your convenience. We offer no win, no fee legal services. 

How JMW can help

The medical negligence team at JMW is highly experienced in dealing with surgical claims, including those involving weight loss surgery and any negligence that may arise. Led by expert solicitors Eddie Jones and Angharad Hughes, our team will investigate the circumstances of your claim thoroughly to build a strong case, deliver the maximum amount of compensation to which you are entitled, and achieve the best possible outcome for your gastric band surgery claim. The team also includes members of the Action against Medical Accidents (Avma) solicitors’ panel and the Law Society's specialist panel of clinical negligence solicitors.

We understand that it may be a difficult decision to take legal action, especially after going through the trauma of the surgery and dealing with the consequences that have arisen due to negligent care, but we will support you throughout the process at each and every step in the claim. Failed surgical procedures can sometimes lead to serious health conditions and we will consider in detail just how you have been affected in assessing an award of damages for compensation.

In most cases, we take on claims for negligent treatment on a “no win, no fee” basis, which means that throughout the claim there is no financial risk to you. We offer a free initial consultation where you can discuss your concerns with us and we will provide you specialist advice about whether or not you can make a claim for a negligent weight loss procedure.

If you are looking to make a claim in relation to a gastric bypass operation, take a look at our gastric bypass compensation claims page.

Meet the team

JMW’s clinical negligence team have a national reputation, and our team has the right combination of legal experience and medical knowledge to successfully claim gastric band compensation on your behalf.

When can you make a gastric band surgery compensation claim?

Negligent care from a gastric band procedure can arise at several stages of the treatment. Firstly, to make a claim, we must prove that the care fell below the appropriate standard and that this caused a compensable injury that otherwise would have been avoided. Examples include:

• An inadequate assessment before the gastric band surgery to assess whether the patient is suitable for surgery, fit for anaesthesia or able to engage with the required long-term follow-up.
• A surgeon failing to explain the risks and complications of gastric banding, discussion of any reasonable alternative treatment that may help, enabling the patient to make an informed choice on their treatment.
• Errors during insertion of the band that lead to avoidable damage to the stomach, bowel or other abdominal structures. While some injuries may well be “recognised risks” of the procedure, the circumstances and nature of the injury could mean that it constitutes negligence. Just because it is mentioned on a consent form, does not mean that negligence hasn’t occurred.
• A failure to recognise or treat a slipped gastric band. Band slippage can produce persistent heartburn, nausea or vomiting and may require further surgery to reposition or remove the band. A failure to diagnose band erosion, leakage, infection or other gastric-band complications could also be considered negligent.
• Poor management or adjustment of the band. An adjustable gastric band requires continuing management, and any inappropriate adjustment or failure to address persistent symptoms may represent negligent care.
• Inadequate post-operative follow-up that allows a complication to worsen.
• A failure to respond to serious post-operative symptoms like persistent vomiting, difficulty swallowing, abdominal pain, a fever or a fast heartbeat following gastric band weight loss surgery.

These are not the only examples of negligent bariatric surgery, and if you believe you have experienced unnecessary harm as a result of incorrect placement or adjustment of a gastric band, errors in surgery or a poor standard of post-operative care, speak to JMW's clinical negligence team today.

What is the gastric band compensation claims process?

Launching a gastric band surgery claim means building the strongest possible legal case, based on clear evidence that medical negligence was responsible for your pain and suffering. JMW will accomplish this by reviewing all of the details of your case and consulting independent medical experts.

The process usually unfolds in the following way:

• Initial discussion: we have a free initial discussion about your experience following the gastric band surgery, discuss the chronology of events and advise you of whether we believe you can make a negligence claim.
• Medical records: we will obtain and review your medical records from the various healthcare institutions and discuss these with you in order to take a statement.
• Expert evidence: We will then source and secure the assistance of an independent expert to assess the care you have received, and if deficiencies in that care are identified, to comment on the consequences of that.
• Gathering evidence: we will collect evidence of how the injuries have affected your day-to-day life, which affects how much compensation you can receive. With receipts and invoices for medical expenses, travel costs, lost earnings or other financial losses related to your injury, we can factor these costs into your claim.
• Presenting the claim: once we have identified the responsible party (known as the defendant), we will send them a Letter of Claim that sets out the allegations (breach of duty) and explains how those breaches have caused you harm (causation). We will also set out what the consequences of that injury are - ie being unable to work, or having to rely on others etc.
• Settling the claim: the hospital trust, private hospital or healthcare provider will investigate these allegations and provide their Letter of Response. They may make full or partial admissions to the allegations or may deny the claim entirely. If admissions are made, we would look to enter in settlement negotiations to try and resolve matters amicably. If settlement is not possible at this stage or if liability is denied, then subject to our independent evidence remaining supportive, we would then take steps to issue the case in Court and would explain this process to you in detail. However, most cases do resolve prior to proceedings being issued or if they are, then prior to any trial.

Read more in our guide to the clinical negligence claims process.

Is there a time limit to claim compensation for gastric band negligence?

You generally have three years in which to issue court proceedings in any gastric band negligence claim. That three-year time period will run from the date when you knew, or should have known, that you had suffered an injury arising from the alleged negligent medical treatment.

There are exceptions to this and different rules apply to children and people who lack the mental capacity to conduct legal proceedings.

Because a lot of work has to be carried out before issuing court proceedings, it is advisable to seek legal advice as soon as possible. It is easier to recount events and gather evidence in the immediate aftermath of gastric band surgery, so get in touch with our team today to start the process and avoid missing any required deadlines.

Learn more about the time limits involved in making a medical negligence claim.

How much compensation can I get?

Compensation in a gastric band negligence claim is intended, as far as money can, to put the claimant in the position they would have been in had the negligence not occurred. The amount will depend on the injury, its consequences and any consequential financial losses.

Payments are categorised into general damages - for the pain, suffering and loss of amenity caused by the negligent treatment - and special damages, which cover the costs associated with the negligence, including any out-of-pocket expenses or future needs.

Gastric band negligence can result in a prolonged recovery and the pain associated with that, and all of this will be taken into account when calculating general damages. Your solicitor will also consult the Judicial College Guidelines, which provide recommended compensation amounts for different types of injury.

Special damages can include:

• Past and future loss of earnings if complications affect the claimant’s ability to work.
• Medical treatment costs, including further surgery, rehabilitation or other necessary care.
• Care and assistance costs, where additional help is required because of the injury.
• Other reasonable expenses and financial losses caused by the negligence. 

The value of a claim will therefore depend on both the seriousness of the avoidable harm and its short- or long-term financial impact. During the legal process, the team at JMW will consider, assess and advise you of what is a fair amount of compensation for the client’s individual needs.

Q

What is gastric band surgery?

A

Gastric band surgery is a form of weight loss surgery that involves an adjustable band being placed around the stomach, reducing the amount of food that the stomach can hold.

This has the effect of creating a small pouch in the upper part of the stomach that fills up more quickly than before, allowing the patient to reduce their food intake and lose weight. The band can be inflated and adjusted by a surgeon by injecting liquid into a tube just beneath the skin.

More than 10,000 gastric bands are fitted every year in the UK. People who are fitted with the band may typically lose somewhere between half and two-thirds of their excess weight in the 24 months following their operation.

Q

What can go wrong with gastric band surgery?

A

As with any surgery there can be potential complications, but if a medical professional acts negligently, the consequences can be very serious. 

Complications can include:

• Infection internally or at wound area
• Injury to the stomach and other organs
• Leakage of food out your abdomen
• Blood clots
• Band slippage or erosion
• New or worsening heartburn
• Death

Not every complication amounts to medical negligence. However, even when the outcome is not fatal, mistakes made during gastric band surgery can have a huge effect on the patient’s everyday life. 

That’s why seeking expert legal advice on gastric band surgery claims is so important, as a successful compensation claim can greatly increase the chances of achieving a better quality of life.