Gastric Bypass Compensation Claims

Gastric bypass surgery is a type of weight loss surgery that can have a beneficial impact on a person’s health and day-to-day life. However, if mistakes happen before, during or after surgery, the consequences can be serious. You may have needed further surgery, experienced ongoing pain, developed nutritional problems, or seen your work, mobility, family life or psychological health affected.

If medical negligence during gastric bypass surgery has affected your health, JMW’s specialist solicitors are here to help you understand whether you can make a gastric bypass compensation claim.

Our clinical negligence team investigates claims involving surgical error, poor postoperative care, lack of informed consent and other failures linked to bariatric surgery. We will listen to what happened, review the medical evidence and explain your options clearly.

To speak to our team about a medical negligence claim, call 0345 872 6666 or complete our online enquiry form.

How JMW Can Help

If you believe medical negligence during gastric bypass surgery has affected your health, we will investigate what happened, explain your options and pursue compensation if the care you received fell below an acceptable standard.

When you contact us, our medical negligence solicitors will:

• Offer free initial advice: we will listen to your experience and explain whether you may be able to make a gastric bypass compensation claim, with no initial cost or obligation.
• Investigate the care you received: we obtain and review your medical records in full, including your pre-operative assessments, consent documents, surgical records, post-operative notes and any follow-up care.
• Build medical evidence: we work with independent medical experts to assess whether errors, delays or failures in care caused avoidable harm, such as a need for further surgery, ongoing pain, nutritional problems or psychological injury.
• Manage the entire claims process: we guide you through each stage of the claim, explaining what is happening and what to expect from start to finish.
• Advise you on funding options: where appropriate, we can act on a no win, no fee basis, so you are not financially affected if your claim is unsuccessful.
• Assess what compensation should cover: we will consider the physical impact, psychological effect and financial losses caused by the negligent treatment, including lost earnings, care needs and the cost of support linked to your injury.

We act for people across England and Wales, including those whose health has been affected by negligent weight loss surgery in NHS or private hospitals. This may include claims involving poor patient assessment, lack of informed consent, surgical error, incorrect stapling, delayed treatment of complications, or failures in follow-up care after gastric bypass surgery.

We have extensive experience handling medical negligence claims involving surgical errors and failures in post-operative care. Led by Eddie Jones and Angharad Hughes, our medical negligence team is highly regarded throughout England and Wales and supports people affected by avoidable harm during bariatric surgery.

Our team includes members of the Law Society’s specialist panel of clinical negligence solicitors and the Action against Medical Accidents (AvMA) solicitors panel. This reflects our experience in complex and sensitive medical negligence claims.

We understand that complications after gastric bypass surgery can affect many parts of your life, from your physical health and mobility to your work, family life and psychological health. We take a professional but compassionate approach, creating a supportive environment where you can speak openly about what happened and how it has affected you. Throughout your claim, we aim to minimise the strain on you and your family while pursuing the best possible outcome.

Meet the Team

Our medical negligence team includes specialist solicitors who support people affected by avoidable harm during surgery, including gastric bypass surgery and other bariatric surgery procedures.

What Is Gastric Bypass Surgery?

Gastric bypass surgery is a type of weight loss surgery, also known as bariatric surgery. It reduces the size of the stomach and changes how food passes through the digestive system.

During the procedure, a surgeon creates a small pouch from the stomach and connects it to part of the small intestine. This means food bypasses part of the stomach and digestive system. As a result, people usually feel full after eating less food and absorb fewer calories from what they eat. Gastric bypass, gastric band and gastrectomy procedures are all types of weight loss surgery usually carried out by keyhole surgery, and have been shown to deliver significant weight loss benefits when performed correctly.

Gastric bypass surgery may be considered for people who have a high body mass index and serious health conditions linked to weight, such as high blood pressure or type 2 diabetes. It is usually only considered after other non-surgical methods have not helped a person lose weight or maintain significant weight loss.

Other types of bariatric surgery include sleeve gastrectomy, gastric sleeve, duodenal switch and gastric band surgery, with the latter involving the placement of an adjustable band around the stomach to create a smaller pouch. Gastric bypass surgery works differently because it changes both the size of the stomach and the route food takes through the small intestine.

If you need information about gastric band surgery claims, you can visit our dedicated gastric band compensation page.

What Are the Most Common Complications of Gastric Bypass Surgery?

Gastric bypass surgery is a major procedure, and some complications can happen even when the surgeon, doctor and nursing team provide an appropriate standard of care. However, if mistakes are made before, during or after surgery, complications can have a serious and lasting impact on your health.

Common complications linked to gastric bypass surgery include:

• Leaks from the stomach or bowel joins: if the stomach or small intestine is not sealed properly, digestive fluids can leak into the abdomen. This may cause severe pain, infection and the need for urgent further surgery.
• Incorrect stapling: gastric bypass surgery involves dividing and stapling part of the stomach. If this is not carried out correctly, it may lead to leaks, bleeding or damage to nearby tissue.
• Internal injury: surgical error may cause injury to nearby organs, blood vessels or the digestive system. This can lead to pain, internal bleeding, infection or further surgery.
• Severe infection: if a leak, internal injury or wound problem is not recognised and treated quickly, infection can develop and cause serious health problems.
• Blood clots: people having weight loss surgery may face an increased risk of blood clots. Doctors and nurses should assess this risk and take appropriate steps to reduce it.
• Nutritional deficiencies: because gastric bypass surgery changes how the body absorbs food, patients may need long-term monitoring and supplements. A failure to monitor nutritional health can lead to problems such as anaemia, fatigue, weakness and other avoidable complications.
• Digestive system problems: some people experience long-term problems with food intake, sickness, reflux, abdominal pain or bowel changes after gastric bypass surgery.
• Need for further surgery: complications such as leaks, blockages, internal injury or ongoing digestive problems may mean a person needs further surgery to repair the issue.
• Physical and psychological impact: complications may affect your mobility, ability to work, family life and mental health. Where negligent care has caused a psychological injury, this may form part of the claim.

A complication does not automatically mean that medical negligence has occurred. A claim may be possible where the complication was caused by poor care, or where doctors, nurses or surgeons failed to recognise and treat the problem within a reasonable time.

How Does Gastric Bypass Negligence Occur?

Gastric bypass negligence can happen before, during or after surgery. A claim may be possible where a surgeon, doctor, nurse or hospital failed to provide an acceptable standard of care, and that failure caused avoidable harm.

Examples of medical negligence linked to gastric bypass surgery may include:

• Inadequate preoperative assessment: doctors should assess whether gastric bypass surgery is suitable based on your medical history, body mass index, existing health conditions and previous attempts to lose weight through other non surgical methods. If surgery goes ahead when it should not have been recommended, and this causes harm, you may be able to make a claim.
• Failure to explain the risks: you should be given clear information about the benefits, risks and alternatives before surgery. This allows you to make an informed decision. If you were not fully aware of the risks, or you were not told about other types of bariatric surgery that may have been more suitable, this may support a claim.
• Surgical error: mistakes during the procedure may include incorrect stapling, damage to nearby organs or blood vessels, or errors when connecting the stomach pouch to the small intestine. These mistakes can lead to leaks, internal injury, severe infection or the need for further surgery.
• Poor postoperative care: after gastric bypass surgery, doctors and nurses should monitor your recovery and respond to concerning symptoms. Delays in recognising abdominal pain, fever, vomiting, signs of infection, blood clots or nutritional problems may cause avoidable harm.
• Failure to provide long-term follow-up: gastric bypass surgery can affect food intake and nutrient absorption. Patients may need ongoing monitoring, blood tests and advice from a dietitian or bariatric nurse. A failure to identify and manage nutritional deficiencies may lead to serious health problems.

Not every poor outcome is caused by medical negligence. However, if mistakes in your care caused an avoidable injury, worsened your health or delayed your recovery, our solicitors can investigate whether you have grounds to make a gastric bypass compensation claim.

When Can I Make a Gastric Bypass Compensation Claim?

You may be able to make a compensation claim if medical negligence caused avoidable harm during your care. This may relate to the advice you received before surgery, the way the weight loss surgery procedure was carried out, or the care provided during your recovery.

To make a weight loss surgery claim, you usually need to show that:

• You were owed a duty of care: this means the surgeon, doctor, nurse, hospital or private healthcare provider had a responsibility to provide care that met an acceptable standard.
• The care fell below that standard: this may be because of a poor assessment before surgery, a lack of informed consent, surgical errors, poor post-operative care, or a failure to monitor your long-term health after bariatric surgery.
• The negligence caused harm: there must be a link between the care you received and the injury or complications you experienced. For example, a claim may be possible if incorrect stapling caused a leak, or if doctors delayed treating a complication that then became more serious.
• You experienced loss or injury as a result: this may include pain, further surgery, nutritional problems, psychological injury, lost earnings, care needs or other financial losses.

A gastric bypass surgery negligence claim may be possible if you were not suitable for gastric bypass surgery, but the procedure went ahead without proper checks. You may also have grounds to claim if the risks were not clearly explained, if a surgical error caused avoidable harm, or if doctors and nurses failed to act on symptoms after surgery.

You can make a claim whether the negligent care happened through the NHS or during private treatment. If a private surgeon, private hospital or private healthcare provider failed to provide an acceptable standard of care, our team can investigate what happened and explain your options.

What Can I Claim Compensation For?

If medical negligence during gastric bypass surgery has caused avoidable harm, compensation is assessed by looking at the effect on your health, daily life and finances. This is usually divided into general damages and special damages.

• General damages cover the pain, physical impact and psychological injury caused by the negligent care. In a gastric bypass compensation claim, this may include ongoing abdominal pain, problems with food intake, reduced mobility, weakness, fatigue, digestive system problems, or the effect of needing further surgery. General damages may also reflect the psychological impact of what you went through, especially if you experienced a serious complication, a long recovery, or a lasting change to your day-to-day life.
• Special damages cover the financial losses and expenses caused by the medical negligence. These may include lost earnings if your recovery affected your ability to work, care and support needs, travel expenses for medical appointments, prescription costs, and the cost of therapies such as physiotherapy, dietetic support or counselling where these are supported by the evidence. This may also include future losses, for example, if you need ongoing care, further treatment, support with nutrition, help at home, or time away from work in the future.

The amount of compensation depends on the evidence, the severity of the avoidable harm and the impact on your life. Our solicitors will review your circumstances carefully and explain what may be included in your claim.

What Is the Claims Process?

When you contact JMW about a gastric bypass compensation claim, we will listen to what happened, explain whether you have grounds to make a claim and guide you through each stage clearly.

The medical negligence claims process usually includes the following stages:

• Getting in touch with a specialist solicitor: we will speak to you about your gastric bypass surgery, the care you received and the problems you experienced. We will explain whether there are grounds to investigate a medical negligence claim.
• Discussing funding options: we will discuss how your claim may be funded. Where appropriate, we can act on a no win, no fee basis, so you are not financially affected if your claim is unsuccessful.
• Obtaining your medical records: we will request and review your medical records, including pre-operative assessments, consent forms, surgical notes, post-operative care records and follow-up appointment notes.
• Getting an independent medical expert opinion: we will work with independent medical experts who can assess whether the care you received fell below an acceptable standard. They will also consider whether any errors, delays or failures in care caused avoidable harm.
• Valuing the claim: we will assess the impact the negligence has had on your health, daily life and finances. This includes looking at general damages for pain, physical impact and psychological injury, as well as special damages for financial losses such as lost earnings, care needs and treatment-related expenses.
• Presenting the claim: if the evidence supports a claim, we will contact the NHS trust, private hospital or private surgeon responsible for your care. We will set out what went wrong, how it affected you and what compensation is being sought.
• Reviewing the response: the healthcare provider or private surgeon will have the opportunity to investigate and respond. We will explain their response clearly and advise you on the next steps.
• Preparing for court if needed: many claims do not need a trial, but we prepare every case carefully. If court proceedings become necessary, we will continue to guide you through the process and make sure you understand what is happening.

Throughout the claims process, we will keep you updated, answer your questions and work to minimise the strain on you and your family. Read our full guide to the medical negligence claims process.

How Long Do I Have to Make a Claim?

In most medical negligence claims, you have three years to start a claim. This usually runs from either:

• The date the negligence happened: for example, the date of your gastric bypass surgery or the date when a serious mistake was made during your care.
• The date you became aware of the negligence: this may be later than the date of surgery. For example, you may only have realised that negligent care caused your injury after further medical advice, another operation, or a review of your symptoms.

The rules are different for children. If the negligent care happened when the person was under 18, the three-year time limit does not start until their 18th birthday. This means they usually have until their 21st birthday to start a claim. A parent, guardian or another suitable adult may be able to start the claim on their behalf before then.

There are also different rules for people who do not have the mental capacity to make a claim themselves. In these cases, the three-year time limit may not start unless they later regain capacity. A family member or another suitable person may be able to act on their behalf.

Even if you are unsure when the time limit started, it is worth speaking to a specialist solicitor. We will listen to what happened, review the key dates and explain whether you will still be able to make a weight loss surgery compensation claim.

Find out more about the time limits for making a medical negligence claim.

Q

What evidence will I need to make a gastric bypass compensation claim?

A

The evidence needed will depend on what happened and how the medical negligence affected you. We will explain what is needed and gather the key documents for you.

These may include your medical records, consent forms, surgical notes, details of what you were told before surgery, records of your symptoms and recovery, and evidence of any financial losses such as lost earnings, care costs or travel expenses.

We may also ask for evidence from a family member or another person who supported you, as this can help show how your health, mobility, work, family life and mental health were affected. Where necessary, we will work with independent medical experts to assess whether the care you received fell below an acceptable standard and caused avoidable harm.

Q

How long does it take to make a claim?

A

The time it takes to make a medical negligence claim depends on the evidence, the complexity of the injury and how the healthcare provider or private surgeon responds.

Gastric bypass compensation claims often need detailed medical evidence because they may involve surgical records, post-operative care, nutritional issues, further surgery and long-term health effects. We will gather the evidence, obtain an independent expert opinion and keep you updated throughout the claims process.

We will explain each stage clearly, so you know what is happening and what to expect.

Q

Can I make a no win, no fee claim?

A

You may be able to make a gastric bypass compensation claim on a no win, no fee basis. This means that, if your claim is unsuccessful, you will not owe any legal fees.

We will discuss funding options with you at the start of your claim and explain how the no win, no fee basis works before you decide whether to go ahead. Where no win, no fee funding is suitable, we will make sure you understand the agreement clearly.