Weight Loss Surgery Compensation – Clinical Negligence Claims

Although patients can choose to pay privately for weight loss surgery guidelines state that it can only be performed on the NHS if the following apply:

• The individual is healthy enough to withstand the anaesthetic and the surgery
• They have tried all other non-surgical methods such as diet and exercise but have failed to achieve or maintain a level of weight loss that is beneficial for at least 6 months
• They are committed to long term follow up treatment following surgery

Weight loss surgery can also only be recommended for those with a BMI of 40 or above, 35-40 if they have a serious health condition that could be improved with surgery such as diabetes or high blood pressure.

There are several types of weight loss surgery but the two most common are gastric bands and gastric bypass.

Gastric bands work by placing a constricting ring inside the stomach. It creates a small pouch which can only hold a small amount of food resulting in you eating less because you feel full more quickly.

A gastric bypass works by bypassing part of the intestine which reduces how much food and nutrients are absorbed, thus leading to weight loss.

As with any surgery, there are risks involved, but when mistakes are made by the surgeon carrying out the procedure you may be able to claim compensation.

Typical mistakes that have been made during weight loss surgery include bands not being put on correctly or at the wrong angle, and joins not being stapled correctly during a bypass.

Gastric band surgery requires a course of aftercare to ensure that the band restriction is correct. If the aftercare is not carried out correctly, this can cause severe discomfort and potentially leave the patient with permanent physical damage to, among other things, the food pipe.