Losing a loved one to complications from surgery is a heartbreaking experience, and one that nobody should ever have to go through. Surgery for weight loss, such as gastric bypass surgery, carries with it many risks, but it is performed with the intention of improving someone's health. Complications can easily arise from such a surgery; however, it is the responsibility of the hospital staff to mitigate the risks and to make the decision not to perform the surgery if the patient is too high-risk.
When a person passes away due to a surgery, naturally questions need to be asked in regard to whether medical malpractice was to blame. Medical malpractice is a term used for any type of behavior, decision-making or care that is below the standard that one should expect from a competent medical practitioner. If it can be shown that this incompetence directly led to a person's death, then legal action can be sought and damages can be claimed.
How can medical malpractice be proven?
There are so many facets to a surgical procedure and to the entire hospital experience that it can be difficult to place where mistakes were made. If complications occurred due to understaffing or undertraining of nurses, it may be possible to file a claim against the hospital. However, if a particular doctor or surgeon made a poor and negligent decision, a claim may be made against him or her directly.
If you have lost a loved one due to weight loss surgery and believe medical malpractice was to blame, you may be able to file for damages.
Source: FindLaw, "When to Sue for Weight Loss Surgery Injuries," accessed June 08, 2018