Bariatric surgery is recognised by NICE as one of the most cost-effective healthcare interventions to reduce the risk of obesity-related diseases and death.
NHS statistics on obesity, physical activity, and diet (published on 5 May 2020) show a consistent increase in hospital admissions directly attributable to obesity since 2014. Similarly, the number of obesity-related bariatric surgery admissions in the NHS has risen. The primary goals of surgery are significant weight loss and the improvement or reversal of obesity-related conditions, such as high blood pressure and type 2 diabetes.
Despite the increasing number of procedures performed on the NHS, many patients ineligible for NHS treatment choose to pay for private bariatric surgery
Weight-loss surgery and medical negligence claims
While bariatric surgery is often an effective solution for weight management, it requires a lifelong commitment to lifestyle changes for lasting results.
Surgical procedures carry inherent risks, and mistakes can have serious, life-changing consequences. If you believe negligent treatment has caused you further suffering, or if you were inadequately informed about potential complications, you may be eligible to bring a claim within three years of the negligence. Our expert solicitors can guide you through the process.
Sarah Stocker, Solicitor in Tees’ Medical Negligence Team, explains the risks and complications that can arise from bariatric surgery.
Considerations before surgery
Weight-loss surgery is typically considered if:
- You have a body mass index (BMI) of 40 or more, or a BMI between 35 and 40 with a serious health condition that could be improved by weight loss.
- You have tried non-surgical treatments (e.g., dietary improvements and exercise) for at least six months without significant success.
- You are healthy enough to undergo the surgery.
- You commit to long-term follow-up treatments and lifestyle changes.
- You undergo a psychological assessment to evaluate your suitability and motivation.
Types of bariatric surgery
Bariatric surgery involves altering the digestive system to reduce food intake and promote weight loss. Common procedures in the UK include:
- Gastric band insertion: An adjustable silicone band is placed around the stomach to create a small pouch. It reduces the amount of food needed to feel full. The band can be adjusted using a small device under the skin.
- Gastric bypass: The upper part of the stomach is stapled to create a small pouch, which is connected to the small intestine, bypassing the rest of the stomach. This reduces calorie absorption and increases fullness.
- Sleeve gastrectomy: A large portion of the stomach is removed to create a smaller stomach. This procedure is irreversible, and long-term data on weight regain is limited.
Risks of bariatric surgery
When considering surgery, it is essential to weigh the risks of the procedure against the long-term health risks of severe obesity, including strokes, heart attacks, cancer, and diabetes. Common risks include:
- Infection
- Anaesthetic complications
- Blood clots in legs or lungs
- Internal bleeding
- Damage to internal organs
- Nutritional deficiencies
- Gallstones from rapid weight loss
- Psychological challenges, including depression or self-harm
Informed consent process
A comprehensive informed consent process is crucial. Your surgeon should explain the specific risks and benefits of the procedure, as well as any patient-specific concerns.
- Gastric band insertion: Patients should be informed about the need for multiple adjustments, the risk of infection at the band or port site, tubing issues, and the potential for band slippage or erosion.
- Gastric bypass: Patients should understand the risk of dumping syndrome, anastomotic leaks, and internal herniation, along with the requirement for lifelong vitamin supplementation and regular blood tests.
- Sleeve gastrectomy: Patients should be made aware of the irreversible nature of the procedure and the risk of staple line leakage.
Additionally, all patients should be advised about the possibility of weight regain and the likelihood of loose skin, which may require plastic surgery.
Common bariatric surgery negligence claims
Negligence claims may arise from:
- Substandard surgical performance
- Failure to promptly diagnose or treat post-operative complications, such as infections or malnutrition
- Delayed recognition and treatment of internal organ damage
- Incorrect gastric band placement leading to blockages or additional procedures
- Mismanagement of band slippage
- Incomplete gastric bypasses or staple line issues causing leaks
- Delayed identification of leaks leading to severe complications and further surgery
Compensation for negligence
In addition to compensation for physical and psychological injuries, claims may cover financial losses and expenses, including:
- Loss of earnings
- Transport costs
- Private medical expenses
- Care, support, and assistance costs
Making a Medical Negligence Claim
We understand that making a complaint about medical treatment can be overwhelming. However, pursuing a claim can provide financial support and hold negligent providers accountable. If you have suffered injury or financial loss, we are here to help you navigate your claim.
Contact our expert team of solicitors today for guidance and support.
