Bariatric Surgery / Weight Loss Surgery Claims

Weight loss surgery, also known as bariatric or metabolic surgery, can lead to significant weight loss and may be recommended as a treatment for those who are very obese. Weight loss surgery may be available on the NHS for those with a body mass index (BMI) of over 40 or a BMI of between 35 and 40 along with an obesity related condition such as type 2 diabetes or high blood pressure, that might improve with weight loss. A patient must have tried all other weight loss methods to obtain NHS bariatric surgery. However, weight loss surgery can be obtained privately.
 

There are several types of bariatric surgery procedures which include:

• Gastric band – where a band is placed around the stomach so that less food is required to feel full.
• Gastric bypass – where the top part of the stomach is joined to the small intestine so that less food is required to feel full and fewer calories absorbed.
• Gastric sleeve – where part of the stomach is removed.

Bariatric surgery is complex and a recovery afterwards can be a long and arduous journey for the patient. Several different medical professionals will be involved in managing each patient in addition to the surgeon who undertakes the procedure including gastroenterologists, nutritionists and GPs. There are risks associated with weight loss surgery and patients should be made aware of these.

Claims for medical negligence can arise from bariatric surgery if errors are made during the surgery which lead to an injury such as a perforation of an organ. Claims can also arise if the surgery is not carried out with sufficient technical expertise and there is a problem such as incorrect placement of a gastric band causing blockages or incorrect stapling of the joins in a gastric bypass.

However, claims can arise in other ways from the surgery, in particular from:

• Failures to recognise early complications post operatively such as leaking and bleeding which can result in serious infection.
• Failures by doctors in the years after the surgery to detect hernias such as a Petersen’s hernia, which bariatric surgery patients are at increased risk of developing. Hernias may require repair surgery otherwise there can be complications.
• Failures to recognise malnutrition.
• Failing to obtain informed consent for the surgery where the patient would not have undertaken it had they been made fully aware of the risks.

Weight loss surgery compensation

In order to bring a claim, it has to be proven that there was substandard care which caused harm. The amount of compensation available will depend upon the injury suffered, the extent of this and the impact on day to day life. Errors made in relation to weight loss surgery can be serious and compensation may include sums for any further surgeries required, the cost of future care, therapies and equipment and any financial losses including lost earnings.

If you or a family member is concerned about bariatric surgery they have had, please contact us to discuss how we can help.

Your claim - why us?

Your case will be investigated by our specialist lawyers, led by a partner. We gather all the relevant evidence and work closely with leading experts to assess the strength of a claim.

We then work with further experts to consider a client’s long term needs and the full amount of compensation required.

We provide a highly supportive service and if relevant, we will advise upon options to seek funds for early interventions and rehabilitation not available on the NHS where possible. We offer home and hospital visits.

Our lawyers are recognised by the Legal 500 and Chambers directories as specialists in clinical negligence cases. Our team includes lawyers with specialist clinical negligence accreditations from Action against Medical Accidents (AvMA) and the Law Society.

Frequently Asked Questions

How long do I have to bring a weight loss surgery claim?

There are strict time limits for bringing a negligence claim for injury in England and Wales. This is called the limitation period.

For adults, the usual rule is that a claim must be formally started at Court within three years of the date on which the negligence occurred, or the date on which the injured person should reasonably have been aware that there might be grounds to bring a claim (if that date is later). 

If a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court.

There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.

It takes time to investigate a claim, so you should contact us as soon as possible.

 

Can I bring a claim on behalf of a child or a family member who is not able to do it themselves?

If a claim relates to injuries suffered by a child or an adult who does not have ‘mental capacity’; a family member (or other trusted person) can act as a ‘Litigation Friend’ and bring the claim on their behalf.

If you are unsure about whether you can bring a claim on someone else’s behalf, we will be able to advise you.

 

What is the process for bringing a claim?

We start by obtaining evidence such as medical records, accident reports, witness statements, and expert evidence to prove that your injury was caused by negligence. 

We also calculate the amount of compensation that can be claimed.  Typically this involves instructing experienced experts to advise on the injured person’s needs, in order to maximise the level of compensation. We then try to reach a financial settlement with the Defendant (the individual or organisation legally responsible for the injury) or their insurer. 

In some cases settlement is agreed at an early stage. In other circumstances, it may be necessary to begin Court proceedings.

For further information on this process, read our Guide to Making a Claim.

 

Can claims be brought in relation to private and NHS medical treatment?

Yes. Where treatment was provided through the NHS, the claim is usually brought against the responsible NHS organisation (such as the Hospital Trust or Primary Care Trust). 

Where the treatment was privately funded, the claim is often brought directly against the private hospital, or the private medical practitioner, that provided the treatment.  Hospitals and private practitioners are typically insured or indemnified for negligence claims.

 

Will my case be decided by the Court?

Probably not.  The vast majority of personal injury and medical negligence claims are not decided by the Court.

Successful claims are usually resolved by agreement of a settlement either before or during formal Court proceedings. 

Occasionally, the Court will decide a case, if it cannot be resolved any other way. 

 

Can I make a 'no win, no fee' weight loss surgery claim?

Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not usually have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.

Please see our page on How are claims funded?

 

Other organisations and resources that may help

• AvMA (Action against Medical Accidents) 
• APIL (Association of Personal Injury Lawyers)