Filing a medical malpractice claim after surgery is challenging

Surgical procedures to bring about weight loss such as lap-band surgery, gastric bypass and other methods of restricting food intake could be risky. If things do not go as planned, the patient will have many aspects of the treatment to consider to determine whether a medical malpractice claim is a viable option. Standards to which surgeons in this field are held are the same in Arizona as in all other states.

If discussing the matter with the surgeon does not resolve the issue, the patient might consider taking legal action. The patient, who will be the plaintiff in a medical malpractice lawsuit, will have to establish the required standard of care for a surgeon in this field, and then prove in court that the required standard was not met. Expert testimony will likely be necessary, and that can be challenging since the expert testifying would likely be a surgeon in the same field.

Other steps that can be taken include reporting the issue to the medical licensing board, which might formally discipline or warn the surgeon. However, that will not provide compensation to the injured patient. To recover damages, it will be necessary to gather all documents related to the surgical procedure, including proof of diagnosis, bills from medical professionals, prescriptions and any other relevant paperwork.

This is an extremely complicated legal procedure, which is best navigated by an experienced medical malpractice attorney. After assessing the allegations of medical negligence, the lawyer can determine the viability of a lawsuit, and if sufficient grounds exist, the attorney can make sure that the claim is filed within the statute of limitations in Arizona. With the support and guidance of experienced legal counsel from the start, chances will be better for an outcome that includes a monetary judgment to cover financial and emotional damages.

Source: FindLaw, "When to Sue for Weight Loss Surgery Injuries", Christopher Coble, April 20, 2018

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