Bariatric Surgery Negligence Claims: A Complete Guide to Medical Negligence Compensation
Bariatric surgery, including procedures like gastric bypass, gastric sleeve, and gastric band operations, can offer life-changing results for people struggling with severe obesity. While many patients experience positive outcomes, these procedures are not without risk — and in some cases, surgical errors, poor post-operative care, or negligent treatment can lead to serious and even life-threatening complications.
If you’ve suffered harm as a result of negligence before, during, or after bariatric surgery, you may be entitled to claim compensation for your physical, emotional, and financial losses. This guide explains how bariatric surgery negligence claims work, what you can claim for, and how we can support you throughout the process.
What is a Bariatric Surgery Negligence Claim?
A bariatric surgery negligence claim is a legal case made when a patient experiences avoidable harm due to mistakes or substandard care during weight loss surgery. Instead of filing separate claims for each issue you’ve experienced, a negligence claim considers the full extent of the damage caused — physically, emotionally, and financially — and how it has impacted your life.
For example:
- A patient may suffer internal bleeding, sepsis, and severe infections due to surgical errors
- A person could experience leaks from the stomach or intestines because of poor stitching or improper placement
- Others might endure nerve damage, nutritional deficiencies, and chronic pain because of poor aftercare or missed complications
These cases are often traumatic and disruptive, with long recovery periods and lasting effects.
How to Make a Bariatric Surgery Negligence Claim
If you’ve been injured or suffered complications following bariatric surgery, the idea of making a claim might feel daunting — especially while coping with physical and emotional strain. Here’s a clear, step-by-step breakdown of what’s involved:
Step 1: Get a Free, Confidential Consultation
Contact our specialist medical negligence team for a no-obligation discussion. We’ll listen to your story, assess whether you have a valid claim, and explain the process in plain terms.
Step 2: Gather Key Evidence
To build a strong case, your solicitor will need to collect:
- Details of your surgery — where, when, and by whom it was carried out
- Your medical records, including surgical notes, scans, and follow-ups
- Evidence of your symptoms, complications, and any corrective surgeries
- Independent medical reports confirming errors or substandard care
- Documentation of financial losses (like lost earnings, medical bills, and extra care costs)
Once the evidence is gathered, your case will be handled by an experienced solicitor specialising in medical negligence and complex surgical claims.
What If the Hospital or Surgeon Denies Responsibility?
If the healthcare provider denies liability, your claim doesn’t have to end there. Your solicitor will:
- Examine your medical records and compare them to accepted medical standards
- Obtain expert reports from independent bariatric specialists
- Collect witness statements and review internal hospital records if necessary
- Investigate whether the hospital followed proper pre-op assessments, aftercare, and consent processes
- Take legal action to hold the responsible parties accountable
Robust evidence and expert medical opinions are essential to proving your case.
Who Can Make a Bariatric Surgery Negligence Claim?
You could be entitled to compensation if you’ve experienced avoidable harm caused by:
- Surgical errors during a bariatric procedure
- Incorrect or missed diagnosis of complications like leaks, infections, or blood clots
- Poor or inadequate aftercare
- Inappropriate advice or mismanagement of medication, nutrition, or follow-up support
- Failing to obtain informed consent or explain risks properly
- Use of defective surgical equipment or products
You can make a claim if you are:
- The patient affected
- A close family member acting on behalf of a loved one who is under 18, lacks mental capacity, or has passed away due to complications
What Can You Claim for in a Bariatric Surgery Negligence Case?
The compensation you may receive depends on the severity of your injuries, how they’ve affected your life, and the financial losses you’ve experienced. A successful claim could cover:
- Medical expenses: Corrective surgery, private treatment, medication, and therapy
- Pain and suffering: For physical pain, emotional distress, and trauma
- Loss of earnings: Time off work now and in the future if your capacity to work is affected
- Ongoing care and assistance: If you need help with daily tasks or mobility
- Travel costs: For hospital visits, treatment, and therapy sessions
- Home adaptations: If your injuries have left you with mobility or long-term health needs
- Future losses: Including future care costs and loss of income if you’re unable to work
Your solicitor will work to ensure that the full impact of your injuries — physical, psychological, and financial — is included in your claim.
Can You Claim on Behalf of a Family Member?
Yes — you can claim on behalf of a loved one if they:
- Are under 18
- Lack mental or physical capacity to manage their affairs
- Have sadly passed away due to surgical negligence
In cases of wrongful death, family members may also claim for dependency losses, funeral expenses, and emotional suffering.
How Long Does a Bariatric Surgery Negligence Claim Take?
The time it takes to settle a claim depends on several factors:
- Whether the hospital or surgeon admits fault
- The complexity and seriousness of your injuries and complications
- How long your recovery and future medical prognosis will take
- Whether there are disputes over evidence or compensation
Straightforward claims might settle within 12 to 18 months, while more complex cases involving multiple injuries or fatalities can take two years or more. We’ll keep you fully informed and handle every aspect of the case for you.
Are Bariatric Surgery Negligence Claims Complex?
Yes — these claims often involve greater medical and legal complexity because of:
- The specialist nature of weight-loss surgery
- The wide range of possible complications (from infections to life-threatening organ damage)
- The psychological effects of surgery and medical errors
- Long-term effects like nutritional deficiencies and lifestyle restrictions
- The need for expert medical opinions and detailed evidence
It’s vital to work with a solicitor experienced in handling bariatric surgery and medical negligence claims.
We’re Here to Support You
If you’ve suffered harm due to bariatric surgery negligence, it can affect every part of your life — physically, emotionally, and financially. But you don’t have to face it alone.
Our specialist medical negligence solicitors are here to:
- Support you through every step of your claim
- Help you access expert treatment and care
- Fight for the compensation you deserve
- Give you peace of mind as you move forward with your life
Contact us today for a free, confidential consultation — and take the first step towards justice, recovery, and financial security.