Bariatric Surgery Injury Claims

Bariatric surgery is a complex procedure that is intended to help patients lose weight and improve their overall health. Surgeons have a duty to qualify patients as being suitable candidates for this complex and life-changing procedure. Our Medical Negligence Lawyers Brisbane and QLD handle insurance claims for disability resulting from medical treatment and compensation claims for medical errors, ie Bariatric surgery and Medical Malpractice.

Bariatric Surgery Injury Claims Brisbane and QLD

Bariatric surgery is a complex procedure that is intended to help patients lose weight and improve their overall health.

Surgeons have a duty to qualify patients as being suitable candidates for this complex and life-changing procedure.

Thorough pre-operative evaluation requires a close examination of a patient’s medical history including any factors which indicate against such procedure, current health status, and psychological health.

Such evaluation should inform the surgeon as to which of the following surgery procedures should be used for any particular patient:

Roux-en-Y Gastric Bypass.

This surgery involves creating a small pouch at the top of the stomach and then connecting it directly to the small intestine, bypassing a portion of the stomach and intestine. This procedure reduces the amount of food a person can eat and the amount of calories they absorb.

Sleeve Gastrectomy.

This procedure involves removing a large portion of the stomach, leaving a small tube-shaped stomach. This limits the amount of food a person can eat and helps them feel full more quickly.

Adjustable Gastric Banding.

This involves placing a band around the top of the stomach, creating a small pouch. The band can be adjusted to control the amount of food a person can eat.

Biliopancreatic Diversion with Duodenal Switch.

This is a more complex procedure that involves removing a portion of the stomach and rerouting the small intestine. This procedure results in more weight loss than other methods, but it also carries a higher risk of complications.

Intragastric Balloon.

This is a non-surgical procedure in which a deflated balloon is placed into the stomach and then filled with saline solution. The balloon takes up space in the stomach, reducing the amount of food a person can eat.

Bariatric surgery comes with risks and potential complications that should be fully discussed with patients. Some of the mistakes that can occur during or after surgery include:

  • Organ damage: The surgeon can inadvertently damage organs such as the liver, spleen, and other abdominal structures;
  • Bleeding: Unrecognised tissue damage in the course of surgery can result in extensive abdominal bleeding;
  • Wound infection: Infection can occur at the site of incision or in the abdomen which if not recognised quickly can lead to serious complications.
  • Strictures: Narrowing of the opening between the stomach and intestine can cause nausea, vomiting and chronic pain.
  • Nutritional deficiencies: if the surgery involves removal of part of the stomach organ, some patients may experience nutritional deficiencies.

Do you have a claim?

If you have a question, please get in touch with our Medical Negligence Lawyers regarding Bariatric Surgery

Common types of negligence claims

To succeed in an action for damages in medical matters, negligence must be established, and the patient must be harmed or injured through that negligence.

Amputation due to medical negligence.

Spinal injuries and cauda equina.

Anaesthesia errors.

Bowel and oesophageal perforation.

Accident & Emergency treatment claims.

Fracture & joint misdiagnosis claims.

X-ray and radiology negligence claims.

Medical misdiagnosis.

Birthing injuries.

Plastic and cosmetic surgery negligence.

Nerve injuries.

Cancer Misdiagnosis.

Surgical negligence claims.

Wound infection claims.

Do wound infections count as a medical treatment injury?

As Medical Negligence Lawyers, wound infection following treatment does not necessarily establish any medical malpractice. It must be shown – for compensation – that the infection was as a result of neglect.

Such as sewing up a dirty wound, treating the injury site with a contaminated instrument, or performing surgery without following proper hygiene procedures.

If it can be proven that the medical professional caused the infection through poor treatment standards, then there may be a compensation case for medical malpractice.

It is recommended to speak to a Medical Negligence Lawyers to discuss how to take the best course of action.

How do you establish the causation between the substandard treatment and the resulting symptoms?

It is essential to prove the extent to which the negligence has contributed to your overall condition. This is established on the basis of expert medical opinion.

Medical malpractice usually falls within one of the following classes:

  • Failure to diagnose at all or failure to diagnose in a timely manner
  • Failure to treat appropriately
  • Failure to provide or counsel appropriate follow-up
  • Failure to refer for specialist diagnosis/treatment
  • Failure to warn as to complications
  • Failure to perform treatment/surgery with the appropriate skill.

Expert evidence is needed to establish the difference between:

  • The original condition you sought treatment for
  • and the condition you were in after that treatment.

Speak to our Medical Negligence Lawyers to see what available options you are entitled to.

What sort of damages are payable in medical malpractice compensation?

It all depends on the proportion of liability attributable to the at-fault medical professional, the extent of your resulting injury and the quality of your evidence.

The amount of compensation to which you are entitled is also based on a comparison of how your life was before and after the accident.

If someone whose injury has had a significant effect on their quality of life (work, psychological, physical) is entitled to higher compensation than someone whose injury has had a minor impact on their lives.

The amount of compensation also is determined by:

  • General damages (loss of enjoyment in life due to suffering);
  • Out of pocket expenses (medical bills, rehabilitation costs);
  • Any loss of income and superannuation contributions;
  • Potential medical or personal care costs that is likely to occur due to the injury; and
  • The interest from the loss of earnings.

If you are not sure if your compensation claim is worthwhile, contact our Medical Negligence Lawyers and we will help assess your needs and eligibility for our no-win no-fee service.

What are the fees for insurance and compensation claim for Bariatric Surgery?

It is essential to always speak to Medical Negligence Lawyers about your Bariatric Surgery situation. Your financial position should not prevent you from seeking legal advice in regards to your injury you suffered that you are ‘not-at-fault’ for.

Medical bills and taking time off work or even worse, potentially not being able to return to work can be costly. Carter Capner Law offers a ‘no win no fee’ arrangements in many cases.

With a ‘No Win, No Fee’ agreement, your lawyer takes on the financial burden of pursuing your case, you can focus on your recovery and in the meantime on how best to care for your family.

Don’t delay in getting in touch with our Medical Negligence Lawyers regarding Bariatric Surgery. Carter Capner Law is here to help you with your claims.

For free, no-obligation chat call our no win no fee lawyers today. We have offices across Brisbane and service all of Queensland.

What evidence do I need to keep and collect?

To assist your Medical Negligence Lawyers with the investigation regarding Bariatric Surgery, it is important to try to do the following:

  • Make notes of your recollection of all events relevant to the accident
  • Record names and addresses of witnesses
  • Take photos and video of the place where you were injured. “A picture tells a thousand words”. Sketches are also helpful
  • Take photos and video of any product, equipment or object that injured you
  • Take photos of your injuries
  • Keep any defective product which caused an injury
  • Keep details of your absences from work caused by the injury
  • Make a list of visits to doctors, physiotherapists, chiropractors etc for treatment and follow-up visits
  • Keep all invoices and receipts for medical, chemist etc expenses
  • Record details of assistance provided by friends and family members
  • Collect contractual records.
  • Collect documents showing your loss of earnings and earning capacity including wage slips, group certificates, income tax returns (for 6 years prior to the accident and each year after), references and resumes

Is my claim worthwhile?

Whether your claim is worthwhile depends on the seriousness of your injury and how that affects your employment and lifestyle.

There are some claims that are not worthwhile such as those for trivial injuries where there is no insurer or the party at fault does not demonstrate significant assets against which a judgment can be enforced.

If you are not sure if your compensation claim is worthwhile, please contact us, and our Medical Negligence Lawyers will help assess your needs and eligibility for our no-win no-fee service regarding Bariatric Surgery.

Carter Capner Law offers specially tailored services in connection with severe brain injury and spinal injury accidents for children and adults to help formulate comprehensive loss statements that include individualised damages components that make up multi-million dollar claims.

If you are not sure if your compensation claim is worthwhile, contact our Medical Negligence Lawyers and we will help assess your needs and eligibility for our no-win no-fee service regarding Bariatric Surgery.

Are children eligible to claim for Bariatric Surgery and medical negligence + malpractice?

For children, a Notice of Claim Part 1 (NOC-1) must be delivered to the at-fault party before the earlier of:

  1. Six (6) years after the day a parent knew or ought reasonably have know that the injury had occurred; or
  2. Eighteen (18) months after the day a parent consults a lawyer about the possibility of making a claim.

If the Notice is not given as required, then the claim is not automatically barred, but the at-fault party may seek a Court Order preventing the claim proceeding further.

If the Court allows the claimant to proceed, you may still be prevented from recovering expenses incurred before giving the Notice including:

  • Medical and other expenses
  • Legal costs
  • Any entitlement in respect of gratuitous domestic service you have provided.

To complicate matters further, if you receive at any stage from another party a written “Notice of Adverse Event Arising out of Treatment” then the requirement for you to give the NOC-1 within the time limits referred to above is more important.

Rather than the at-fault party being able to obtain a Court order to stop the claim, the onus shifts to you to prove why you should be entitled to proceed with the claim. Even if the Court permits you, the above consequence relating to recoverable expenses will apply.

The eighteen (18) month time period is therefore absolutely critical.

Do you need professional advice on your circumstances? Please speak with one of our experienced Brisbane-based Medical Negligence Lawyers today regarding Bariatric Surgery.

What happens if the NOC-1 is submitted outside of the applicable time limit?

If you fail to lodge the NOC-1 within 12 months of the at-fault party supplying the documents, you must have a reasonable excuse for the delay. Speak to us today to see if we can help.

Are there any other time limits for making a Bariatric Surgery claim?


An “Initial Notice” must be sent to the at-fault party (the negligent doctor or hospital) within:

  • One (1) month after the day the claimant first consults a law practice for the personal injury and the at-fault party is identified


  • Nine (9) months from the date of injury (or first appearance of symptoms).

The time limit is determined by whichever date occurs first.

The at-fault party then has one (1) month to provide all relevant records and documents about your medical treatment.
From the date they provide the documents you have a further twelve (12) months to complete and deliver to the at-fault party:

  1. The detailed Personal Injuries Proceedings Act Notice of Claim (NOC) Part 1
  2. A medical report supporting the claim

The insurer then has six (6) months in which to investigate your claim and to determine whether they will admit or deny liability.

Court proceedings must be commenced within 3 years of the medical event. Don’t delay your right to claim for compensation, speak to one of our Medical Negligence Lawyers today regarding Bariatric Surgery.

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