Bariatric surgery can be life-changing for people living with severe obesity, offering significant weight loss and improved long-term health. However, when mistakes occur during these procedures, the consequences can be serious and, in some cases, life-threatening.
At Michael Boylan Law Firm, we have over 35 years’ experience representing patients who have suffered harm due to medical negligence. We are committed to helping individuals and families pursue appropriate redress where substandard medical care has caused injury.
If you or a loved one has been harmed as a result of bariatric surgery, our team can advise you on your legal options.
What Is Bariatric Surgery?
Bariatric surgery refers to a group of medical procedures designed to support significant weight loss in patients with severe obesity. These procedures work by:
- Restricting the amount of food the stomach can hold,
- Reducing the absorption of nutrients, or
- A combination of both.
Bariatric surgery is usually recommended only where non-surgical methods such as diet, exercise and medication have not been successful.
Types of Bariatric Surgery
Roux-en-Y Gastric Bypass
This involves creating a small stomach pouch and connecting it directly to the small intestine. This limits food intake and reduces calorie and nutrient absorption.
Sleeve Gastrectomy
Approximately 80% of the stomach is removed, leaving a narrow tube. This restricts food intake and alters hunger hormones.
Adjustable Gastric Band
A silicone band is placed around the upper stomach to form a small pouch. The band can be adjusted over time to control intake.
Biliopancreatic Diversion with Duodenal Switch (BPD/DS)
A complex procedure combining stomach reduction with intestinal bypass. It achieves major weight loss but carries higher risk of nutritional deficiencies.
Intragastric Balloon
A non-surgical procedure where a balloon is inserted into the stomach to reduce capacity and promote earlier fullness.
Risks and Complications of Bariatric Surgery
Although many patients benefit, bariatric surgery carries known risks, including:
- Infection
- Blood clots
- Gastrointestinal leaks
- Nutritional deficiencies
- Dumping syndrome
- Ulcers
- Bowel obstruction
- Chronic nausea or vomiting
- Hernias
- In rare cases, death
Not every complication involves negligence. However, where harm results from substandard medical care, a legal claim may arise.
What Is Bariatric Surgery Malpractice?
Bariatric surgery malpractice occurs when a healthcare provider fails to meet the standard of care expected of a reasonably competent professional, and that failure causes injury.
Examples may include:
- Improper surgical technique
- Inadequate pre-operative assessment
- Failure to obtain informed consent
- Post-operative negligence or poor monitoring
- Errors in anaesthesia
- Failure to recognise or treat complications promptly
Medical negligence cases in Ireland require independent medical expert evidence to establish that the care fell below accepted standards.
Frequently Asked Questions
Can I bring a claim against the HSE?
Yes. If negligent treatment occurred in a public hospital or HSE facility, a claim may be brought against the relevant authority.
Can I claim against a private surgeon or clinic?
Yes. Claims can also be taken against private hospitals, clinics, and consultants where negligence occurred.
Why pursue a medical negligence claim?
A claim may provide compensation for:
- Pain and suffering
- Additional medical treatment
- Loss of earnings
- Ongoing care or rehabilitation needs
It also serves to hold healthcare providers accountable for substandard care.
How much compensation can I receive?
Compensation depends on:
- The severity of injury
- Long-term impact on your life
- Financial losses incurred
- Future medical needs
Each case is assessed individually.
Can I claim on behalf of a family member?
Yes. Claims may be brought on behalf of:
- Children
- Individuals lacking legal capacity
- Deceased persons (by their estate)
Time limits in Ireland
In Ireland, most medical negligence claims must be initiated within two years from the “date of knowledge”, the date you knew, or should reasonably have known, that you suffered injury caused by negligence.
Different rules apply for minors and persons lacking capacity.
How do I start a claim?
You should:
- Gather medical records and relevant documents.
- Seek legal advice from a solicitor experienced in medical negligence.
- Obtain independent medical expert opinions.
Our team will guide you through each stage of the process.
Legal Costs
Legal fees in medical negligence matters are regulated. Fee arrangements are discussed transparently with clients before any proceedings commence, in compliance with Irish legal advertising and professional conduct rules.
