QUESTION
Do I have a malpractice suit from lapband problems?
Asked on Mar 03rd, 2013 on Medical Malpractice - Kentucky
More details to this question:
May 2008 I had lap-band. I was unable to handle it so the surgeon had to open me back up and remove the band and then use a different band. I went for check ups & band fills & told the Dr. about gagging, choking, stomach problems. I was assured that I just needed some fluid removed. I got to the point, I could not take it any longer. The surgeon said, we will remove it and do the sleeve procedure. When having pre-op tests, the Dr. informed me it looked as though I have barretts esophagas & cancer. A few weeks later he removed the lap-band. Then a few months later which was on 2/22/13 he repeated the egd. My wife asked if it was cancer, he said no, but he still thought it was barrotts espohagas. I called and called requesting the results & finally was told, it looks like cancer & to get to a specialist immediately. The Dr. also confirmed barretts disease and a hiatel hernia. I have researched these problems and found that the lap-band is the cause. I was not informed of this before sur
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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You may have a case, but lab band cases are very difficult because the surgeries are frought with complications and patients usually sign informed consent paperwork that suggests that the outcome was an accepted complication of the procedure. The failure to timely diagnose and treat the cancer might be another angle.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.
Click here for an article that explains what you can expect when filing a medical malpractice case.
Click here and here for more information about me.
Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com.
Answered on Mar 05th, 2013 at 10:36 AM