Negligence in Atlanta Bariatric Surgery Malpractice Cases
In the medical field, healthcare professionals must operate within the standard of care, which is the reasonable degree of care and skill that a medical provider must bring to his or her job. In medical malpractice cases, negligence is a departure from that standard of care.
Understanding negligence in Atlanta bariatric surgery malpractice cases is crucial because it is the key to recovering compensation after a medical error. To learn more about liability in these types of claims, do not hesitate to speak with a skilled bariatric surgery malpractice lawyer.
What are the Four Elements of Legal Negligence in Atlanta?
To succeed in a bariatric malpractice case, the injured patient must establish the four elements of legal negligence. The individual must demonstrate:
- The existence of a duty of care,
- A breach in that duty,
- The breach caused the patient’s injury, and
- The patient suffered damages.
If any of those four elements is missing, the patient does not have a valid medical malpractice case. Proving the first element is often a non-issue, as the duty of care is inherent in doctor-patient relationships. However, proving the other three can be more challenging. In cases involving bariatric surgery errors, an experienced lawyer could help patients establish that the medical provider’s actions directly caused their injuries and damages.
Examples of Negligent Acts During a Weight-Loss Procedure
There are many potentially negligent acts that could cause complications during or after a weight-loss procedure. Patients and their family members should be aware of some of the most common errors during bariatric surgery.
During an operation such as a gastric bypass, or sleeve gastrectomy, it is crucial to use anesthesia so the patient does not feel unnecessary pain. If the anesthesiologist commits an error, that may constitute negligence.
Additionally, the use of improper surgical techniques is also a breach in the standard of care that could result in a lawsuit. Regardless of the types of error, bariatric patients should consult with a lawyer to determine if they have a valid negligence claim.
Evidence Required to Prove the Liability of a Bariatric Surgeon
When pursuing a legal claim after a flawed weight-loss surgery, injured patients must use evidence to prove the opposing party’s negligence. Common types of evidence include medical records, witness testimony, bills, and any other documents that may be relevant to the case.
The patient’s friends and family could provide fact witness testimony to explain what happened during the screening appointments and after the surgery. Additionally, the state requires injured parties to provide expert witness testimony in all medical malpractice cases. These witnesses provide specialized knowledge about the field of medicine specific to the lawsuit.
Potential Obstacles to Demonstrating Fault
In most medical malpractice cases, the defense will try to shift blame to the injured party. However, lawyers see much more patient-blaming in bariatric malpractice claims.
Because the individuals who typically undergo weight-loss surgeries often have prior conditions, the opposing party may argue that those ailments caused or contributed to the patient’s injuries and damages. The legal team at Warshauer Woodward Atkins has access to an in-house doctor who could help injured patients challenge the incorrect assumption that they caused their own injuries.
How Does Signing a Consent Form Impact a Patient’s Right to Sue?
Prior to surgery, the patient will typically have to sign a consent form stating that he or she has been informed about the risks associated with the procedure and the likelihood of success. Whether or not the doctor actually talked to the patient about these issues, the information will likely be in the form.
It is essential to note that injured patients may pursue a malpractice claim even if they signed one of these consent documents. A patient never consents to medical malpractice, and a skilled lawyer can use that fact to help individuals overcome those types of obstacles.
A Lawyer Could Help Establish Negligence in Atlanta Bariatric Surgery Malpractice Cases
Proving negligence in Atlanta bariatric surgery malpractice cases can seem daunting if you do not have legal help. Our attorneys could perform a thorough investigation to gather compelling evidence to prove each element of liability. Please contact our firm today to learn more about how we could help you seek compensation for your losses.
