AboutGlenn A. Dorfman Expertise Twenty-four years experience in personal injury, medical malpractice and medical product liability law. Practice currently concentrated on the diet drug (fen-phen) litigation. Qualified to answer all questions regarding injuries and the law, except for worker`s compensation.
Question I originally was lap banded in November 2005.I was experiencing symptoms of GERD for several months. Tests confirmed band slipped. Same surgeon Dr X, who did first banding did this replacement assisted by Dr Z. Surgery was done laposcopic & also small hiatal hernia repaired. All seemed OK & released on a Saturday afternoon after an overnite stay. The following Wednesday, my husband phoned the Dr's office. I was not in any pain but bloating, I looked 9 months pregnant. Dr Z was covering as Dr X was on vacation. Advised to proceed immediately to the ER. Dr. X performed "open" surgery & had a hard time finding stomach perforation. I spent 10 days in the hospital-7 of which were in ICU. Released around 5 pm on a Friday nite with wet pack & VNA would be setting up & monitoring VAC machine three times a week. My husband changed the dressings on the off days. About 5 weeks after release & followup visit w/Dr X-changed to Aquacel (silver pack dressing) Its now been just over 2 months & just starting to get my energy back. Big change from walking daily 3-4 miles before. Should I see an attorney in Massachusetts about a medical malpractice/negligent lawsuit?
Answer There are risks with any surgery and I suppose the perforation of the stomach can be one of those. Whether the perforation was due to sloppy surgery or bad luck, I can't say. Only a surgeon very experienced with the lap band could give a valuable opinion. But here is the bottom line: Even if we spoke with the foremost expert on the lap band and he said the stomach should never be perforated and if that happens, the surgery was done negligently (malpractice), thus giving you a prima facie malpractice case, it is still a very borderline whether I or other attorneys would take the case. Why? If you are recovering and have not suffered any permanent injury or disability, the damages are not big enough.....believe it or not. You can bet the surgeon will say there was a complication but that he did everything within the standard of care. There was no negligence. He will have experts on his side supporting him. His lawyers provided by the insurance company and working by the hour will make it a very lengthy and expensive case to pursue. From the lawyer's view, unless your damages are well into the 6 figures, it just isn't worth the time and expense. Sounds cruel but that's how the system works. No harm though in contacting a local med mal attorney. Good luck
