Texas Law Alert: Summer 2007

CASE BY CASE

Gastric bypass dangers

As more and more Americans are categorized as obese, many are choosing to undergo gastric bypass surgery, which is intended to help them lose weight by surgically reducing the size of the stomach. Although this surgery is becoming more common, there are serious concerns about the safety of the procedure. Recently, a Texas jury was faced with just such a case, and it returned a large verdict for the victim.

In this case, a woman who weighed over 400 pounds wanted the surgery so that she could lead a normal life. Unfortunately, after the surgery, she suffered respiratory failure and spent almost a week in intensive care. She then developed an infection, and the incision from the surgery broke open. Despite these problems, the doctor continued to treat the patient as if she were an ordinary gastric bypass patient, right up until the time she bled to death from complications due to the infection.

The lawyer representing the woman's family convinced the jury that the doctor's treatment was negligent, and the jury awarded the family of the victim $200,000.