Weight loss surgery can improve your health and quality of life, but when something goes wrong, the consequences can be serious. If you have suffered an injury following surgery at an NHS or private hospital, you may be entitled to compensation if negligent treatment caused you avoidable harm.

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At Edwards Duthie Shamash Solicitors, our experienced medical negligence solicitors can investigate what happened and advise whether you have grounds to make a weight loss surgery negligence claim.

What Is Weight Loss Surgery Negligence?

Weight loss surgery, also known as bariatric surgery, includes procedures such as gastric bypass, gastric sleeve and gastric band surgery.

Although these procedures are generally considered safe, complications can occur. However, a complication does not automatically mean that medical negligence has taken place.

Certain complications following bariatric surgery may warrant further investigation, particularly where there are concerns about surgical errors or inadequate postoperative care.

Negligence may occur when a surgeon, hospital or other healthcare professional provides treatment that falls below acceptable medical standards, causing avoidable injury or additional harm.

This can happen before, during or after surgery, including during recovery and follow-up care.

For more information about negligent surgical treatment and the circumstances in which compensation may be available, read our guide to surgery compensation claims.

Can I Claim Against an NHS Hospital for Weight Loss Surgery Negligence?

Yes. If you underwent weight loss surgery through the NHS and suffered avoidable harm because of negligent treatment, you may be able to claim compensation.

Examples of potential negligence include:

• Surgical errors causing avoidable damage to internal organs or surrounding tissue.
• Failure to identify significant medical risks before surgery.
• Delayed diagnosis or treatment of postoperative complications.
• Inadequate monitoring during recovery.
• Failure to provide appropriate follow-up care.

To establish a claim, you will generally need to demonstrate that the treatment fell below acceptable medical standards and that this caused or worsened your injury.

Claims involving NHS treatment are usually brought against the NHS organisation legally responsible for the negligent care.

Can I Claim Against a Private Hospital for Weight Loss Surgery Negligence?

Yes. Private hospitals, surgeons and other healthcare professionals must also provide treatment that meets appropriate medical standards.

If you paid privately for gastric bypass, gastric sleeve or gastric band surgery, you may be entitled to compensation if negligent treatment caused avoidable harm.

Depending on the circumstances, your claim may involve the private hospital, surgeon or another healthcare provider responsible for your treatment.

Signing a consent form does not prevent you from pursuing a negligence claim. However, the circumstances of your treatment, including the risks explained beforehand, will need to be examined.

Our medical negligence solicitors can investigate your treatment and help identify who may be legally responsible.

What If I Was Not Properly Informed About the Risks?

Before undergoing weight loss surgery, patients should receive clear information about the procedure, its benefits, material risks and reasonable alternatives.

If your surgeon failed to explain a significant risk or discuss appropriate alternatives, you may have grounds to investigate whether you gave informed consent.

For example, you may have agreed to surgery without understanding a serious risk that was particularly relevant to your circumstances.

However, inadequate information does not automatically establish a successful compensation claim. It is also necessary to consider how this affected your decision and whether it caused the injury for which compensation is sought.

How Do I Prove Weight Loss Surgery Negligence?

Medical negligence claims require evidence that the treatment fell below acceptable standards and that this caused avoidable harm.

Relevant evidence may include:

• Hospital medical records and surgical notes.
• Preoperative assessments and consent forms.
• Discharge records and follow-up treatment details.
• Evidence of complications and subsequent medical care.
• Records of complaints made to the hospital.
• Financial records showing losses resulting from your injuries.

Independent medical experts may be needed to assess whether negligence occurred.

You do not need to gather all this evidence yourself before seeking legal advice. Our solicitors can help obtain medical records and investigate the circumstances of your treatment.

What Compensation Could I Receive?

If your weight loss surgery negligence claim is successful, compensation may reflect the physical, psychological and financial consequences of the negligent treatment.

Depending on your circumstances, this may include:

• Pain, suffering and reduced quality of life.
• Additional medical treatment or corrective surgery.
• Loss of earnings and reduced future earning capacity.
• Rehabilitation and ongoing care.
• Travel and other treatment-related expenses.
• Psychological injuries caused by negligent care.

The amount awarded will depend on the severity of your injuries, their long-term effects and the financial losses you have experienced.

How Long Do I Have to Make a Weight Loss Surgery Negligence Claim?

In England and Wales, the usual time limit for bringing a medical negligence claim is three years from the date of injury or the date you first knew, or could reasonably have known, certain facts about the injury and its possible connection to your treatment, if later.

Different rules may apply to children, people who lack the relevant mental capacity and certain other circumstances.

Because determining the correct time limit can be complicated, it is advisable to seek legal advice as soon as possible.

Speak to Our Weight Loss Surgery Negligence Solicitors

Experiencing complications following weight loss surgery can be distressing, particularly when you are uncertain whether your injuries could have been prevented.

At Edwards Duthie Shamash Solicitors, our medical negligence team can investigate your NHS or private hospital treatment, obtain relevant medical evidence and advise whether you may be entitled to compensation.

We offer a free initial assessment and can discuss funding your claim through a No Win, No Fee agreement.

If you believe you have suffered avoidable harm following weight loss surgery, contact Edwards Duthie Shamash Solicitors on 020 8514 9035 or complete our online contact form to discuss your circumstances.

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