Gastric surgery negligence claims

Gastric – or bariatric – surgery is most often used for weight loss. Surgery tends to be an option where other weight loss routes haven’t worked.

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While lots of operation are performed successfully, gastric surgery does carry a high risk of complication.  If you feel you’ve been let down by the standard of medical care you received, then you may have a medical negligence compensation claim.

What is gastric surgery?

Also referred to as bariatric and metabolic surgery, weight loss surgery is used as a treatment for people who are very overweight – usually classified as obese.

The different types of gastric surgery are all major operations, done both privately and by the NHS.

The most popular types of gastric surgery are:

  • Gastric band (or lap band surgery)
    A band placed around the stomach so that you feel full quicker.
  • Gastric bypass
    The small intestine is joined to the top part of the stomach, reducing the space so you eat less.
  • Gastric sleeve (sleeve gastrectomy)
    Part of the stomach is removed, so you can’t eat as much.

A non-surgical alternative is the gastric balloon.  This is a silicone ‘balloon’, inflated in the stomach so you need less food to feel full.

What are the risks of gastric surgery?

Gastric surgery does come with risks of complication:

  • The body ‘rejecting’ the gastric band
  • Surgical wound infections
  • Gastric band slippage – where it moves out of position
  • Gastric band erosion
  • Gastric sleeve staple leakage
  • Bowel problems caused by stomach scarring
  • Gastric balloon rupture
  • Injury to surrounding organs during the procedure

Why make a weight loss surgery claim?

If you have received substandard medical care, you have a right to bring it to the attention of those responsible.  Making a claim for gastric surgery compensation not only raises awareness of medical negligence, it also means that you get financial recognition for the pain, suffering, mental anguish and subsequent costs of corrective surgery or treatment.

How can First4Lawyers help?

We have specialist solicitors, experienced in weight loss surgery cases.  Our fully trained legal advisors will talk to you initially, so you can talk through your circumstances and get the best help. How to make a claim

If you have a claim, your advisor will refer you to an appropriate legal expert, who will take on your case.  We also offer No Win No Fee* agreements (not applicable in Scotland or Northern Ireland for medical negligence), so if your claim is not successful, you don’t pay a penny.

How much compensation will I receive for a gastric surgery claim?

Gastric surgery claims are complicated and there are a lot of different aspects to each individual’s situation. Compensation settlements take into account factors such as how you have been affected and any impacts on your daily life.  This includes the pain and suffering you’ve been through.

Loss of earnings, expenses and costs are also taken into consideration, for example if you need to travel for corrective surgery and subsequent treatments, or you need ongoing medication.

How the claim process works


Get in touch

You can contact us 24/7 online or by phone, or use our callback form to request a callback at a time convenient to you


Discuss your situation

One of our friendly, legally trained advisors will get in touch with you. They will assess whether you have a claim and match you with the right solicitor for the case


Manage your claim

Our specialist No Win No Fee* solicitors will then manage the entire claim from start to finish, helping you get the justice and compensation you deserve

Is there a time limit for making a claim?

Personal injury claims should generally be made within three years from the date of your accident, or date of diagnosis.  However, there are sometime exceptions to this, so get in contact with our team and they will chat you through you particular circumstances.

I think I have a claim, what do I do next?

Our team are here to support you and guide you through the process.  You can call us for free, or we’ll call you back – just use the options at the top of the screen.

Our friendly advisers will ask you what has happened, and will talk you through the options available to you.  There is no obligation or pressure to proceed with anything when you get in touch with us.

Get in touch today - we can help with your claim 08005677866

Frequently asked questions

How do I make a claim for medical negligence?

All you need to do is contact us.  We will take it from there.

At First4Lawyers, we will always refer your case to solicitors who are experts in dealing with medical negligence claims.

It's then their job to prove you have received sub-standard care, deserving of compensation.  They will work with you throughout the process, keeping you updated as the case progresses to ensure you get the best possible outcome.

Need more answers? Our guide on how to file a medical negligence case explains more about what you need to know.

Am I entitled to make a medical negligence claim?

Yes, if you have been let down by a healthcare professional, or have suffered as a result of substandard care, then you could make a claim for medical negligence and be compensated for the poor level of care you have received.

What’s more, by making a claim, you’re bringing those responsible to justice, and could prevent someone else from receiving similarly poor care in the future.

Medical negligence can be defined as:

  • Poor care received in a hospital
  • Misdiagnosis of an illness or injury
  • Substandard operations
  • Being given the wrong prescription medicine

However it happens, medical negligence can be serious and in some cases, even traumatic.

If you’ve received substandard medical care and are unsure if you have a case to make a claim, you can speak to one of our legal experts, who will advise you on whether or not you’re eligible to make a claim for compensation.

Can I claim against a private healthcare company?

Yes, you can make a medical negligence claim against a private healthcare company.

All hospitals or healthcare providers will have a private insurance company to cover claims like this.

See our guide on 'how to complain to a private healthcare company'.

Can I make a No Win No Fee* claim for medical negligence?

Yes, No Win No Fee* arrangements can be agreed for medical negligence cases. When you contact First4Lawyers, we’ll be able to tell you if you are likely to have a case, and can arrange a No Win No Fee* agreement.

If you live in Scotland or Northern Ireland you cannot use No Win No Fee* agreements in medical negligence cases. 

How long does a medical negligence claim take?

Every case is unique so there is no set time limit for the case to be settled.

As an average guideline, standard cases can take between 12 and 18 months to be settled, but this is by no means a definitive timeline.

Can I call you for free advice?

Yes, our team of friendly experts are more than happy to help, and will answer any questions you have regarding a claim, even if you’re unsure whether you’re eligible.

Contact us for a free and confidential discussion.

How do you select your solicitors?

We work with an extensive panel of impartial and fully-qualified solicitors.

At First4Lawyers, we make sure you get the very best help available, which is why we screen all solicitors working with us by checking their credentials and qualifications and ensuring that they are registered with the Solicitors Regulation Authority and that they have a valid SRA number.

We pride ourselves on our Standards of Service, and as such, every solicitor on our panel must abide by our high standards.

It’s important to us to make your claims process as easy and accessible as possible, and we have a large range of solicitors who work with us throughout the country.

Above all else, we make it a priority that the solicitor working on your case has the relevant expertise to make your claim, so you can rest assured that your claim is in safe hands at all times.

Will I have to attend a medical?

Yes, you’ll need to have a medical examination to make a personal injury claim.

It's to provide proof that your injury was caused by the accident and to allow your solicitors to value your claim.

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What is medical negligence?

If you've received substandard medical care, you may have a claim for medical negligence. (Duration - 1:35)

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