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 friendly and understanding claims advisors will talk you through your circumstances and make sure you get the best help.

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.

Only pay a fee if you receive compensation

Where we offer No Win No Fee services typically customers pay 25%* of the amount recovered by our solicitors, although this will be subject to your individual circumstances and the actual fee may be less than this. Success fees are common practice and they were introduced when the law changed in April 2013.

First4Lawyers are an award-winning claims management company with a track record of delivering service that our clients love.

*Excluding Road Traffic Accident related claims where the accident happened on or after 31st May 2021. Here customers you will typically pay 30% + VAT due to changes introduced through Civil Liability Act 2018.

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.

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.


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