Bariatric bypass surgery is a strategy that's been gaining in popularity in recent years because it's seen as a relatively safe and effective way to lose weight for those who are dangerously obese.  Unfortunately, there are risks involved with any surgical procedure, especially those where the patient is otherwise vulnerable to harms that include infections.  Tragically, the family of a man who was killed as a result of complications from this type of surgery has only the law left to provide them with some sort of recourse, and they are suing the federal government for $15 million.

According to reports, the victim in this situation, Warren Jupiter, was a cab driver in New York who went to the VA for this surgery after his weight had risen to a dangerous 550 pounds.  The surgery occurred in 2003 at the Manhattan VA hospital.  Soon after the surgery, Mr. Jupiter developed a gastric leak that was not detected for months.  This complication could have been detected, but doctors claimed that Mr. Jupiter was simply too big to fit into a CAT scan machine. 

New York Medical Malpractice Issues

Many people consider New York medical malpractice lawsuits to be the result of emergency surgeries or normal evaluations, but the fact is that they are often the result of these types of procedures that many assume are simple and almost never dangerous.  Recent studies have indicated that almost half of all people who depend on hospitals for health concerns experience some type of adverse event that ranges from discomfort to death.  We hope that justice is done in this case.

New York Medical Malpractice Lawyers

If the plaintiffs prove that the medical providers were negligent in failing to figure out a way to have a CAT scan done that may have saved the victim's life, it's possible that the federal jury will find for the plaintiffs and award them the damages they seek.  Damages in these cases can include compensation for additional medical costs, lost income, loss of companionship and other forms of less tangible losses suffered by those who have been harmed.

If you or someone you love has been injured or worse as a result of a mistake made by medical professionals, you need to seek the help of New York medical malpractice lawyers who have been fighting for the rights of grieving families for many years.  Contact Fitzgerald & Fitzgerald today to schedule a free initial consultation.