Wrongful Death Caused by Gastric Bypass Medical Malpractice

Gastric bypass surgery is a very popular way for obese people and diabetics to lose weight and become healthy again.  It comes with complications, however.  In fact, it is riskier than other weight loss surgeries.  Doctors are expected to explain this to prospective gastric bypass patients; all of the possible risks and complications should be clearly detailed, making sure that the patient understands.

The experienced Kingston medical malpractice attorney knows that gastric bypass patients can suffer from blood clotting, internal bleeding, gallstones, infections, postoperative leakage, among other complications, that can lead to the necessity for additional surgeries and can even lead to the patient’s death.  The practicing medical malpractice attorney sees the families of victims every day, and a lot can be done to help them. 

What happens when the patient dies?  Is there any way for the victim’s family to hold the negligent doctor accountable?  For a long time, there was nothing that allowed the surviving family to this.  But in modern law, the answer to the question is, yes.  Since it seemed unfair to allow the negligent parties off the hook for the patient’s death, New York law allows the court to appoint a person for the purposes of suing the negligent parties.  The specific law allowing such is New York EPT. Law section 5-4.1; it states:

“The personal representative, duly appointed in this state or any other jurisdiction, of a decedent who is survived by distributees may maintain an action to recover damages for a wrongful act, neglect or default which caused the decedent's death against a person who would have been liable to the decedent by reason of such wrongful conduct if death had not ensued…”

This is a very wordy statute and can be very complex.  It simply states that someone can sue the negligent party as if the decedent were still alive; the plaintiff steps into the shoes of the decedent.  The suit must commence within two years from the date the decedent passed away.

If a doctor negligently caused the death of a gastric bypass patient, the victim’s estate can receive compensation for the victim’s pain and suffering, lost wages, medical expenses, expense paid for the funeral and burial, lost value of any inheritance, parental guidance and care expressed in monetary terms, and any other support that the decedent provided to his or her family. 

While the victim cannot be brought back, the victim’s relatives should know that they have tremendous power in ensuring that the negligent doctor is made accountable for the negligence.  Negligently caused deaths in the medical setting not only harm the victim.  Those people close to the decedent; family, heirs, beneficiaries, and the like are also harmed.

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at [email protected]  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com

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