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Can continuous loss apply to the Roux en Y gastric bypass surgery?

Los Angeles, CA |

Over the ten span my wife has gotten progressively worse. Its to the point to where she cant even hold down an "Ensure" beverage. She has developed an ulcer on the intestine that connects to the now pouch of a stomach as well as a Hiatal Hernia from this surgery. The doctor that did the surgery says there is nothing he can do except have her on an overpriced antacid called "Cara-fate" and an acid reducer called "Dexilant". My wife constantly vomits and has very bad acid reflux. It is almost impossible for her to sleep because of pain or indigestion. She is basically dying in front of me. She is always weak, hair is falling out due to lack of any vitamins and is always sleeping. I would like to sue this doctor for resultant damages from his work, is that possible?

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Attorney answers 3


Sorry for your wife's condition. I don't know what you mean by "continous loss," but the applicable statute of limitation will not be lengthened to allow for progressively worsening condition if it is related to the same injury or conduct. It is unclear from the information provided in your question whether you have a viable medical malpractice claim. It will be necessary to obtain more facts and review your wife's medical records. Consult a medical malpractice lawyer in your area and review the facts with him or her. You may be able to obtain a free consulation as well as legal services on a contingency fee basis.

This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.


I am unsure of what you mean by "Continuous Loss." There is the "Continuous Treatment" doctrine which extends a Statute of Limitations to the last date of treatment with a doctor for the same conditions which are the subject of the malpractice claim. However, ten years is a rather lengthy period of time. You need to speak with an experienced Medical Malpractice attorney in your area immediately to determine if this malpractice claim is still viable.

Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.


Not sure when gastric bypass surgery took place, but there is a statute of limitations. Best bet is to get a doctor that can help treat her better.

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