In 12/2016 I got a Lapband. Since then I've been in the emergency room a few times with complications. Finally, two weeks ago they scheduled me for surgery to revise the Lapband and fix a hiatal hernia. We expected it to be a one hour surgery, but it ended up being 4 hours due to there being much damage caused by the Lapband. My stomach, diaphragm and esophagus were all twisted together and the my esophagus and aorta were fused together, which would have resulted in death. I would like to know if I have a malpractice case. Thank you. Lisa Calley
The answer can only be determined by request and review of your medical records. A Personal Injury attorney can help with both of the above to determine if the standard of care was breached and if that breach caused you serious Personal Injuries.
Do not delay in reaching out, as the Statute of Limitation in general (there are exceptions) for bringing a potential lawsuit can run as early as 2 years from the date of your surgery.
Please feel free to contact me for a complementary initial case consultation. 25+ Million dollars recovered in Personal Injury. 30 years of experience statewide. AV Preeminent Peer Rated by Martindale Hubbell, 10.0 Superb by Avvo.
Gather all of your records and scans. What is your condition now? It will be necessary to have all reviewed
This reply does not create an attorney client relationship
As noted here, you need to have the records reviewed by a med mal attorney. The issues on review will be proof of negligence and an understanding of the extent of your damages.
A medical expert will need to review all of your medical records. You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statements to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page on Avvo.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. 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 timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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