Delayed Diagnosis of Eroded Gastric Band

Background

Ms G contacted a private weight loss service to undergo the insertion of a gastric band. Within less than a week of her weight loss surgery, Ms G was nauseous, unwell and unable to drink.

Imaging to help determine the cause of those symptoms was carried out multiple times, but none of the studies reported any cause for concern. However, her problems continued and she underwent removal of the port in the middle of the following year.

However, Ms G’s symptoms continued. Soon it was known that the band had eroded through the wall of her stomach. Over the following year, she underwent several other investigations, all confirming the band erosion. The correspondence disclosed an intention to remove it at some point. However, the following year Ms G was admitted to hospital having become acutely unwell and the band was removed as an emergency procedure.

Since the removal of the gastric band, many of Ms G’s symptoms have improved. However, she continues to suffer from some digestive symptoms for which she requires regular proton pump inhibitors. She has also developed dental problems.

This misdiagnosis claim was pursued on the basis that the surgeon was negligent in failing to note the erosion earlier and then for failing to remove the band promptly once the erosion had been diagnosed. In addition, the radiologists negligently failed to report findings on the imaging which would have led to an earlier diagnosis of the erosion. 

Settlement

Proceedings were issued. Initially, the Defendants denied both breach of duty and causation. Eventually, the claim was settled for £42,500, with £20,000 allocated for Ms G's pain and suffering.

This case was led by Tami Frankel.

NOTE: While our case studies are designed to give an indication of the outcomes that can be achieved in these circumstances, the compensation awarded in individual cases can vary significantly due to a range of factors, including effects on life expectancy, the severity of the medical negligence that took place, and the financial impact.