Ann Arbor Medical Malpractice Attorney Settles Wrongful Death Lawsuit

Our Buckfire & Buckfire, P.C. Ann Arbor medical malpractice attorneys recently settled a wrongful death lawsuit on behalf of patient who underwent a bariatric weight loss surgery and died a few days later due to the surgeon and medical staff failure to timely diagnose and treat a post-operative leak.  The lawsuit was filed in the Washtenaw County Circuit Court in Ann Arbor, Michigan and settled for $240,000.00 based upon the amount of damages available under Michigan law and the disputed issues in the case.

The wrongful death lawsuit alleged that the patient who underwent a bariatric surgery, also known as a laparoscopic roux n y surgery, was discharged home after a twenty-four hour post-operative admission with signs and symptoms of a post-operative leak.  After her discharge, her family took her to a local hospital emergency department due to the patient becoming severely ill and in significant pain and distress at home.  She tragically died the following day.  The medical examiner determined the cause of death was sepsis from a post-operative bariatric surgery leak.

Our medical malpractice attorneys filed the lawsuit against the surgeon and Ann Arbor medical facility.  The claim was brought by the surviving family members, the patient’s son and daughter.  The wrongful death claim alleged that the surgeon and medical staff failed to timely diagnose the patients condition and discharged her home with the signs and symptoms of a leak that tragically lead to her death.  We argued that if the condition was properly diagnosed before she was discharged home, she would have not died and would have been able to undergo another surgery to treat her condition.

The defendants argued that the leak occurred after she left the medical facility and that her vital signs at the time of discharge were appropriate to send her home.  It was also argued by the defendants that the death was not in fact caused by sepsis, but due to cardiac arrest not related to her bariatric leak.

With proper investigation, reviewing of medical records, depositions, and expert witness testimonials, our lawyers were able to prove that the surgeon and staff was in fact negligent, and the patient would still be living if  her leak was timely diagnosed and treated.

Bariatric surgery is being performed at record numbers throughout the U.S. and here in Michigan.  When performed properly, the results are fantastic for patients who have tried to lose weight without success.  Like any procedure, however, there are significant risks and the results can often be catastrophic, even deadly.  The most common complication of bariatric surgery is the leakage of gastric (stomach) fluid.  When this occurs, prompt diagnosis and proper treatment is essential to the patient’s health.  A doctor or surgeon’s failure to timely diagnose or treat a bariatric leak when symptoms are presented is considered negligent and a lawsuit may be able to be filed against the surgeon and its staff.

In many reported cases, just like this one, a patient is discharged after the procedure without a leak being detected.  They return home, only to become seriously ill just days after their discharge, and as a result suffer from significant injuries, including infections, damage to other organs, and even death.  If you suspect your family member’s death after a bariatric surgery was due to the negligence of a doctor and the surgeon’s failure to timely diagnose and treat their condition, call our top rated Buckfire & Buckfire, P.C. law firm now at (800) 606-1717.  Our medical malpractice attorneys have significant experience in these types of cases and a track record of obtaining sizable settlements for family members who have lost a loved one tragically.  Call today to determine your legal rights.  We offer a free, no obligation consultation and represent our clients under our No Fee Promise, which means no legal fees or costs unless we win or settle your case.


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