Botched Bariatric Surgery in Springfield, MA? Here’s What to Do Next

By A Good Law Firm on April 12, 2025

For many Springfield residents, weight loss surgery represents hope for improved health, mobility, and longevity. But when a gastric bypass or other bariatric procedures goes wrong, the consequences can be devastating.

Al Goodman is a botched bariatric surgery medical malpractice attorney in Greater Springfield. In this guide, our legal team at Better Call Al explains how bariatric surgery malpractice is handled under Massachusetts law, what qualifies as surgical negligence, and how patients can protect themselves and pursue accountability.

When Bariatric Surgery Goes Wrong

Bariatric procedures such as gastric bypass, sleeve gastrectomy, and gastric banding are complex surgeries that require careful planning, precise execution, and diligent follow-up care. When providers cut corners or fail to meet accepted standards, patients can suffer serious harm.

Complications associated with botched bariatric surgery include:

• Internal bleeding or organ perforation
• Infections or sepsis
• Staple line leaks
• Blood clots or pulmonary embolism
• Malnutrition due to improper surgical technique
• Chronic pain or gastrointestinal dysfunction
• The need for revision or corrective surgery

What Is Medical Malpractice?

Under Massachusetts law, medical malpractice occurs when a healthcare provider fails to follow the accepted standard of care and that failure causes injury.

In the context of bariatric surgery, negligence may involve:

• Performing surgery without proper preoperative evaluation
• Operating on an unsuitable candidate for weight loss surgery
• Surgical errors during the procedure itself
• Failure to recognize or treat postoperative complications
• Inadequate monitoring after surgery
• Poor communication of risks or lack of informed consent

Under M.G.L. c. 231 § 60B, most medical malpractice claims in Massachusetts claims must first be reviewed by a medical malpractice tribunal. This panel evaluates whether there is sufficient evidence to proceed. A well-prepared case supported by medical records and professional opinions is essential  at this stage.

Your Rights After Surgery

Patients in Massachusetts have clear legal rights after undergoing surgery. This includes the right to:

• Receive care that meets professional standards
• Be informed of known risks and alternatives
• Access your complete medical records
• Seek a second medical opinion
• Ask questions and receive honest answers
• Hold providers accountable when preventable harm occurs

These rights are especially important after bariatric surgery, where complications can have lasting effects on health and quality of life. If a bariatric surgeon or hospital failed to uphold these responsibilities and that failure led to avoidable injury, you may have grounds for a weight loss surgery lawsuit and the right to seek accountability under Massachusetts law.

What to Do If You Suspect Surgical Negligence

If you believe your injuries were caused by surgical negligence, taking prompt action matters. Your malpractice attorney can help make sure that important steps are being taken.

Seek Immediate Medical Care

Your health comes first. Address complications as soon as possible, even if it means transferring to another provider or facility.

Preserve Medical Records

Your attorney will secure copies of operative reports, hospital charts, discharge instructions, and follow-up notes. These documents often form the backbone of a malpractice claim.

Track How the Injury Has Changed Your Life

Complications from gastric bypass surgery can affect far more than just your physical health. To assist your attorney, you can keep notes about pain, mobility issues, missed work, emotional distress, daily limitations, and share them with your lawyer.

Time Limits for Filing a Claim in Massachusetts

Massachusetts law places strict limits on how long you have to bring a malpractice claim. In most cases, the statute of limitations is three years from the date you knew or reasonably should have known you were harmed

Every case is different and there are exceptions. That’s why we strongly encourage you to speak with a qualified attorney about your claim as soon as possible.

Receiving Compensation After a Botched Bariatric Surgery

These cases are not just about finances. They focus on accountability, patient safety, and helping prevent similar surgical failures from harming others in the Springfield community. A successful weight loss surgery lawsuit can enable injured patients to pursue compensation for the full impact of what they have endured. Depending on the circumstances, this may include:

• Past and future medical expenses
• Costs of corrective or revision surgeries
• Lost income and reduced earning ability
• Physical pain and emotional suffering
• Loss of enjoyment of life
• Home modifications
• Long-term health complications
• When complications alter long-term health expectations, the law allows injured patients to seek damages that reflect lasting consequences, not just immediate medical costs, ensuring the full scope of harm is properly recognized.

Compensation may also account for ongoing treatment needs, permanent physical limitations, and the emotional strain placed on spouses and families. Damages may reflect how complications interfere with daily activities, independence, and long-term health planning.

Bariatric Surgery Errors Must Be Taken Seriously

Patient safety data consistently shows that surgical errors remain a significant concern nationwide, particularly in complex procedures like bariatric surgery.  Massachusetts courts recognize the seriousness of surgical malpractice, which is why claims are carefully reviewed through mechanisms like the medical malpractice tribunal. Strong cases are built on preparation, medical knowledge, and a clear understanding of how the standard of care was breached.

Reasons to Choose Our Firm

Attorney Al Goodman has led on Chapter 258 governmental tort claims and taught at the NITA trial advocacy summer seminar at Harvard Law School. He has also worked as an adjunct professor at Western New England University.

At Better Call Al, medical malpractice cases are handled with rigorous preparation and respect for what injured patients are going through. Bariatric surgery malpractice claims demand careful analysis of medical records, timelines, and surgical decisions.

Better Call Al works to:

• Investigate whether the standard of care was violated
• Identify where and how the surgical process broke down
• Connect injuries to preventable medical errors
• Prepare claims thoroughly from the start

Talk to an Experienced Springfield Medical Malpractice Attorney Today

If you are dealing with serious gastric bypass complications, contact our office right away to speak with a Springfield medical malpractice lawyer. Understanding your rights is the first step toward regaining control of your life.

Call (413) 736-1616 to learn more. We offer free consultations, and there’s no obligation.

Remember: You pay nothing unless we win.