Why Choose Us Over Other Botched Bariatric Bypass Surgery Attorneys in Western Massachusetts

Bariatric malpractice claims involve technical medical issues, but we know how to win these cases. When your life has been turned upside down by a surgical mistake, experience matters, and so does heart. That’s why Better Call Al is the law firm so many people in Springfield and Western Massachusetts trust to take on hospitals and insurance companies.

Here’s what sets us apart:

  • Decades of experience handling catastrophic injury and medical malpractice cases.
  • Record-setting settlements and verdicts across Western Massachusetts.
  • Personalized legal strategies for every client, — not cookie-cutter representation.
  • Access to top medical experts specializing in bariatric and gastrointestinal surgery.
  • Aggressive negotiation and litigation — we don’t back down from hospitals or insurers.
  • Compassionate client service — you’ll always speak directly to your attorney.
  • No fees unless we win — your recovery comes first.

Botched Weight-Loss Surgery?

Call Better Call Al. You may have a valid malpractice case: (413) 736-1616.

Why You Should See a Springfield Medical Malpractice Lawyer Right Away

The clock is ticking the moment you suspect malpractice. In Massachusetts, medical malpractice cases are subject to strict time limits and procedural hurdles. The sooner you speak with an experienced Springfield bariatric malpractice attorney, the better your chances of success.

Here’s why time is critical:

  1. Preserving evidence — Hospital records, surgical notes, and imaging results can be altered or lost. We secure them immediately.
  2. Expert review — Malpractice claims require testimony from qualified medical experts, and scheduling reviews takes time.
  3. Meeting deadlines — Waiting too long could mean missing your chance to file before the statute of limitations expires.
  4. Protecting your rights — Insurance companies and hospitals may try to shift blame or push you into quick settlements. Don’t give them the upper hand.

Do You Have a Legitimate Botched Bariatric Bypass Surgery Case?

Not every surgical complication is malpractice. But if your injuries were caused by negligence, you could have a strong claim. To prove medical malpractice in Massachusetts, your attorney must show:

  1. A doctor-patient relationship existed.
  2. The surgeon breached the standard of care. That means they did not provide the level of case that a competent surgeon would have.
  3. You suffered injury or harm as a direct result of that breach.
  4. You incurred measurable damages, such as medical bills, lost income, or pain and suffering.

What Is Botched Bariatric Bypass Surgery?

A botched bariatric bypass surgery occurs when the procedure goes wrong due to negligence, poor surgical technique, or lack of postoperative monitoring.

Common errors include:

  • Misidentifying anatomical structures during surgery.
  • Failing to close or staple properly, causing internal leaks.
  • Leaving surgical instruments or sponges inside the body.
  • Performing the wrong type of procedure.
  • Failing to diagnose or treat complications early.

What’s the Legal Process for a Medical Malpractice Claim?

Medical malpractice lawsuits follow a specific, structured process in Massachusetts.

Free Consultation

We start by listening to your story. You’ll explain what happened before, during, and after your surgery. We’ll evaluate whether malpractice may have occurred.

Investigation and Record Review

Our legal and medical experts review your hospital and surgical records to determine where the errors happened. We also interview witnesses and consult bariatric specialists.

Expert Medical Opinion

Massachusetts law requires a qualified medical expert to certify that your claim has merit. We handle this crucial step to ensure your case is legally sound.

Filing the Lawsuit

Once the expert opinion is secured, we file the complaint in the appropriate court, which is usually the Superior Court of Massachusetts.

Discovery Phase

Both sides exchange evidence, including deposition testimony, surgical notes, and expert reports. This is often where the case’s strength becomes clear.

Settlement Negotiations

Many hospitals prefer to settle out of court. We negotiate aggressively to secure maximum compensation.

Trial

If a fair settlement isn’t offered, we take your case to trial and present it to a jury by providing compelling medical evidence and expert testimony to support your claim.

What Is the Statute of Limitations in Massachusetts?

In Massachusetts, the statute of limitations for medical malpractice cases is generally three years from the date you knew or should have known that malpractice occurred.

However, exceptions exist:

  • Discovery Rule: If you didn’t realize the injury was caused by malpractice right away, the clock starts when you reasonably should have discovered it.
  • Minor Patients: For children under six, parents typically have until the child’s ninth birthday to file.
  • Statute of Repose: No case can be filed more than seven years after the negligent act, regardless of discovery, except in cases involving foreign objects left inside the body.

Was Your Bariatric Surgeon Negligent?

We’ll find out what really happened. Schedule your free consultation to learn more today: (413) 736-1616

Types of Compensation Available

Victims of botched bariatric bypass surgery may be entitled to several types of damages, including:

Economic Damages

  • Medical bills (past, current, and future)
  • Rehabilitation and therapy costs
  • Lost wages and future earning capacity
  • Medication and in-home care

Non-Economic Damages

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Disfigurement or disability

Punitive Damages

In cases involving gross negligence or reckless disregard for patient safety, punitive damages may be awarded to punish the defendant and deter similar conduct.

Complications Caused by Botched Bariatric Bypass Surgery

Surgical errors and negligence can cause a cascade of health problems, some appearing immediately, others months or years later.

Nutritional Deficiencies

Bariatric patients rely on careful follow-up and nutritional guidance. When doctors fail to monitor vitamin levels or warn about deficiencies, severe conditions like anemia or osteoporosis can develop.

Hernias

Improper closure of surgical incisions or internal defects can cause hernias, leading to pain, obstruction, and the need for corrective surgery.

Ulcers

When a surgeon damages tissue or uses improper techniques, ulcers can form along the stomach or intestines, causing bleeding and chronic discomfort.

Gallstones

Rapid weight loss after surgery can trigger gallstones. Negligent surgeons or doctors who fail to monitor for them may be liable if gallstones lead to complications.

Leak and Sepsis

One of the most catastrophic complications. If staple lines or sutures fail, digestive fluids leak into the abdomen, causing peritonitis and sepsis. Immediate surgery may be needed to save the patient’s life.

Medical Devices Left Behind

Leaving a sponge, instrument, or gauze inside a patient is inexcusable negligence. This can cause infection, internal injury, and even death.

Bowel Obstruction

Scarring, adhesions, or surgical missteps can block the intestines, leading to severe pain, vomiting, and emergency surgery.

Intestinal Bleeding

When blood vessels are nicked or cauterized improperly, internal bleeding can occur.

Digestive Problems

Chronic diarrhea, vomiting, or acid reflux may indicate structural errors or nerve damage from surgery.

Sleeve Stricture

A narrowing of the gastric sleeve or bypass outlet can cause food intolerance and malnutrition. If caused by surgical error, this may justify a malpractice claim.

Low Blood Sugar

Improper monitoring or surgical technique can cause hypoglycemia, especially when the patient’s digestive function is altered too severely.

Diarrhea, Nausea, and Vomiting

These are common warning signs of a poorly executed procedure or post-surgical complications that were ignored or mistreated.

Wernicke’s Encephalopathy (WE)

Wernicke’s Encephalopathy is a neurological condition caused by thiamine deficiency, often due to poor postoperative care or failure to monitor nutrition. It can lead to confusion, vision problems, and memory loss.

Memory Loss

In some cases, nutrient deficiencies or infections after botched surgery can cause lasting cognitive issues, including memory impairment.

What Clients Are Saying About Us

He listens and cares about his clients - Kiley Perrone

Having Al working on my case has been an absolute pleasure! He is always willing to educate, advise, and clarify the process, and is available via text or email through all hours of the day. His hard work earned me a settlement big enough to buy my first home! And he listens and cares about his clients. I have nothing but good things to say about my experience with Al while going through a very stressful and painful time. If you're ever injured, better call Al!

He cares for your well-being just as much as solving your case - Willie Lopez

Al was recommended by a family member and it was a great choice. He didn’t treat it as a job he had to do, he shows he cares for your well-being just as much as solving your case. He would check up on me making sure my mental health and physical health were well. He did a great job as an attorney and as a person.

Case Results

Victim and Family Receive $7,000,000 After Botched Bariatric Surgery.

Attorney Goodman acted as advisor and strategy consultant and counselor in a case against a hospital and surgeon who botched a banding surgery by reconnecting her lower intestine upside down, causing bile to flow up and out her mouth.

Al Goodman worked with expert physicians and the subsequent treating surgeon to develop graphic illustrations, charts and a video showing the right and wrong ways to perform such a procedure. Pivotal in achieving a major multi-million settlement at mediation was the showing of a “Day in the Life” video that depicted the difficulties the victim encountered in trying to conduct her activities of daily living.

The victim’s husband and three minor children were also named as plaintiffs. They recovered significant loss of consortium claims in the eventual settlement.

Speak With an Experienced Botched Bariatric Surgery Lawyer in Western Massachusetts

If your bariatric bypass surgery went wrong, you have the power to do something about it. The law protects patients from medical negligence, but it’s up to you to act before it’s too late.

At Better Call Al, we’ll fight for the compensation you need to rebuild your life. Our firm has earned a solid reputation for integrity, skill, and relentless pursuit of justice in catastrophic injury medical malpractice cases.

Call a Springfield medical malpractice lawyer at (413) 736-1616 for a free consultation.

You focus on recovery. We’ll handle the rest.

Frequently Asked Questions

What qualifies as a botched bariatric bypass surgery?

A bariatric bypass surgery is considered botched if the surgeon or medical team made a preventable error that led to serious injury, infection, or permanent harm, such as misconnecting the intestine, causing internal leakage, or failing to monitor post-op complications.

How do I know if my complications are due to malpractice?

Complications like sepsis, intestinal leaks, retained surgical instruments, or improperly reconnected anatomy often point to negligence. A legal review of your surgical records and medical history can determine if malpractice occurred.

What are common injuries caused by botched bariatric surgery?

Serious complications include sepsis, organ damage, bowel obstruction, severe nutritional deficiencies, Wernicke’s Encephalopathy, memory loss, chronic vomiting, and permanent digestive issues.

Can I sue if my surgeon didn’t explain the risks?

Yes. If you were not properly informed of the risks or potential complications before your surgery, that may be grounds for a claim under failure to obtain informed consent.

How long do I have to file a lawsuit in Massachusetts?

You generally have three years from the date of the surgery or when you discovered the harm. However, it's best to consult a Springfield bariatric malpractice lawyer immediately to preserve evidence and avoid missing deadlines.

What if I had revision surgery to fix the mistake? Can I still sue?

Yes. Even if you had a second surgery to correct the issue, you may still have a valid claim for the harm caused, the pain you endured, and the costs of additional treatment.

What compensation can I receive for a botched bariatric bypass?

You may be entitled to damages for medical expenses, lost wages, revision surgeries, pain and suffering, emotional trauma, and long-term disability or impairment.

Can I file a claim against both the surgeon and the hospital?

Yes. If both the surgeon and the facility were negligent—through poor surgical technique, staffing failures, or inadequate post-op care—they may share legal responsibility for your injury.

Will my case go to trial?

Not necessarily. Many cases settle through negotiation or mediation. However, Better Call Al prepares every case as if it’s going to trial to ensure the strongest possible position.

Meet Our Springfield MA Medical Malpractice Attorney

Al Goodman

Al Goodman is the founding attorney of Better Call Al, a law firm devoted to helping individuals and families in Western Massachusetts manage the aftermath of medical malpractice, catastrophic injury, and surgical error.

Al’s practice focuses on holding hospitals, doctors, and healthcare providers accountable when their negligence causes serious harm. He has successfully represented clients in cases involving botched bariatric surgeries, birth injuries, misdiagnosis, emergency room mistakes, and nursing home neglect, securing millions in verdicts and settlements.

Additional Information

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