Why I'm considering a lawsuit...

[scottyd 0]

Unbelievable!!!!

[steelergirl 0]

unbelievable!!!!

ditto!!!!!!!!!!!!!!

[TinaM 0]

well... you certainly wouldn't win any lawsuit as it in reality is your fault this isn't working. Sounds like you didn't put in the time to do research before hand. Most of us on this website understand the band isn't a cure all, it is a tool that requires maintanence and need you to hold up your end of the bargain.

I agree its major surgery and having major surgery requires you know the risks, rewards, get a second opinion and do some research. Sounds like you were in awe of some commercial and thought you would wake up skinny.

I agree with the others here that you must get back on track with your eating and exercising and save money for a fill.

Good luck in your journey - there are many people that have been very successful with the band I hope you can become one of them.

[voodoo 0]

What I don't get, is that you make it sound like

you walked into the doctor's office and said,

"I'll have one LAP-BAND®, please."

And then they just wheeled you into surgery

a few minutes later.

I'm self pay and my doctor saw me a couple of times,

talked to me about everything.

If I said I knew about whatever topic we were on,

he would stop and make me tell him what I thought I knew.

I nailed it of course, because of this site.

Then I was REQUIRED to go to what they called

"Teaching Day" where they spent FIVE hours

going through A to Z about this Band,

my part in it, how my body was going to react.

They even had a pastor come in and

talk to me for a spiritual portion -

how the band will change you emotionally, etc.

They were thorough. I did not go into that surgery

clueless as to what I was doing to myself.

Why wouldn't you do any research before a major surgery?

Why would you pay for a surgery you "KNOW" won't work?

Why would you come here,

see all the success stories (like hundreds!)

and assume you'd be the lone "failure"?

Were you hoping that it would fail so that

you could sue and makes lots of money?

Apparently you didn't do much research there either.

Did you take the MMPI?

I'm thinking this would have shown up.

I'm feeling very little sympathy for you right now.

Sorry.

Stay on the board for a few hours and

read about all the physical and mental misery

we folks go through to meet our weight loss goals.

MOST of us are trudging through the unknown

and it can be unpleasant. But like I told my doctor,

"Don't worry, I'm not gonna miss pizza.

What I miss is size six."

(Uh, no. I miss pizza! OMG!)

Sounds like you are afraid to be thin.

Perhaps it's a foreign place for you and

you don't know how to handle it.

1. Read the boards.

2. Get a fill

3. Talk with a therapist about your fears.

Fears are powerful. Don't underestimate that.

[BetsyB 9]

I'm sorry you haven't had a good experience, but a lawsuit isn't apt to achieve anything for you other than to rack up legal bills and make you feel stupid for not doing homework pre-op.

I'm not calling you stupid--I am telling you that opposing counsel, if you are able to even find representation and the case even gets off the ground, WILL do its best to make you (and a judge and jury) fully aware that you were ill-prepared for the surgery and had unrealistic expectations.

Should your surgeon have informed you fully? Certainly. But as both an RN and a patient, I can tell you that patients (myself included) do not always hear the stuff we don't want to hear.

What did you do to educate yourself about the procedure and what would be required of you?

What are you doing NOW to ensure your success? In light of the difficulties you've had, what changes have you made?

Do you REALLY think it's your bariatric surgeon's (or the manufacturer of the device's) fault that you've encountered difficulties?

[JoJo1 0]

I knew this wasn't going to work on me. I even joked to my sister - one of the few people I have even told about this thank God - that I would be the one anomaly that this wouldn't work on.

You are a clear example of people living their belief system. You clearly don't believe it will work and wollah!! Guess what!!! It doesn't work. Try changing this belief and see the miracles it can bring into your life!!! It isn't as hard as it sounds. Everytime this belief pops into your head, replace it with "I can do this" Simple as that. Hugs!!!

[steelergirl 0]

What I don't get, is that you make it sound like

you walked into the doctor's office and said,

"I'll have one LAP-BAND®®, please."

And then they just wheeled you into surgery

a few minutes later.

I'm self pay and my doctor saw me a couple of times,

talked to me about everything.

If I said I knew about whatever topic we were on,

he would stop and make me tell him what I thought I knew.

I nailed it of course, because of this site.

Then I was REQUIRED to go to what they called

"Teaching Day" where they spent FIVE hours

going through A to Z about this Band,

my part in it, how my body was going to react.

They even had a pastor come in and

talk to me for a spiritual portion -

how the band will change you emotionally, etc.

They were thorough. I did not go into that surgery

clueless as to what I was doing to myself.

Why wouldn't you do any research before a major surgery?

Why would you pay for a surgery you "KNOW" won't work?

Why would you come here,

see all the success stories (like hundreds!)

and assume you'd be the lone "failure"?

Were you hoping that it would fail so that

you could sue and makes lots of money?

Apparently you didn't do much research there either.

Did you take the MMPI?

I'm thinking this would have shown up.

I'm feeling very little sympathy for you right now.

Sorry.

Stay on the board for a few hours and

read about all the physical and mental misery

we folks go through to meet our weight loss goals.

MOST of us are trudging through the unknown

and it can be unpleasant. But like I told my doctor,

"Don't worry, I'm not gonna miss pizza.

What I miss is size six."

(Uh, no. I miss pizza! OMG!)

Sounds like you are afraid to be thin.

Perhaps it's a foreign place for you and

you don't know how to handle it.

1. Read the boards.

2. Get a fill

3. Talk with a therapist about your fears.

Fears are powerful. Don't underestimate that.

I absolutely loved your post! It sums up all the frustration, hard work and accountability that others don't realize we as "band recipients" are responsible for. Beautifully written! BRAVO BRAVO!

[xavier 153]

I am truly sorry you are struggling...please get the fills you need for this band to work. Dont waste your money on special food and diets...we have ALL done that before and ultimately GAINED weight from it! Please give your band another chance even if you have to beg, borrow, steal, or just charge the cost of those fills!

PS The only way you can win a medical lawsuit is if the doc didnt follow what is called 'the standard of care'. So I agree with the above posters that it would not be a good use of your energies...good luck...

[heidi05 6]

I knew this wasn't going to work on me. I even joked to my sister - one of the few people I have even told about this thank God - that I would be the one anomaly that this wouldn't work on.

You are a clear example of people living their belief system. You clearly don't believe it will work and wollah!! Guess what!!! It doesn't work. Try changing this belief and see the miracles it can bring into your life!!! It isn't as hard as it sounds. Everytime this belief pops into your head, replace it with "I can do this" Simple as that. Hugs!!!

i have had the band for 10 weeks now and yes i have to work really hard, at the time of my surgery i was a wheelchair user and told because of that my chances of failure was higher because i was vertually unable to excerise, but 10 weeks later and only one fill al be it 5ml ina 10ml band i have lost weight by sure determination and sweat and pain. i am now 47lb lighter and not using my wheelchair at all in actual fact i start work tomorrow for the first time in years, because i got off my butt and thought very positively about my future and the band. i have an 18 year daughter who doesnt beleive she can make anything of her self, she decided to go in to the army again thinking that she couldnt pass the tests she had to go through i sat her infront of a mirror 5 times aday and made her tell herself not me or her dad "I CAN DO THIS" it took months to get her to do this but eventually she said it and kept saying, she went for her tests and passed her fitness was really dreadful, she started training with me and her dad pushing her she passed selection and i s now waiting for her enlistment date.

i think you need to take your head out of the clouds and save up for the fills ok so $50 a month 5 months you got your fill money and you need to take a long hard look in a mirror at yourself, you had the op for a reason you didnt like what you saw in the mirror just like me. so what are you wainting for start telling yourself and get the people you love around you telling you "YOU CAN DO THIS" being able to or not able to is all in the mind and the mind is a very powerful tool good or bad to making you choose your choices in life and by retraining your mind you re train your thoughts too.

i wish you every happiness and hope you can kick start you band life again soon

flo xxx god bless

[curiousinoh 0]

1)Im five weeks post op and have lost 12 pounds.

2)You did not supply any information as to what you are eating/when/how much. How can we comment when we have no idea what you are eating. The band does nothing until you have restriction so you can't sue when you haven't put the band to work yet.

3)Have you ever looked at what 1.5 ccs is? Is nothing. I have had two fills. I am at 5ccs and still have no restriction.

4) Every form you signed stated that there is no guarantee of weight loss

5) A lawsuit would cost much more than a fill. Sounds like your dr. uses fills as a means of revenue if they are giving such small amounts. Tell him for that amount of money you want at least four or five ccs on your next fill or find someone else.

Good luck.

[dontgoggilme 0]

i haven't been banded yet, but the first thing my doc told me about when i went in was about failure rates. he said that most of the folks that find the band isn't working for them are those who don't come back for their fills like they are supposed to. they stressed and stressed to me how important and vital it is for a person to get their fills and continue the follow up care. the band is a tool and that includes the dr and nurse who give you the fills to get your restriction. i would never get a surgery and then not go back for routine follow up care which is essentially what happens when someone gets a band and never goes back for fills.

[michelelavell 0]

First I want to say that I am so sorry that you feel you've not had a good experience with your band. Second, I want to say that I am pre-op scheduled for the 17th of this month. Third, I want to say that THIS FORUM has been an AWESOME resource for information, support, stories, inspirations, and has only fueled my anticipation of joining the MANY people who have success stories here.

I don't understand how anyone could read the posts on this site and then say they wish they would have read here first or they would have never gotten the band. To me, that makes no sense. I'm not trying to make light of your situation, but I just can't see that.

To me, a successful surgery is one I wake up from and with little or no complications. THE REST IS UP TO ME!!!!

Only having one fill since having the band put in isn't following what most doctors advise.

You have to be completely honest with yourself (I'm just saying in general, not YOU specifically) about your eating, exercise, and following the program as it should be.

WLS is not a magic bullet or bean or anything other than a tool to assist you in losing weight. If it's not working, then maybe you aren't working it like you should. Kind of like an alcoholic can quote the 12 steps all they like, but if they don't work the program or actually TAKE the steps... its meaningless.

If I were to be completely honest, I would say how much it bothers me that we live in an overly litigious society and people think that they can cure all their woes by suing other people, but I don't want people to think me inappropriate. If I were to continue to be completely honest, I would say that if I were to sue my surgeon for me not losing weight when I haven't been following his/her instructions as well as the dieticians would be as silly as me suing Taco Bell for being fat!

I think, being the honest person that I am, I would maybe look in the mirror to find the person to blame for my lack of success after being given all the tools I needed to be successful.

But... that's just me.

Best of luck to you anyway.

[HappyHomeCC 2]

Based on your post above, you may even be suffering from depression. Most of us have had it at one time or another, and for me, it does lead to weight gain. Perhaps talk to your doc about the possibility....

Good luck, if you can improve your outlook on life, your weight loss will continue.

Not to be rude, but spend the money on the adjustments, get commited to the "program" . Have blood work done to check all your vit/mineral levels, thyroid, Take some B vit that helps with lifes outlook, if you need to take something for depression.. talk to your dr. I dont know you so It is hard to say what is going on for you.

Be honest with yourself and your choices. It can be tough but it can get to the root of most our problems. Find a buddy you can work with and that will kick your butt. Very helpful I have found!

If all else fails..... SUE MCDONALDS, or the fast food industry. You will have a better chance winning that one if you know what I mean. Heck sue your momma for the early food education. but honestly I don't think you have a leg to stand on suing the surgeon, he/she did nothing wrong.

[xavier 153]

some one once said..."whether you think you can or you can't, you're right."

[Mangofish 1]

If you look at the person who posted this and their other comment (2 comments total) it sounds like they like to snack and didn't mention anything about exercising. To lose weight your ass needs to exercise!! Oh and quit snacking if you are. People on this board would love to support you on you weight loss journey but you have to so your part.

Oh and she also said she wasn't serious about the lawsuit. I think deep down she knows what she has to do: take responsibility.

Edited February 7, 2010 by Mangofish