Considering Malpractice Suit, Lap Band Eroded ....thoughts ?

[brent0517 3]

Ok here's my story and was wondering your thoughts. In 2009 had a 10 cc realize band put it. Worked awesome. Lost 120 pounds. Then on a family vacation a bite of a hot dod got stuck and body tried to throw it up, didn't work spent the next 3 nights in a D.C. Hospital. Long story short I broke my band! But at the time we didn't know that. So a few months went by and I gained weight. Went in for a fill, and felt fine next day could eat like I did pre band. Doctor was clueless, he just keep filling me. Couple more months and zero restriction. I decided to change doctors (my original one had just been kicked out of the hospital for too many law suites or something like that). Told new doctor my story and you could tell he thought I was smoking crack about how much Fluid was in there. So he goes well let's take out the fluid and see where we are. To the tenth of a cc he took out what I said was in there. 40.5 cc's!!! In a 10cc band. New doctor is flabergasted. Calls a meeting in the hall with colleges, call realize band rep, etc. He scheduled me an ultra sound and that's when we discovered the band broke. It straight as an arrow in there. Looked like a pencil in my belly. He takes it and my gallbladder out and tells me he couldn't put it back in dude to the whole in my stomach where the band was super pressurized and made my stomach erode over the band. Next few months where very painful. But now everything is back healthy and I am getting it put back in by the new good doc. I have been fine with all this up to now, but after self pay for the first one at about 30k, and the 15-20k I had to spend for my hospital stay in d.c. I now am thinking about the next one I will have to pay for. Then I realized, I think my old doctor and/or realize band people should help me pay for it!!! By the way the rep for realize band said he had never seen or even heard of a band breaking like that! But he was going to make it up to me by getting my next one free! Whoop! What's that going to save me 12.95$. Ok there u go just wondering your thoughts,??

Also if any one is wondering. I am 6,3 and started off at 345#. The day the hotdog got stuck in Washington I was hovering around 215. Now back up to 295 but after dec 19th I will have my sweet sweet band back!!!

[SageTracey 608]

I'm not a lawyer but it seems to me you say in this post that the band broke as a consequence of you trying to eat something you should not have eaten.

I would be most concerned about the dr who failed to investigate when he was adding so many fills, but I don't think you can blame the band manufacturer.

[cheryl2586 3,053]

I dont think that its a law suit you have to have a lot of hard core evidence to prove malpractice. Their gonna ask you some nasty questions about why didnt you insist he look at it after you were discharged from the hospital. The band dislodge because you did that. He only filled you because you asked him too but I dont see here where you ever went back to him and asked him to look at your band that they will consider your fault. It is very hard to prove malpractice on a doctor. Other than fill you I dont see what he did wrong.

[Melinda Hohenberger 1]

Personally, I would not go there. I do not see any evidence of malpractice. As much as you may hate to admit it, you should not have eaten that hot dog, especially with any bread. I do see a large medical error pertaining to the last fill the first doctor gave you but you have to prove that it was intentional. Malpractice is very, very hard to prove. I am involved in a suit pertaining to my mother's death. It is terribly stressful, can put wedges between family members and they take forever to resolve. I hope that the doctor and hospital involved will admit fault but I do not expect any monies from it. It has been ugly. Also, most attorneys get around 40% of any settlement. My personal case has gone on for close to two years and is currently sitting on an attorney's desk losing money daily.

[whitetiger011680 11]

First of all, shame on all of you for acting like it's his fault. There is not a thing wrong with eating a hot dog with out the bun or even a tiny piece of the bun and no where in his statement did he say if the bun was included. That doctor and the hospital both should have done an ultrasound, x-ray or floroscopy to check on the band. This guy is not a doctor. He told his doctor what was going on and having no restriction and the man STILL put Fluid in without checking to see how much was already in there. That to me seems careless. My doctor always pulls out whats there before giving my anymore to make sure I have no leaks.

I say yes. Go for it. Make them pay for your new band and the hospital bill you incurred.

[cheryl2586 3,053]

Well first of all shame on us for what giving our opinions who said it was his fault. We are not children and are old enough to give an opinion because after all isnt that why people ask questions on here to get others opinions and secondly I think everyone's intent is to show that it is hard to prove mal practice in every way and it can be a very emotional process.

[brent0517 3]

Thanks for the post. Yes it was just the wiener part of the hot dog. Thought I was taking small bites chewing well, but I am not perfect, sometimes food gets stuck. Anyway, I don't care too much about the money. I just think it was their fault and would like to have them pay to replace my band. Also, if I didn't make it clear. On the www.FDA.gov website under The document talking about the US approval, there is a section called safety. I will quote it word for word...."NEVER Fill the band with more than 9ml of saline. Filling with greater than 9ml of saline may result in....band erosion". I was under flouro for all my fills. He emptied the band then proceeded to put 4 consecutive 10ml syringes in. So, I am pretty sure it was intentional, I don't see how u "accidentally" put 40ml in when you have to empty and draw 10 more ml out of the saline bag, and do it 4 times. I must of drank a gallon of berrium that day, and every time I drank it it went str. Down, ZERO restriction. Finally when he started drawing out the 5th syringe. I knew I was done with him. Told him that was good and I will just go on my way. Left there and made an appointment with a different doctor. I know I am just a fireman but even with my limited EMT medical know how, I knew that wasn't right. I guess I will meet with an attorney and see if they will take as a contingency case so no out of pocket expense for me. If something comes of it, good if not at least I let em know that total disregard for the limits placed by the FDA and the manufactor will not be tolerated.

[Melinda Hohenberger 1]

First of all, I apologize to any I offended. The poster asked our opinion and I gave mine. I support him which ever direction he/she decides to pursue. I will agree that his case is unusual. I was not slamming him as a person or anyone else for that matter. I wish him well as I do you, whitetiger. It still is a free country. I was just stating my opinion based on what I read.. I do not wish for there to be any discord on the forum because of something I wrote.

Melina

[brent0517 3]

Oh Melina,

Your funny. You have nothing to apologize for! Your exactly right that is why I came on here to get some opinions from people who have been through what we have been through. And let's face it, as much research as we all did prior to our surgeries, we are all mni-experts!!! Anyway, no worries!

[Dulci 108]

Malpractice laws vary greatly by state. Most malpractice attorneys take cases on a contingency basis. If I were in your situation, I would obtain a complete copy of my medical record from your original surgeon and a copy of the records from current doctor. After I had them, I would scan them to a CD and starting calling med mal attorneys.

If an attorney thinks that your case has any value, they will review your medical records or have them reviewed by a doctor or nurse. Having the records in your hands can save you a lot of time, waiting and frustration.

[chevy4x4man72 3]

My opinion the licensed Doctor should also know the amount of CC's that band should hold. When filling he should never have filled it up that far. It was either leaking not inplace correctly should have been first to his mind since he is the professional. If this is the route you want or feel you need to take just go talk to a lawyer, listen to what the details are. The 1st doctor may be broke as hell and not even practicing medicine anywhere so do some research first. Good luck.

[NYdad 21]

I ate a hotdog for dinner tonight. After having this band for over a year I'm ok with it. Eat a hot dog if you want one for crying out loud. You mean thats more dense than chicken? Healthy choice? no...gonna hurt your band? I say absolutely not.

[screeden 21]

I personally believe you have a right to sue the crap out of this guy. the makers of realize band, not sure about that, even though the rep did say they had never had that happen. i think you have a case. i would get all your stuff together and meet with some malpractice attorney's. i hope everything works out for you this time around.

[Lost Soul 0]

In April 2008 I had LapBand surgery I lost around 52 lb.sI had weighted 235 lbs. and went every month for a fill never missed a month I had it empty a couple of times one was to full and another time I went to the hospital because I was sick with it I've had the throat thing were you drink stuff and they look at your stomach IHad nothing but trouble with the band so in 2013 I ask my Dr. if I could have the gastric pypass (my insurance would pay) he said yes so when I went in to have the lapband removed it had reroided in my stomach he said he got it all but two days after I came home I was back in ER and was amiddet in the hospital I was inICU on Life Support for 18 days then to a regular room I was in the hospital a month I had infection they said MRS but no where in my papers said that I'm still having problems with it I talk to several attornys and they said I couldn't prove it came from the hospital and nothing in my records says MRS so what do you think you know a good attorney that could help me

Thank You

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