Re-imbursement For Corrective Lap Band Surgery

[LauraLA 0]

I just got back from Mexico having to get a port replacement. Apparently the tubing between my port and connector had needle pricks in it causing the Fluid to leak out.

I was within 20 lbs of goal and off nearly all my diabetes medication. I got sick and in order to take the medication I had to have the band emptied. Then the nightmare began. After 5 attempts with one doctor going in by 'feel' I finally went to another dr who used a flouroscope and found that my band was still empty. After a few times the second dr. put a thicker fluid in the port and found the leak.

Now I am out $3200 for surgery, all the useless fills and transportation and lodging to Mexico to get things fixed. My diabetes is back with a fury and worse than ever (now on insulin) and diabetic kidney disease is back due to the contined weight gain as I went a total of 10 times over 8 months to get fills.

Does anyone have any experience in how to make claims. I have the medical records, the damaged port and floroscopies. Would not like to have a big expensive lawsuit process if not necessary.

Thanks in advance for any insight.

[xavier 153]

Since your issues are not impairing your health but rather just not helping you to lose weight (which can be done without lap band, of course) you have no grounds for a lawsuit or for coverage of medical costs. Also there seems to be no evidence that any mistake was made so that also excludes the possibility of compensation.

Sorry, our health care systems sucks and cares not at all about you or your weight related health issues...

I really do feel for you but I did self pay 15K for my band and I still think it was money well spent.

[LauraLA 0]

Not impairing health? Well, I guess I did not share the whole story. My health is worse since gaining most of the last two years weight loss back. Where I was off of most diabetes medications, now I am on insulin and my kidneys are damaged and have diabetes kidney disease. My band was functioning perfectly until the doctor damaged it, so I beg to differ that I do not have any 'damages', but thank you for your input.

[LauraLA 0]

Oh. and the leak was caused by hypodermic needle pricks, causing the lap band to fail.

If going on diets and following diet and exercise plans worked, I would not have needed surgery in the first place too.

[HayFarmer 0]

I am sorry for all the problems your having. Do you think this could have been pervented if you had the surgery in the states. I was just wondering because i have heard of allot of problems coming from there. I hope everything works out for you.

[Lollicatt 36]

I wouldn't think that you could sue a doc in Mexico since we have, no, jurisdiction there. Well maybe you could but it probably wouldnt be worth it.

[Cocoabean 430]

Your best bet would be to consult a lawyer. It might be very costly to try to recoup the money. You might also find that hitting the tubing during fills is a possible complication for which there is no recourse. (that is a guess on my part...but am betting it is in the fine print somewhere)

In California, that amount is under the small claims limit. You could go that route, perhaps. But you can bet the physician in question has malpractice insurance, and that company has lawyers on retainer. If you go to small claims, you have to represent yourself.

[MelindaH 3]

As far as the competency of Mexico surgeons, I would disagree that the surgeon is any less competent than surgeons in the states. My cousin had a RNY in Monterey and I have a friend that had her band in Tijuana. And both had very positive experience and have kept their weight off.

As far as your questions about justice for your problems, I honestly don't know but like was suggested, talk with a lawyer here in the states.

I am so sorry and sincerely wish you the best,

Merry Christmas,

Melinda

[LauraLA 0]

Thank you all for the comments.

First; It was ther american doctor doing the fills that damaged my lap band and he needs to pay for the repair

Second. Needle pricks are a risk, but that is the risk of the practioner, not the patients

Third, my doctor in mexico is fabulous. he fixed me for a reasonable price and the only problem with going down besides the distance is the gauntlet through the border with the mexican cartel.

And yes first I will make a claim after I get the evidence and then follow up with a lawyer.

Merry Christmas to all.