What are my rights if I had lap band weight loss surgery but the band that was used and placed around my stomach had a defect?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights if I had lap band weight loss surgery but the band that was used and placed around my stomach had a defect?

The doctor whom done the surgery sent the band off for further investigation and it concluded that band was defected. I was told to contact the company that makes the band to seek help with medical expenses.

Asked on March 2, 2015 under Malpractice Law, Louisiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Prior to filing a lawsuit against the manufacturer of the lap band, it may be possible to settle the case with the manufacturer's insurance carrier.

Your claim filed with the manufacturer's insurance carrier should include your medical bills, medical reports, and documentation of wage loss.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

If the case is settled with the manufacturer's insurance carrier, NO lawsuit is filed.

If you are dissatisfied with settlement offers from the lap band manufacturer's insurance carrier, reject the settlement offers and file a lawsuit for negligence and strict liability against the lap band manufacturer.

Negligence is the failure to exercise due care (that degree of care that a reasonable manufacturer would have exercised to produce a product that is not defective).

Strict liability is liability whether or not due care was exercised.

Negligence and strict liability are separate causes of action (claims) in your lawsuit against the lap band manufacturer.

If the case is NOT settled with the lap band manufacturer's insurance carrier, your lawsuit for negligence and strict liability against the lap band manufacturer must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption