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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I had the lap band weight loss surgery in late Feb, do to unknown

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I had the lap band weight loss surgery in late Feb, do to unknown conditions, my body rejected the implanted device and it literally pushed its way out of my body. It was frightening. I had to have another surgery to have it removed. And had a huge hole in my abdomin for months. No-one told me this could happen and I have hears its happened to several other women accross the country. Can I sue the doctor or better yet the manufacturer of the band?

Thank you for your question. You ask whether there is a lawsuit you could file based on the questions above.

This lawsuit would fall under what is called medical malpractice and products liability. The main question that you have to answer is whether or not the doctor was negligent and whether the design of the product should have contained a warning, and if it did have a warning was the doctor required under the practices of the industry to warn you.

Certainly, if you have been able to locate other people to whom this reaction has happened, then this would indicate that it is a known risk and should have been communicated to you. Also, if the rejection of the device was due to a design flaw, then the manager could be liable for that, in addition to its duty to warn of potential hazards of the product.

These kind of lawsuits are expensive because they require the hiring of expert witnesses to provide testimony that the doctor and/or manufacturer were negligent. I encourage you to keep searching for lawyers to take the case. If you are looking for a lawyer to fund the expenses in the case, which will likely be extensive, and to take the case on a contingency fee basis, it will be difficult to locate a lawyer to do it. They will want you to be able to show provable damages (such as extensive unpaid medical bills, disfigurement, permanent impairment, loss of wages and wage earning capacity) that will allow them to recoup what they spend on expenses before they would be interested in taking your case.

Of course, you can always pay the expenses in the case and try to strike a deal with an attorney to either do it on contingency, for a set flat fee, or for an hourly fee.

Please let me know if you need clarification regarding this matter.

Best Regards,
Zachary D. Norris
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