Weight loss surgery and bariatric surgery medical negligence in Victoria

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Weight loss surgery can be life-changing for people living with obesity and related health conditions. But like all major surgery, it carries risks, and it relies on careful assessment, monitoring, and follow-up. When that care falls short, and someone is seriously harmed, an important question can arise: was this an unfortunate complication, or was it medical negligence after weight loss surgery?

Quick answer: A complication after weight loss surgery is not automatically medical negligence. Complications can happen even when the care provided was appropriate. A medical negligence claim generally arises only where a healthcare provider failed to meet an appropriate standard of care, and that failure caused or contributed to a patient’s injury or loss.

This article explains that distinction, the kinds of complications that can occur after gastric bypass and gastric sleeve surgery, and what to consider if you believe your treatment in Victoria may not have met an acceptable standard.

A recent gastric bypass inquest raises important questions about patient safety

A coronial inquest in Queensland into the death of Rosemarie Campbell has highlighted how much appropriate post-operative care can matter.

Ms Campbell, a 62-year-old Gold Coast woman, died at home three days after undergoing gastric bypass surgery in February 2022. She had earlier had a gastric sleeve procedure in 2020 and later underwent the bypass after developing persistent reflux that medication had not relieved. Evidence before the inquest was that she experienced nausea and repeated vomiting after the operation and was discharged from hospital around midday the following day.

The Deputy State Coroner found that Ms Campbell should not have been discharged, because her condition was deteriorating. The coroner found that had she remained in hospital and been appropriately reviewed and investigated, the surgical complications she had developed (a herniation and perforation of her bowel) would likely have been identified and treated and concluded that her death would more likely than not have been avoided. Her death was recorded as resulting from acute bacterial peritonitis and pneumonia following recent gastric bypass surgery.

The inquest was a Queensland matter, and the legal information in this article is about Victoria. But the underlying lesson applies wherever you are treated:

A complication following surgery is not necessarily negligence. But failing to recognise, investigate or appropriately respond to a complication may, depending on the circumstances, amount to medical negligence.

That distinction matters for anyone who has experienced serious complications after weight loss surgery.

Weight loss surgery is becoming more common

Weight loss surgery, also known as bariatric or metabolic surgery, covers a range of procedures designed to help people lose weight and improve health conditions associated with obesity.

Australian hospital data shows a substantial increase over time. The Australian Institute of Health and Welfare (AIHW) recorded about 22,700 hospital separations involving weight loss surgery in 2014–15, more than double the number recorded in 2005–06.

More recent AIHW data shows the continuing scale of obesity-related hospital care. In 2023–24, there were about 27,600 hospitalisations with obesity as the principal diagnosis, and 94% of those involved a procedure for obesity, such as bariatric surgery.

As these procedures become more common, it is worth understanding not only their potential benefits and risks, but also what appropriate care should look like when something goes wrong.

What types of weight loss surgery are available?

Not all bariatric procedures carry the same risks. The type of surgery involved can be important when investigating a potential medical negligence claim.

Gastric bypass surgery

Gastric bypass surgery creates a smaller stomach pouch and connects it to part of the small intestine, changing both how much the stomach can hold and how food is digested.

Potential complications can include:

Bleeding
Leaks from the staple line or surgical joins
Bowel obstruction
Infection
Nutritional and vitamin deficiencies
Other complications requiring further treatment or surgery

Some of these can be serious and require urgent assessment.

Gastric sleeve surgery

Sleeve gastrectomy removes a large portion of the stomach to create a smaller one. healthdirect describes it as the most common type of bariatric surgery in Australia.

Potential complications include:

Bleeding
Leakage from the stomach
Infection
Nutritional and vitamin deficiencies
Other complications requiring further treatment

Revisional or conversion bariatric surgery

Some people need further surgery after an earlier bariatric procedure: a revision, reversal or conversion of an earlier gastric band, bypass or sleeve. This is a recognised part of bariatric care in Australia; Medicare arrangements specifically cover procedures involving revision or conversion of previous bariatric surgery. Ms Campbell’s case is one example, as her gastric bypass followed an earlier sleeve procedure.

A previous operation can make later surgery more complex. Where complications arise after a further procedure, it may be necessary to look closely at the patient’s earlier history, the reason for the additional surgery, the advice given beforehand and the care provided afterwards.

What are the serious complications of weight loss surgery?

Complications are a recognised risk of surgery. Their occurrence alone does not establish that a doctor, surgeon, nurse or hospital was negligent. But serious complications can sometimes be made worse when warning signs are missed, or treatment is delayed.

Bowel obstruction, herniation or perforation

Problems affecting the bowel can be serious and may require urgent investigation and treatment. In the Campbell inquest, a herniation and perforation of the bowel were among the complications the coroner found had developed after surgery.

Anastomotic or staple-line leaks

Leaks can occur around surgical joins or the staple line after some bariatric procedures. A leak may lead to infection, abdominal complications or sepsis, and may require urgent intervention.

Internal bleeding

Bleeding can occur after surgery. Significant bleeding may require investigation, monitoring and, in some cases, further treatment or surgery.

Infection and sepsis

Infection can develop after surgery. If it becomes severe, it can progress to sepsis, which requires urgent medical treatment.

Blood clots

Surgery can increase the risk of venous thromboembolism, including deep vein thrombosis and pulmonary embolism. Australian clinical guidance emphasises assessing and reassessing a patient’s clot risk and providing appropriate discharge planning where ongoing risk exists.

Nutritional deficiencies

Some bariatric procedures affect how the body absorbs nutrients. Gastric bypass patients, for example, generally need ongoing health checks, blood tests and vitamin and mineral supplementation. Failing to appropriately monitor or treat nutritional deficiencies may, depending on the circumstances, raise questions about the adequacy of ongoing care.

When does a weight loss surgery complication become medical negligence?

This is one of the most important distinctions to understand.

A poor outcome does not automatically mean medical negligence. Doctors and hospitals cannot guarantee that surgery will succeed or that complications will never happen.

A medical negligence claim generally requires evidence that the healthcare provider failed to provide an appropriate standard of care, and that this failure caused or materially contributed to the patient’s injury or loss.

Depending on the circumstances, potential issues after weight loss surgery may include:

Failure to properly assess a patient before surgery
Inadequate informed consent about significant risks
Failure to recognise warning signs after surgery
Failure to investigate concerning symptoms
Failure to order appropriate tests or imaging
Delayed diagnosis of a serious complication
Failure to escalate a deteriorating patient’s condition
Premature or inappropriate discharge from hospital
Inadequate post-operative monitoring
Poor communication between healthcare professionals
Inadequate follow-up care
Failure to appropriately treat a known complication

Australian clinical care standards emphasise rapid assessment and escalation where symptoms suggest serious abdominal conditions such as infection, perforation, bleeding or obstruction. That is directly relevant when considering whether a patient’s deterioration was recognised and acted upon.

Could being discharged too early amount to medical negligence?

Discharge from hospital is not, by itself, evidence of negligence. Patients are routinely discharged after surgery when their treating team considers it clinically appropriate.

The question is whether discharge was reasonable in the circumstances of that particular patient at that particular time. That may involve examining:

The patient’s vital signs
The symptoms being reported
Pain, nausea or vomiting
Test results
Clinical observations
Whether the patient was improving or deteriorating
Whether the treating doctor was told of any concerns
Whether appropriate follow-up arrangements were made
What information and warning signs the patient was given before leaving

The Campbell inquest illustrates why these questions matter. The coroner found that Ms Campbell’s worsening condition should have been recognised and that she should not have been discharged. Current Australian safety guidance places importance on individualised discharge planning, communication with ongoing healthcare providers, and clear instructions about what to do if a patient becomes acutely unwell.

What should you do if you have experienced serious complications after weight loss surgery?

If you are worried about complications after surgery, your immediate priority should be obtaining appropriate medical care.

If you have recovered from the complication and believe your treatment may have fallen below an acceptable standard, you may wish to obtain legal advice. It helps to keep copies of:

Your hospital records
Discharge summaries
GP records
Specialist reports
Test and imaging results
Medication records
Correspondence with doctors or hospitals
Records of further surgery or treatment
Records of time away from work
Receipts and other evidence of financial losses

It can also help to write down your own recollection of what happened: when symptoms first appeared, who you spoke to, what you were told and what happened next.

A medical negligence lawyer can then investigate the circumstances and obtain the medical evidence needed to work out whether there may be a viable claim. Time limits for personal injury claims in Victoria apply, so it’s important to seek professional advice early.

Want to understand how medical negligence claims work?

If you are trying to work out whether something that happened during your treatment may amount to negligence, you don’t have to work it out alone.

Download our free Guide to Medical Negligence Claims to learn how these claims work in Victoria, what evidence may be required, and what you can expect from the process.

How can a medical negligence lawyer help?

Medical negligence claims can be complex because they usually require a detailed review of medical records and independent expert medical evidence.

At Henry Carus + Associates, our medical negligence lawyers can investigate whether the care provided was appropriate and whether a failure in that care caused or contributed to your injury. That may involve looking at the actions of surgeons, doctors, nurses, hospitals, anaesthetists or other healthcare professionals.

Every case is different. A serious complication does not automatically mean someone was negligent, which is exactly why independent legal advice is important. If you or someone close to you has suffered serious harm following weight loss surgery, our team can help you understand your options.

We act on a No Win, No Fee basis so you can focus on your health while we take care of the legalities with no financial pressure on you.

Frequently asked questions about weight loss surgery and medical negligence

Can I make a medical negligence claim after gastric bypass surgery?

Potentially. A complication after gastric bypass surgery does not, on its own, establish negligence. A claim may be possible where there is evidence that the standard of care was inadequate and that this caused or contributed to your injury or loss.

Can I claim compensation for complications after gastric sleeve surgery?

Potentially. Gastric sleeve surgery carries recognised risks, including bleeding, leaks and infection. Whether you can make a medical negligence claim depends on the circumstances surrounding the complication and the treatment you received.

Is a surgical complication automatically medical negligence?

No. Complications can occur even when appropriate care has been provided. Medical negligence involves more than an unfortunate outcome; it requires an assessment of the standard of care and whether any failure caused or contributed to the harm suffered.

Can a hospital be negligent for discharging me too early?

Potentially. Discharge decisions depend on the individual circumstances of the patient. If a patient was showing significant signs of deterioration and those signs were not appropriately assessed or acted upon, the circumstances may warrant investigation.

What if my doctor failed to diagnose a complication after weight loss surgery?

A delayed or missed diagnosis may form part of a medical negligence claim if the healthcare provider failed to meet the appropriate standard of care and the delay caused additional harm.

How long do I have to make a medical negligence claim in Victoria?

Time limits apply, and they can be more complicated than they first appear. Under the Limitation of Actions Act 1958 (Vic), an adult generally has three years from the date a claim becomes “discoverable” to start court proceedings. A claim is discoverable once you knew, or ought reasonably to have known, three things: that you were injured, that the injury was caused by the healthcare provider’s act or omission, and that the injury was serious enough to justify bringing a claim.

There is also a “long-stop” limit: in most cases, a claim cannot be brought more than 12 years after the treatment in question, regardless of when the problem was discovered. Different time limits apply to children and people under a legal disability, and a court has discretion to extend time in some circumstances.

Because these rules turn on the facts of your situation, it is important to get advice as early as possible if you believe you may have a claim.

Weight loss surgery can change lives, but patients deserve safe and appropriate care

Weight loss surgery can provide significant health benefits and, for many people, is an important part of managing obesity and related conditions.

But patients undergoing these procedures are entitled to appropriate care before, during and after surgery. The death of Rosemarie Campbell is a tragic reminder of how important it is to recognise deterioration, communicate concerns and investigate potentially serious symptoms, rather than assuming they are simply part of recovery.

If you or a loved one has suffered serious harm following gastric bypass, gastric sleeve or another weight loss procedure, it may be worth seeking independent legal advice about what happened and whether you have grounds for a medical negligence claim.

You Deserve More: you deserve to understand what happened to you, and what options may be available.

Contact the team at Henry Carus + Associates about your medical negligence claim for a confidential discussion.