A friend of mine, 36 year old woman who weighed 423 lbs at 5 feet 1 inch decided to have weight loss surgery. She had 3 kids who were less than 12. She quit driving because she lacked the ability to check for blindspot when changing lanes. She also had big trouble getting up from bed and her 3 children together used to pull her out of bed when she woke up. Her husband abandoned her and found another woman. To get back at her husband, she challenged him she will lose weight and bring him back. Unfortunately she died in the middle of weight loss surgery. The surgeons said her heart arteries were very badly clogged and full of trans-fat, cholesterol and fatty deposits. During the surgery phase her heart could not bear the stress and it stopped beating. Can this be example of medical malpractice? The surgeons said they had warned her of risks associated with such surgery and that she signed paper stating that doctors will not be liable if surgery is not successful. But this is murder still. Isn't it?
sorry, the question appeared in politics section on its own. The family wants to sue the surgeons for malpractice. do they have a case?

Lenin Cat
It isn't murder. She was aware that she could die from the surgery and she died.

Tenchiro
All surgery is dangerous and people die all the time from otherwise routine procedures. Unless you have direct evidence of negligence you don't really have a case. Sorry for your loss though.

sparhawk7322
She basically killed herself. Any surgery has some inherent risk. She ate herself into a grave. She is the one that decided to do this to herself and is the only one responsible for the results.

Huh?
You are going to have to find medical evidence that her doctors did something wrong. If they warned her about the dangers and she accepted them, then they are not at fault. Any surgery, even dental work has risk. A doctor is only at fault if they were negligent.

usualsuspect064
no not at all, the surgeons warned her of the risks yet she still signed the waiver and as a result the surgeons are in no way reliable, it is not there fault that your fried who was greatly obese choose to have the surgery. it is not the doctors fault and you will probably lose money if you choose to take this forward.

Server Error
Weight loss surgery is EXTREMELY dangerous. No one should ever attempt to have this kind of surgery. Weight loss should be accomplished with non-surgical methods like eating healthy (high fiber and fat free food), regular exercise as well as not being on bed all the time. It would take time, maybe several months but weight loss will eventually be accomplished. Instead of weight loss surgery she should have had a heart surgery to get her arteries repaired. That was more important.

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