Pulmonary Embolism After Bariatric Surgery: When a Blood Clot Becomes a Malpractice Case in New York

Bariatric surgery can help people achieve significant and lasting weight loss while improving or resolving serious health conditions associated with obesity. Procedures such as gastric bypass and sleeve gastrectomy are performed routinely at hospitals and surgical centers throughout New York. However, like all major surgeries, bariatric procedures carry certain risks, including the possible development of blood clots.

One of the most dangerous complications is a pulmonary embolism (PE), which occurs when a blood clot travels to the lungs and blocks blood flow. A large or untreated pulmonary embolism can cause severe breathing problems, cardiovascular collapse, or even death. While a pulmonary embolism isn’t always caused by medical negligence, if a healthcare provider failed to appropriately assess, monitor, or treat a patient after bariatric surgery, it could be a form of medical negligence.

At the Law Offices of Thomas L. Gallivan, we represent clients across a range of medical negligence claims, including gastric bypass malpractice. We work tirelessly to help our clients get the compensation that they deserve for their injuries. To learn more or to schedule a consultation with a New York medical malpractice lawyer, contact our law firm today.

What Is a Pulmonary Embolism?

A pulmonary embolism is a blood clot that blocks and even stops blood flow to an artery within the lung. These clots typically start in a deep vein in the leg and then travel to the lung. When a blood clot forms in a deep vein in the body, it is referred to as deep vein thrombosis (DVT).

A pulmonary embolism is a medical emergency. Research shows that approximately 1 in 20 people die within 30 days of a PE, while 4 in 20 people die within 6 months. That makes it incredibly important to recognize the risks and symptoms of pulmonary embolisms and to get immediate medical treatment.

Symptoms of a pulmonary embolism can vary, but may include:

• Shortness of breath
• Chest pain
• Fainting
• A cough with or without bloody mucus
• Rapid or irregular heartbeat
• Lightheadedness or dizziness
• Fever
• Excessive sweatiness
• Clammy or discolored skin
• Leg pain and/or swelling

There are several risk factors for developing a pulmonary embolism, all of which involve situations that make it more likely for your blood to clot when it shouldn’t. These risk factors include:

• Major surgery
• A hospital stay, even without surgery
• Blood clotting disorders, such as Factor V Leiden, prothrombin mutations, and antiphospholipid syndrome
• Long periods of sitting without moving your legs
• Pregnancy
• Cancer
• Hormone-based medication, such as hormone replacement therapy and oral contraception
• Certain medical conditions, such as autoimmune diseases, atrial fibrillation, heart disease, and kidney failure

A PE can be incredibly dangerous because it interrupts normal blood flow through your lungs. It can lead to cardiac arrest, a dangerous drop in blood flow to your body (obstructive shock), and lung tissue death (pulmonary infarction). If left untreated, a pulmonary embolism can be fatal. Even with treatment, it can lead to death.

If a doctor suspects a PE based on your risk factors and symptoms, they will run tests. This may include a D-dimer test, which is a blood test to determine if your body is making and breaking down clots. They may also perform imaging tests such as a CT pulmonary angiogram or a VQ scan to determine if there are any clots in your lungs.

If doctors diagnose a pulmonary embolism, they will begin treatment to get rid of the blood clot and prevent a new clot from forming. Possible treatments include:

• Anticoagulants or blood thinners to keep the clot from growing, help your body break down the clot, and reduce the risk of new clots
• Thrombolysis, which is a medication used to dissolve the blood clot
• Embolectomy, which is a procedure to remove a clot
• Inferior vena cava filter, which is an operation where a small device is placed in a large vein in your stomach to catch blood clots before they reach the lungs

Because the potential complications of a pulmonary embolism are so severe, it is vital that physicians properly screen patients for risk factors prior to surgery, monitor symptoms, and intervene appropriately if a PE is diagnosed. If a doctor fails to do so after a bariatric surgery or other procedure, you may have grounds for a medical malpractice lawsuit. Our New York medical negligence lawyers can help you decide how to move forward.

Why Bariatric Surgery Can Increase the Risk of Blood Clots

People who undergo bariatric surgery often have multiple risk factors that increase the risk of venous thromboembolism (VTE), which includes both pulmonary embolism and deep vein thrombosis (DVT).  Deep vein thrombosis occurs when a blood clot forms in a deep vein, usually in the lower leg, thigh, or pelvis. As discussed above, a pulmonary embolism happens when a clot breaks loose and travels to the lungs.

Bariatric surgery can involve several factors that increase the risk of VTE, including:

• The patient’s underlying obesity, which can increase the risk of DVT
• A history of previous blood clots
• Limited mobility
• A lengthy surgical procedure
• The body’s response to surgery
• A prolonged hospital stay
• Underlying medical conditions, such as heart disease, lung disease, or kidney disease
• Dehydration or other postoperative complications
• Reduced mobility after discharge

For this reason, pulmonary embolism is a recognized risk associated with bariatric surgery. Surgeons performing this surgery should be aware of the potential for a patient to develop a PE and take steps to reduce this risk. A failure to do so may constitute medical negligence.

Is a Pulmonary Embolism After Bariatric Surgery Always Medical Malpractice?

A pulmonary embolism can occur after a bariatric surgery even without medical negligence. For example, a patient might develop a PE despite receiving appropriate preventative treatment, being properly monitored, and receiving prompt care when symptoms developed. On the other hand, there are situations where a healthcare professional can be held responsible for a pulmonary embolism after bariatric surgery.

To establish a claim for medical malpractice, an injured patient (plaintiff) will have to show that the at-fault medical provider (defendant) departed from the applicable standard of care. They must also show that this departure caused their injury.

There are several situations where a PE after bariatric surgery might be a form of medical negligence. This includes:

1. Failure to Assess Blood Clot Risk Before Bariatric Surgery: Preventing postoperative complications like a pulmonary embolism begins before the surgery. A bariatric surgery team should consider the patient’s overall medical history and individual risk factors when developing a treatment plan. A failure to identify significant risk factors can become relevant in a medical malpractice case if this omission resulted in an inadequate prevention or monitoring plan.
2. Failure to Provide Appropriate Blood Clot Prevention: Depending on the patient’s circumstances, healthcare providers may use different strategies to reduce the risk of postoperative blood clots. Preventive measures can include things such as medication, mechanical compression devices, or getting the patient moving early. If a provider fails to implement appropriate precautions when they should have done so, that may be the basis for a malpractice claim.
3. Failure to Recognize the Symptoms of a Pulmonary Embolism: One of the most important issues in a potential PE malpractice case is whether healthcare providers recognized warning signs. Pulmonary embolism symptoms can vary considerably depending on the size and location of the clot. After major surgery, some of these symptoms might initially be attributed to normal postoperative discomfort or other medical conditions. If a patient’s symptoms, medical history, vital signs, or other findings should have led a healthcare professional to consider a pulmonary embolism, failing to investigate that possibility may be a form of medical negligence.
4. Failure to Treat a Pulmonary Embolism Appropriately: If a PE is diagnosed after bariatric surgery, there are several medications and procedures that can be used to address the blood clot. If a physician fails to treat the patient or does not start treatment quickly enough, there is a strong potential for serious or even fatal complications. This could be the basis for a medical malpractice claim.
5. Failure to Properly Respond After Discharge: A patient may be discharged before a blood clot develops. That does not necessarily mean that the healthcare team’s responsibility ends when the patient leaves the hospital. Discharge planning may include medications, education about warning signs and circumstances requiring immediate attention, and follow-up care. If a provider fails to take the appropriate steps and respond if a patient develops symptoms of a PE after discharge, it may be medical malpractice.

Any medical malpractice claim can be complicated. The potential for liability also depends on the facts of the case. If you believe that you were a victim of medical malpractice after bariatric surgery or if a loved one died as a result of medical negligence, reach out to our law offices to schedule a free consultation about your potential case.

How Our Law Firm Can Help

A pulmonary embolism following bariatric surgery is not automatically evidence of medical malpractice. Blood clots can occur even when healthcare professionals provide appropriate care. However, when a medical provider fails to identify significant risk factors, overlooks warning signs, delays diagnosis, or fails to provide appropriate treatment, it may be the basis for a medical malpractice lawsuit. 

The Law Offices of Thomas L. Gallivan can help to investigate whether medical negligence may have contributed to a pulmonary embolism or other serious complication following bariatric surgery. If so, we can advocate for your rights and help you get maximum compensation for your injuries. To learn more, call us at 914-220-1086 or fill out our online contact form to schedule a free consultation with a New York medical malpractice attorney.