Hospital Negligence Results in Death After Elective Surgery

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A 54-year-old husband and father of two went to an Eastern Kentucky hospital for elective gastric band surgery. During the surgery, the surgeon accidentally clipped an artery and the man suffered a massive bleed. His spleen had to be removed immediately. After that, the surgical team went ahead with the gastric band even though it was an elective procedure that could have—and according to our experts should have—been delayed because of the emergency situation.

Post-surgery, the patient showed signs of bleeding and sepsis that were not appropriately addressed by his doctors and nurses. After two days in the hospital he was discharged—he died at home.

Our experts found that:

  • The patient’s gastric band surgery should have been delayed after his artery was clipped, he suffered a bleed, and his spleen was removed.
  • He should not have been discharged from the hospital with symptoms of a continued bleed and a sepsis infection.


There is often a prejudice against people who are injured during an elective procedure. There is a feeling in the medical community that these patients knew what they were getting into and assumed the risk. We overcame this prejudice. Hospitals often encourage these types of elective surgeries and are still required to provide the same standard of care as they do in other types of procedures.

In the end we reached a $2.5 million settlement in this medical malpractice hospital negligence case. That money will help the patient’s family with the financial and non-economic costs of losing their husband and father.

Kentucky patients should not have to die because a doctor, nurse, or hospital was negligent. If you have lost a loved one, then you likely have a lot of questions about what to do next. Please know that you are not alone. We encourage you to read our free articles such as “Understanding Surgical Errors” and “How to Know if Medical Malpractice Caused a Loved One’s Death.” We also encourage you to read our free report “Critical Information to Know Before Filing a Wrongful Death Lawsuit in Kentucky” and to contact us directly if you are ready to start your road to recovery.