Surgeon ordered to pay $311,500 for failed gastric bypass care
A surgeon was ordered to pay $311,500 after a court found she failed to diagnose a patient or explain her treatment options.
A bariatric surgeon was ordered to pay $311,500 in damages for failing to diagnose a patient and explain her options. Dr Calista Spiro operated on the woman in July 2022.
The woman first came to Spiro in June after vomiting blood. Spiro did not record the woman's eating disorder history, mental health issues, medications, or prior stomach stapling in 1997.
A reversal of the earlier surgery might have been better. After the procedures, the woman developed pneumonia, fluid around her lungs, and a bowel obstruction.
She suffered constant tiredness for months and could not care for herself. Justice Paul Slattery found Spiro breached her duty by not offering all available treatments so the patient could choose.
The court gave the woman money for home help, future care, medical costs, and pain and suffering.
- $311,500
- Damages awarded
- 66
- Patient age
- 1997
- Prior stomach surgery
- July 15, 2022
- Surgery date
Why it mattersThe case shows that doctors must discuss all treatment options with patients before major surgery, even when patients have complex health histories.
AustraliaAustralian patients can now point to this decision if they believe a surgeon has rushed them into procedures without proper consultation.
✓ Claims checked against the source. checked 2 h ago
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