Weight loss surgery has become a more frequent operation at hospitals in New York and around the country in recent years. It is a popular choice in some circles for people who are seeking to begin a healthier life. Patients look forward to the benefits of the surgery and eagerly anticipate the fresh start it will give them. And while all surgery carries some risk, no one dreams that the results could ever be this bad.

A former sheriff's deputy went under the knife for gastric bypass surgery but was plagued afterwards by a series of complications that were misdiagnosed or not treated quickly enough. He remained in the hospital's critical care unit for weeks. The lawsuit alleged that the hospital's medical malpractice left the man bound to a wheelchair, mute, and almost blind.

The jury awarded the plaintiff $168 million in damages with an additional $10 million in punitive damages. In addition to finding for the plaintiff on the issue of the hospital's negligence, the jury also found that the hospital had committed fraud and misrepresented the credentials of the surgeon who performed the procedure.

According to the plaintiff's attorney, the hospital and some surgeons advertised that they were working cooperatively on gastric bypass procedures. After the fact, however, they encouraged patients to sign documents that refuted that the surgeons and the hospital had been working together in an attempt to preclude liability on the hospital's part.

Doctors and hospitals have a duty to patients and must abide by the required standard of care. When the action of a doctor or a hospital falls below the standard of care, causing injury to the patient, that patient has the right to seek compensation.

Source: The Tennessean, "HCA hospital loses $178M judgment in Fla. negligence case," Getahn Ward, Jan. 24, 2012.