The wrong surgery was done

I research everything before I had my surgery and knew that something didn't seem right: I wasn't going through what everything said I would.  I went to two follow-ups before I felt weird about it.  I continued with what I needed to do and lost about 90 pounds.  I was supposed to have had the gastric by-pass which is what is written down, what they were paid for, and what my follow-ups were for. 

My weight loss came to a stand still 2 years ago and I, in the last 6 months devised a weight loss plan that jumped-started me losing weight again.

I found through an xray that I had a sleeve.  Should the hospital be responsible to revise to what should have been?

Whoa! I'd be calling an attorney!

Attorneys are afraid to touch this kind of stuff.  They don't seem to care too much about the weight-loss patients.  The first question would probably be 'did you lose weight?'  Never mind that I was adamant to the doctor that I didn't want the sleeve:  I was VERY firm on that... personal reasons.

Have you spoken with your surgeon that performed the operation?  What did he/she say?  Why did you have an x-ray done?  Exactly how long ago was your surgery? 

The surgeon is no longer at the hospital.  I was not feeling well and had flank pain; that's what precipitated an x-ray.  The surgery was several years ago.

The first thing I would do would be to get paper copies of ALL the paperwork associated with your surgery, including your surgical consent form, the operative report which details what was done, a copy of the X-ray report and the image itself that shows the sleeve,  and a copy (if you don't already have one) of the insurance company's surgical authorization.  That way you will have evidence that you expected, and were approved for, RNY and actually got the sleeve instead.

The second thing I would do is to ask the surgeon what is going on.  There might have been a reason that (s)he couldn't do the bypass (although there is NO excuse for your surgeon not telling you that!), and the surgical consent that you signed may have indicated that you authorized the surgeon to convert from lap to open surgery and/or from bypass to sleeve if medically indicated.  If you are like most people, you probably didn't read the entire consent form the day of surgery.

Once you have talked to the surgeon and seen the operative report, if you DID receive the wrong surgery,then I would contact a medical malpractice attorney. I am not an attorney, but I would expect that the surgeon would bear far more liability than the hospital if you received a surgery that you did to consent to.

I'm just curious: what did you NOT go through that you were led to expect after a RNY that made you feel "weird about it"? The actual experience post-op experience of RNY and VSG really aren't very different especially for the 70% of RNYers who don't dump.

Lora

edited for typos.

I just want to add for the original poster...follow the steps above from ****rogirl exactly, DO NOT DO ONE BEFORE THE OTHER!

Once the people involved (clerks, PA's, doctors,etc.) catch on that you may be collecting documentation for a lawsuit, they clam up and things may get "lost".  If you go in with the very legal and personal explanation that you simply want these things for your own file, they relax, a little.  And you won't be lying to them (well, by omission). In this case, omission is necessary and they will do the same to you.  You have to protect yourself.

I am not a lawyer nor a doctor but I do know these things happen more often than we think.  Even though tis surgery has been successful for you, it was still the wrong surgery.  However, you may very well have authorized this to happen as mentioned above.  Be certain about that point.  Good luck!

Edited to add, however, before you go that route, also pay attention to what LadyGodiva asked you. You need to answer to yourself about that first.

Did a medical professional confirm that you do, in fact, have a vertical sleeve rather than the RnY?  

They saw it at the hospital; the tech as well as the doctor that looks over the x-rays.  It was a horrible 'oh my goodness' moment from them.

That's awful and I'm sorry for you. There's no excuse for it, in my opinion. Your surgeon should have been upfront with you... it's imperative for your well-being.