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Gastric Bypass Botched Result in Cartagena: My Rights As A Foreign Patient

You’re awake in the middle of the night, scrolling through your phone, feeling lost, scared, and frustrated after your gastric bypass surgery in Cartagena. You came here with hopes of renewed health and happiness, but instead, you’re dealing with pain and complications that you never expected. Your husband or partner is ready to support you and fight for your rights, but you don’t even know where to start. You don’t have to face this alone; I want you to know that I’m here to help you understand what steps you can take.

What Just Happened to You Is Not Your Fault

It’s important to recognize that you are not alone in this journey. Many women, just like you, travel to Colombia for gastric bypass surgeries, and some unfortunately experience botched results. The reality is that complications can happen, and it’s not necessarily due to any fault of your own. Feeling scared or confused is a completely normal response. It’s vital to acknowledge this pain and distress and understand that there’s a community out there — and there are ways to seek justice.

Is This Medical Malpractice in Colombia?

When a gastric bypass leads to complications that are unexpected and preventable, it can raise questions about medical malpractice in Colombia. Under Colombian law, if it’s determined that the treatment did not meet the accepted standards—known as «lex artis»—you may be entitled to compensation. This means that if the surgeon did not perform the procedure with the care or skill that another competent doctor would have used, you may have a case for malpractice. But you don’t have to navigate these legal waters alone; understanding your rights is the first step.

Why Colombia Is Different From the US or Canada

Suing a medical professional in Colombia can be very different from the processes in the US or Canada. There are no contingency fees, which means you will need to pay out-of-pocket for legal services upfront. The court process can take 3 to 4 years, but justice is attainable. Many doctors rely on the assumption that foreign patients will just give up after their procedures, but you deserve to fight for your rights and seek the compensation you deserve. Don’t let fear hold you back.

What You Should Do Right Now

If you’re in this difficult situation, here are five essential steps you can take right now:

• Gather all your medical records and documents related to the surgery.
• Take photographs of any physical complications or changes.
• Avoid signing any documents relating to your care or complications until you consult with a lawyer.
• Contact a medical malpractice lawyer in Colombia who understands your situation.
• Don’t wait too long to act; remember the statute of limitations is three years from your date of procedure.

How Much Compensation Can You Recover?

You may be wondering what kind of compensation you could expect. If your case proves to be medical malpractice, compensation can cover several areas, including:

• Physical damages caused by the procedural errors.
• Psychological harm and emotional distress.
• Costs for corrective surgeries.
• Lost income due to recovery time.
• Moral damages for the suffering experienced.

In some cases before the Colombian Supreme Court, victims have recovered over USD 500,000. It’s essential to get in touch with a lawyer about your individual circumstances to understand the full scope of what you might be entitled to.

Talk to Someone Who Understands — Free Case Review

I know this is an overwhelming time for you, but you don’t have to navigate this alone. Nisimblat Law specializes in helping American and Canadian patients like you who have faced difficult medical situations in Colombia. We offer a free initial case review, and we’re fluent in English. With 27 years of experience, including training at Harvard PON and utilizing Galex AI for forensic audits, we’re here to help you find the best path forward.

You don’t have to figure this out alone. Reach out to me at +57 310 485 4137, and let’s discuss how to find justice together.