A man who claims to have lost half of his body weight and was diagnosed with “severe malnourishment” after undergoing gastric bypass surgery is suing his surgeon and Royal Darwin Hospital (RDH) for damages.
In court documents obtained by ABC, Mark Durbridge alleges he suffered “whole person impairment” due to post-operative care at RDH between August 2021 and July 2022. The 61-year-old had weighed 130 kilograms before undergoing gastrojejunostomy surgery performed by Dr. John Treacy at Darwin Private Hospital (DPH) on March 4, 2021. He reportedly had an “uneventful recovery” initially.
However, by August 2, Durbridge was admitted to RDH with hypertension and high cholesterol after losing 45 kilograms. A CT scan allegedly showed a gas buildup, suggesting a hollow visceral perforation related to the surgery.
Durbridge’s statement of claim states that he was operated on again by Dr. Treacy and later transferred to DPH for further care, being discharged on September 8. He claims to have returned to RDH on November 3, suffering from “debilitating nausea” after not eating solid food for six to eight weeks. He was readmitted to DPH on November 18, where Dr. Treacy reversed the gastric bypass. Durbridge was transferred back to RDH’s intensive care unit nine days later, where he was diagnosed with septic shock, respiratory failure, and severe malnourishment, among other issues.
By May 2022, Durbridge claims he returned to RDH with symptoms of weight loss, anorexia, and nausea. He underwent an appendectomy and additional surgeries. It is important to note that anorexia in this context refers to a loss of appetite, not the eating disorder anorexia nervosa.
Durbridge alleges that Dr. Treacy and RDH failed in their duty of care after his first hospitalization. He claims they did not provide appropriate treatment or care and failed to identify injuries in a timely manner, particularly during the reversal surgery. He also argues that proper assessments and investigations were not carried out, and his condition was not treated appropriately.
Dr. Treacy’s defense, filed in court, asserts that during Durbridge’s hospital stays, his care was primarily handled by other doctors. When Treacy was the primary care provider, he was part of a treating team that included surgeons, infectious disease specialists, and residents. He denies any breach of duty and maintains that he treated Durbridge with reasonable care, skill, and in accordance with medical guidelines. Treacy also denies causing Durbridge’s injuries and states that the risks were explained to him before the initial surgery, which Durbridge knowingly consented to.
Royal Darwin Hospital also denies liability in this case.
Durbridge is seeking damages for whole person impairment, medical expenses, care and assistance costs, and lost earnings. The case will return to the Supreme Court on March 21.
