Gallbladder & bile duct surgery negligence claims

Why might a patient need to undergo gallbladder surgery?

A patient may need to undergo gallbladder surgery due to:

• cancer
• infection
• gallstones

Gallstones appear naturally in our bodies and are small, stone-shaped deposits of bile. Gallstones stay in our bodies permanently so when they prove problematic they can cause many unwanted symptoms and therefore require surgery. 

What are the risks of gallbladder removal surgery?

There are unfortunately a few risks associated with gallbladder removal surgery. One of these is bile leakage, which occurs in around 1% of all surgeries. This is where a leak occurs from the clips that have been incorrectly fitted to close the tubes which keep the main duct and gallbladder connected.

There are also other risks to gallbladder removal surgery such as, for example:

• injuries to the bowels
• injuries to the intestines
• blood vessel injuries
• internal wound infections
• external wound infections
• internal bleeding
• bile leaking to the abdomen
• sepsis
• liver failure
• blood vessel damage
• organ damage
• death

What are bile duct injuries?

Bile duct injuries are unfortunately a common complication for gallbladder removal surgery. These affect as many as 1 in every 500 gallbladder removal surgeries. They occur where, instead of cutting or clipping the cystic duct, the common bile duct is cut or clipped. If this occurs you will need further, complicated surgery to put it right.

What are the most common causes of gallbladder surgery and bile duct injuries?

Gallbladder surgery and bile duct injuries can be caused by different issues that occur during surgery. For example:

• not fitting devices in the surgery correctly
• Iatrogenic injury
• instruments used during surgery

What counts as gallbladder surgery malpractice?

Gallbladder surgery malpractice can include several scenarios. Here are some examples:

• a surgeon acting negligently such as by cutting the common bile duct when they should have cut the cystic duct
• where a surgeon cuts or damages the hepatic duct
• obstruction to the duct system because cholecystectomy clips are lost inside you
• a surgeon not clipping the seal of tubes correctly
• negligent use of a trocar
• endoscopic procedure negligence
• administration of anaesthetic negligence
• a surgeon not identifying the anatomy correctly, which can lead to an injury

If you have been a victim of gallbladder surgery malpractice, you will often need to undo complicated reconstructive surgery such as Roux-en-Y-jejunostomy. Surgeons owe a duty of care towards their patients to let them know about possible complications. 

Am I eligible for gallbladder surgery compensation?

You could be eligible for gallbladder surgery compensation if complications arise as a result of your gallbladder surgery, such as those listed above, which are gallbladder surgery malpractice. 

If you have been the victim of medical negligence for gallbladder surgery, you could be eligible to claim compensation. For example, if a medical professional failed to:

• realise or investigate the possibility that you may have a gallbladder infection or disease
• spot that you had gallstones or other gallbladder issues, which can cause the rupture of the gallbladder
• look into complications which arose from your gallbladder removal surgery
• notice an injury during the actual operation
• repair an injury promptly
• give medication where a risk occurs, such as the risk of blood clots

Can I claim compensation for gallbladder cancer misdiagnosis?

If you experience gallbladder cancer misdiagnosis, you may be able to claim compensation. This will be the case where the medical professional has been negligent by failing to give the right diagnosis where they could have done.

How much compensation might I get?

The amount of compensation you might get when you make a medical negligence claim varies depending on, for example:

• the extent of your injuries 
• the impact the medical negligence has had on your overall life
• expenses you have had to pay for, such as medical ones
• any earnings the medical negligence has caused you to miss out on
• potential future losses

Can I claim against the NHS?

If you have suffered medical negligence concerning your gallbladder and bile duct surgery you can make a medical negligence compensation claim. It doesn't matter if the negligence was the fault of the NHS or a private surgeon. 

Am I able to claim on behalf of a family member?

You may be able to make a medical negligence claim on behalf of someone else, such as one of your family members. For example, you can do this for:

• a child
• someone who has sadly passed away
• a person who lacks the mental capacity to make their medical negligence claim

You should note that for the latter person, there is no time limit in which they or you need to claim. 

Can I make a no-win no fee gallbladder surgery malpractice claim?

You have the right to make a compensation claim if you have suffered gallbladder surgery malpractice and at National Accident Helpline, we make this easy for you. This is because you can make your compensation claim for your gallbladder surgery malpractice on a no-win no fee basis. You pay nothing whatsoever to make your claim so if in the rare situation that medical negligence is not proved, you won't have lost a penny.

What is the time limit for starting a claim? 

All personal injury and medical negligence claims must be started within a strict legal time frame so you should engage a solicitor in the compensation process immediately.

You must make your medical negligence claim for gallbladder and bile duct surgery within three years from the date that the medical negligence took place. Alternatively, you must make it within three years from the date you were aware that the gallbladder and bile duct surgery was medical negligence. This is called the date of knowledge. 

Where the compensation claim for gallbladder and bile duct surgery is for a child, you have until the time they reach the age of 18 to make the claim. If you are claiming medical negligence which took place when you were a child, you must make your claim within three years from the date of your 18th birthday. 

How long do gallbladder malpractice claims take?

There is no set time frame for a gallbladder malpractice claim to take. Each medical negligence claim is different and the factors surrounding it may take time to investigate where you will need to gather evidence. This will all affect the time a claim may take, Also, whether the party you claim against for your gallbladder malpractice claim admits liability or not makes a difference to the timeframe.

Will I have to fight my claim in court?

At National Accident Helpline, we are proud to state that only 5% of our personal injury claims reach the court stage. Usually, they are settled before any court action so the same applies to medical negligence for gallbladder and duct surgery.