Gallbladder Surgery Negligence Claims

Gallbladder removal, also known as cholecystectomy, is a common procedure for people with gallbladder problems. Most surgeries use the keyhole technique, which results in quicker recovery times.

With around 60,000 cholecystectomy procedures each year, most people recover from surgery quickly and can go back to their daily activities. Unfortunately, even keyhole surgery can go wrong, and medical negligence may occur.

• Gallstones: Gallstones are hard deposits in the gallbladder and cause pain, inflammation, or blockages. They’re most common in overweight people over 40 who have a high-cholesterol diet, but gallstones often occur due to high bilirubin levels.
• Cancer: Gallbladder polyps can sometimes become cancerous, and specialists often recommend a complete removal. While gallbladder cancer only accounts for 1% of all cases in the UK, it can still lead to severe complications and even fatalities (Cancer Research).
• Choledocholithiasis: If gallstones migrate to the bile duct, they can cause extreme pain, jaundice, vomiting, and other symptoms. Luckily, the condition is quite rare, with only 15% of people with gallstones experiencing it.

Unfortunately, once gallstones form, they stay in the body, leading to ongoing pain and other complications. If you suffer from any of the above conditions, you’ll probably need gallbladder removal surgery.

The majority of gallbladder surgeries go smoothly, but there are always risks associated with anaesthetic. The main issue is proving whether your surgeon or hospital was negligent for your complications or if they occurred naturally.

Let’s take a look at the most common causes of complications.

Infections can happen due to poor aftercare or errors during the procedure. Some infections can cause serious symptoms and cause damage to other organs.

When extreme complications arise, there’s a risk of fatalities. Excessive bleeding before and after the surgical procedure is also a worry.

Even minor errors can damage the gallbladder and other organs. For example, damage to the liver, pancreas and intestines can cause long-term complications. Liver failure, pancreatitis and intestinal complications often require ongoing treatment.

Bile duct injury is a severe complication that might occur during surgical errors. If a surgeon makes an error that damages the bile duct, it can cause leakages and blockages. In most cases, you’ll need bile duct surgery to correct the issue.

If you suffered an injury due to negligent gallbladder surgery, you can claim compensation. All surgical error claims rely on proving that the hospital or medical professionals were negligent. Here are some examples of what counts as negligence:

• Accidentally cutting the common bile duct instead of the cystic duct leads to bile leakage and the need for further surgery.
• Causing a bile duct obstruction by failing to use the cholecystectomy clips properly. For example, if the clips are lost, it can cause severe complications, including infections and abscesses.
• Not removing Gallstones results in ongoing symptoms such as pain and a swollen stomach.
• Causing problems during a laparoscopic cholecystectomy.
• Not administering anaesthetic correctly or failing to identify allergies to certain forms of anaesthetic.
• Hospital infections after gallbladder surgery.

Your ability to make a compensation claim depends on whether the medical professional was negligent. Calling 0800 234 6438 or filling out the online form gives you access to a legal advisor who will assess your case.

If they think you’re eligible, they’ll connect you with specialist solicitors who will argue your case on a conditional fee basis. These claims are popular because you won’t need to worry about paying fees unless the solicitor secures compensation.

There are no financial risks involved, even if the lawyer doesn’t secure compensation.

All hospital injury claims are different, and your compensation amount depends on the extent of your injury. Medical negligence solicitors factor in both general and special damages, with your pain and suffering falling under general damages.

Special damages account for any financial expenses due to your injury, including travel, private medical care, lost earnings, and home adaptations.

Using a compensation calculator can give you a general idea of how much the injury itself is worth, but expert solicitors argue these cases regularly and can give you a realistic figure.

When preparing your case, the solicitor will gather evidence on your behalf. Wherever possible, you should collect your own evidence, as it will speed your claim up and ensure there are no roadblocks along the way.

The most important types of evidence are:

Pre-operative records detail your health before the surgical procedure and can be vital in proving negligence. The solicitor will also assess the surgeon’s notes, detailing any complications during gallbladder surgery and why they occurred.

Your lawyer will usually ask an expert witness to assess your case and detail whether the surgeon or hospital failed to meet medical standards. These witnesses can be instrumental in highlighting negligence and detailing the long-term complications of your injury.

A friend, family member, or employer can testify about how negligence has impacted your life. For example, a witness statement proves a loss of amenity if you cannot perform certain tasks at work.

When you make a compensation claim, the negligent party will usually ask you to attend a medical assessment. These assessments prove your injuries and might speed your case up. If the negligent party can’t deny the damage, they’re more likely to settle quickly.

Keeping detailed notes of your financial records, including travel expenses, private medical care and other costs associated with your injuries. Providing detailed financial records means you’ll receive the money you deserve.

If you had gallbladder surgery at a hospital, you’ll usually make an NHS negligence claim, which goes through the NHS Resolution service.

Receiving treatment at a private hospital or through your insurance provider means you’ll make a claim against the company. The private healthcare provider’s insurance provider handles the negotiations and will agree to a settlement with your solicitor.

You have up to three years from the date of your negligence to claim compensation. Filing your claim immediately gives your solicitor plenty of time to negotiate a fair settlement. Gallstones in children and adolescents are extremely rare, but teenage girls are most at risk.

If a young person has gallbladder surgery and is the victim of negligence, they can claim compensation up to three years after turning 18.