All surgery poses risks to patients, which they should fully understand before agreeing to an operation. Surgeons and all medical staff have a legal obligation…
Compensation for negligent gallbladder surgery
If you have suffered due to a negligent gallbladder surgery, we can help you make a gallbladder surgery negligence claim.
We are a claims management company regulated by the Financial Conduct Authority.
Gallbladder Surgery Negligence Claims
If you or a loved one suffered avoidable harm due to a substandard gallbladder procedure, you may be entitled to make a gallbladder surgery negligence claim.
Gallbladder surgery is one of the most common surgical procedures. However, if performed negligently, it can lead to various complications, such as infections, sepsis, organ damage and severe pancreas inflammation.
Both the NHS and private healthcare providers owe you a legal duty of care when offering surgical treatment. If this duty is breached and results in avoidable harm, they may be liable for compensation.
To find out if you can claim compensation for your pain and suffering, call 0800 470 0474 today for a free consultation or fill out our contact form to arrange a call back.
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Table of Contents
Am I eligible to make a gallbladder surgery negligence claim?
You may be eligible to make a medical negligence compensation claim for gallbladder surgery if the following can be proven:
A duty of care
All medical professionals owe their patients a legal duty of care. In the context of gallbladder surgery, this includes:
- Carry out proper assessments before the procedure.
- Explain the risks and obtain informed consent.
- Use the correct surgical technique.
- Monitor the patient during and after the surgery.
A breach of duty
The care you received before, during or after the gallbladder removal surgery fell below the acceptable standard. Examples include cutting the bile duct, delays in gallbladder surgery and failing to identify or address complications.
Causation
You must be able to prove that the breach of duty directly caused you harm that would not have occurred otherwise. This could be a new injury, such as damage to nearby organs or the worsening of your pre-existing condition.
Damages
You suffered losses as a result, such as pain, suffering and financial expenses, such as time off work, transport to hospital appointments or care costs.
How do I claim compensation for gallbladder surgery negligence?
To make a claim for gall bladder surgery, you should:
- Contact a specialist medical negligence solicitor for a free case assessment.
- Gather all medical documents and other types of evidence needed to support a claim.
- Obtain independent reports from medical experts who can determine whether the care you received fell below the acceptable standard and how this has caused your injury.
- Send a letter of claim to the defendant outlining the details of your case and the compensation sought.
- Negotiate a fair compensation amount if liability is admitted.
- Issue court proceedings if liability is denied or you cannot negotiate a fair settlement.
- Receive your compensation payout if you win the claim.
What is gallbladder surgery, and when is it needed?
The gallbladder is a small organ located under the liver which stores bile, a fluid that helps digest fats. When the gallbladder causes problems, it may need to be removed through surgery, known as a cholecystectomy.
The main reasons why you may need gallbladder surgery include:
- Gallstones – hard deposits in the gallbladder that cause pain or inflammation.
- Cholecystitis – inflammation of the gallbladder that can cause pain, fever and infection.
- Choledocholithiasis – it develops if the gallstones migrate to the bile duct, causing jaundice, vomiting and severe pain.
- Polyps – small growths on the inner lining of the gallbladder.
- Cancer – rare but severe cases where gallbladder polyps become cancerous.
Surgery is the only permanent and effective solution for recurring gallbladder issues. This is a common procedure, and you can live an everyday life without your gallbladder.
In most cases, the gallbladder is removed through minimally invasive laparoscopy (keyhole surgery). Rarely, more severe cases may need open surgery.
What types of negligence can lead to a gallbladder surgery claim?
Various types of negligence can result in a gallbladder surgical negligence claim, including:
- Misdiagnosis or delayed diagnosis of gallbladder issues, resulting in delayed surgery.
- Performing surgery without informed consent.
- Administering too much or too little anaesthesia.
- Cutting the bile duct instead of the cystic duct.
- Bile leakage due to poorly placed clips during surgery.
- Leaving foreign objects inside the body.
- Failing to diagnose complications such as infections or retained gallstones.
- Accidental damage to nearby organs or nerves.
- Failing to control bleeding during the surgery properly.
- Failing to monitor and address complications.
This list is not exhaustive, and other types of negligence may result in an injury compensation claim following gallbladder surgery.
What can be the consequences of negligent gallbladder surgery?
Gallbladder surgery negligence can result in various consequences, from minor to life-altering. These include:
Bile duct injuries
This is the most common complication in cholecystectomy and occurs in 0.5-1.4% of cases. Bile duct injuries are associated with significant mortality and morbidity and cause symptoms such as:
- Chills and fever.
- Nausea and vomiting.
- Abdominal pain and swelling.
- General discomfort.
- Jaundice.
If you suffered a bile duct injury during gallbladder removal, you would need further, complicated bile duct surgery to correct it.
Other injuries
Other possible consequences of substandard gallbladder surgery can include:
- Internal bleeding.
- Infections and sepsis.
- Damage to nearby organs.
- Chronic pain.
- Digestive issues.
- Acute pancreatitis.
- Inflammation of the bladder or bile ducts.
- Psychological distress, including anxiety and depression.
- Impact on your work and daily activities.
- Financial strain.
Can I still make a claim if I signed a consent form before surgery?
A consent form is typically used before surgical procedures to confirm that you have been informed of the risks involved and that you agree to proceed.
However, the form does not prevent you from seeking compensation if you suffer avoidable harm due to surgical negligence. For example, you could still make a claim if:
- The surgeon made a mistake that a reasonably competent surgeon would not have made, such as damaging the bile ducts.
- You were not fully informed about the risks and complications.
- You agreed to a laparoscopic cholecystectomy, but instead, the surgeon performed open surgery without your consent.
Your medical negligence lawyer will review the terms of your consent form and advise you on your legal options.
What evidence do I need to support a medical negligence claim?
When building your case, your medical negligence solicitor will gather various types of supporting evidence, including:
- Your complete medical records, including pre-operative assessments, surgeon’s notes and details of complications.
- Expert testimony from independent specialists detailing whether the care you received fell below an acceptable standard, and how this has caused the injuries you are claiming.
- A medical assessment of your injuries and your future care needs.
- Your own statement detailing what happened and the impact on your daily life.
- Photographs or videos of any visible harm, such as excessive scarring or inflammation.
- Financial proof of related losses and expenses, such as receipts and invoices.
How much compensation could I receive for negligent gallbladder surgery?
The amount of compensation awarded for negligent gallbladder surgery is calculated based on two types of damages:
- General damages cover the pain, suffering and loss of amenity (impact on quality of life and daily activities) caused by your injuries.
- Special damages cover related financial losses and expenses, such as care costs, loss of earnings and further private treatments.
General damages depend on the nature and severity of your injury and its long-term effects. According to our compensation calculator, you could receive:
- Up to £5,550 for surgery causing unnecessary scarring.
- Up to £26,900 for delays in surgery causing avoidable suffering.
- Up to £38,000 for minor injuries to the bile ducts.
- Up to £72,600 for moderate bile duct injuries.
- Up to £138,000 for severe bile duct damage causing long-term complications.
Can I make a gallbladder negligence claim on behalf of a loved one?
Yes. You could make a claim on behalf of a loved one if they suffered avoidable harm from gallbladder surgery due to clinical negligence.
You can act as a litigation friend and represent their best interests throughout the claims process if they are:
- A child under the age of 18.
- An adult who lacks the mental capacity to manage their own legal affairs. This could be due to a brain injury, a learning disability or a degenerative condition.
You can also make a fatal injury claim if a loved one passed away due to negligent cholecystectomy and you qualify as their dependant.
What is the time limit for starting a gallbladder surgical negligence claim?
Under the Limitation Act 1980, the standard time limit to make a medical negligence claim is three years. This period usually begins from either:
- The date of the negligent surgery.
- The date of knowledge – when you first became aware that you suffered an injury due to medical negligence.
There are a few important exceptions to this limitation date, which you can read more about here: How Long Do I Have to Start a Personal Injury Claim?
Will my medical negligence solicitor offer me a No Win No Fee service?
If you have a valid claim for compensation, your solicitor will represent you on a no win no fee basis. Making a no win no fee compensation claim means that:
- You will not need to pay any money to your solicitor upfront.
- If your claim fails, you will not owe them a single penny.
- If you make a successful claim, your solicitor is entitled to a success fee.
The success fee will be deducted from your compensation award. This is a pre-agreed percentage of your settlement, capped by law at 25%.
How long will my claim take?
The duration of a medical negligence case can vary significantly, ranging from a few months to several years. This depends on various factors, such as:
- The complexity and severity of your injuries.
- Whether liability is admitted.
- The availability of evidence.
- The need for court proceedings.
- The duration of negotiations.
Your injury lawyer will aim to resolve your case in the shortest time possible and secure interim compensation payments for any immediate needs while the claim is ongoing.
To find out if you can make a gallbladder surgery negligence claim, call us on 0800 470 0474 or request a call back. You will receive a free case assessment with no obligation to proceed.
