Can I Sue for Severed Bile Duct During Gallbladder Removal Operation
Cut bile duct, also referred to as hepatic duct, is one of the most common injuries sustained during Laparoscopic gallbladder surgeries. Symptoms of bile duct injuries may include chills and fevers, severe abdominal pain, swelling of the torso, yellowing of the skin, nausea and vomiting. One should seek immediate medical attention if they are experiencing any of the above issues following a gallbladder removal operation. Another serious complication which may arise include damage to the pancreas resulting in bouts of acute or in some more severe cases chronic forms of pancreatitis. In such cases individuals will have to suffer from permanent issues and damage to their pancreas which may increase the possibility of pancreatic cancer. Victims of such medical negligence will need a medical malpractice lawyer to explore their legal options.
Prevention Methods and Common Issues:
Some of the most common causes of complications in such procedures include the following:
• Visual perceptual issues or misconception.
• Insufficient training of medical doctors in the field of laparoscopic procedures.
• Fault in a medical professionals technical skills.
• Knowledge and judgment errors.
Establishing Medical Malpractice in the Court of Law:
Most medical malpractice cases are based on e negligence theory of liability. Negligence based case required the establishment of four factors. Duty, breach of a duty of care, causation of damaged, and the extent of damages.
(1) Establishing Duty and Breach of a Duty of Care in Such Cases. Medical doctors must abide by certain practiced and procedures established by the medical specialty they are a part of when conducting any type of exam, surgery, or prescription. Failure to follow such procedures will result in the breach of a duty of care.
(2) Causation: One ascertain a negligence bases surgical errors claim must be able to prove that the breach of the duty of care was the cause of the harm that took place.
(3) Damages: There must be ascertainable injuries or damage suffered by the victim.
Recovery Available For Victims:
Victims of personal injury are able to receive financial recovery for all damages incurred. A calculation of the amount of recovery will be available is predicate on several factors. Some factors include the following:
• The amount of medical bills incurred.
• Future medical and rehabilitation care necessary.
• Economic damages including lost wages and loss of future income.
• Non-economic damages including pain and suffering and awarding of punitive damages.
Deadline to File a Claim – Statute of Limitations Explained: The right if an individual to pursue compensation for damages against at fault party may carry certain limitations. One of those limitations is the time period a person has to assert that right. In the state of California victims of medical malpractice have one year from the date of the incident leading to the injury to file a claim in the court of law. There may be exceptions to the one year rule; referred to as the “tolling” of a statute, such exceptions often include, the minor status of the patient (i.e those under the age of 18 have 2 years from the date of their 18th birthday to file.
Legal Case Review by Attorney Available: If you or a loved one have suffered from severe harm including a clipped bile duct during a gallbladder removal surgery, you will need a medical malpractice lawyer to review your case. Please feel free to contact our law offices in order to learn more about your legal right to compensation under the law. All case reviews and consultation are completely free of charge.