Are you suffering due to a gallbladder surgery error that caused injury to your bile duct? Unfortunately, these are not rare and isolated incidents, and many patients are left with pain, anger, confusion, and questions about their legal rights. A botched gallbladder surgery or removal can also cause death of the patient, and surviving family members deserve justice from the responsible parties.
If you are grappling with mounting medical bills, loss of income, and a sense of betrayal by your doctor, contact our law firm to speak with a medical malpractice attorney. We also have experienced gallbladder surgery wrongful death lawyers who are ready to assist you, 24 hours a day, 7 days a week. We look forward to hearing your story and helping you move forward in a positive direction.
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How Bile Duct Injury Happens During a Gallbladder Surgery
The gallbladder performs bodily functions like the digestion of fats, but it is not an essential organ. Unfortunately, gallbladders can develop painful stones that cause extreme discomfort. Thankfully, this organ can be surgically removed, and the recovery is relatively short. Surgical procedures for gallbladders removal include
cholecystectomies and laparoscopic cholecystectomies.
The problem is, injuries can occur during the removal of a gallbladder, and many cases involve the surgeon cutting the bile duct instead of the cystic duct. It should be noted that proper identification can be challenging, as there are numerous anatomical variations from one patient to another.
A laparoscopic cholecystectomy is a less invasive procedure, but it comes with an increased risk of bile duct injury compared to a traditional cholecystectomy (open surgery). A partial cut or nick to the bile duct may heal on its own, but some patients end up with significant damage. As a result, they may need to have additional surgery that puts them at further risk of severe complications.
Along with cut-related injuries, patients can also be harmed by heat from surgical instruments, which is another type of medical malpractice during a gallbladder removal surgery.
Recognizing the Symptoms of Bile Duct Injury
As with any post-surgical complication, early detection is the key to preventing permanent injuries or death. But many people are unaware of the signs they should look out for, and some people may not have noticeable symptoms until it’s too late.
Symptoms of injury to the bile duct include
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Fever
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Nausea
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Jaundice
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Chronic pain in the abdomen
If you have any of the following symptoms after surgery to remove your gallbladder, seek medical attention immediately by going to the ER or calling for an ambulance. It does not take long for death to occur as a result of bile leaking into the stomach, so prompt medical attention is absolutely imperative.
Surgical Errors that Constitute Malpractice
Surgical errors can happen for many reasons, and some of these instances are not considered malpractice by a healthcare provider. The truth is, cuts are an inherent risk of gallbladder surgery, which should be disclosed to the patient ahead of time. However, there is no denying that the risk of cutting the patient in the wrong area is more likely among careless or inexperienced surgeons. Many surgeons also fail to request cholangiograms, which are pre-surgical X-rays that help them understand the patient’s anatomical structure.
These and other factors must be examined in order to determine if there is a case of surgical negligence. This information is critical to helping the patient decide if a medical malpractice lawsuit is in their best interest.
Violating a Doctor’s Standard of Care
Malpractice by a surgeon, doctor, etc., occurs when the healthcare provider does not meet the accepted standard of care for someone in their profession under similar circumstances. In reference to a gallbladder surgery, acts of malpractice may include:
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Failing to correctly use a surgical instrument
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Misidentification of the surgery site or the patient’s anatomical structure
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Insufficient planning or imaging prior to the surgery
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Not changing to open surgery versus laparoscopic when necessary
Negligence in Post-Operative Care
It’s possible for surgeons to make mistakes and cause injury without deviating from the accepted standard of care. But even if the injury was not caused by negligence, doctors still have a duty to recognize and treat bile duct injuries. Thus, they can still be sued for malpractice if they ignore symptoms after surgery and fail to order diagnostic tests or refer the patient to a specialist.
Other Examples of Medical Malpractice
Any procedure requires informed consent by the patient. This means that the patient made a decision to go ahead with the surgery after understanding all the risks. So, lack of informed consent can serve as grounds for a gallbladder surgery malpractice claim.
Systemic failures can also play a role in why the patient suffered harm. Essentially, there is a breakdown in communication, safety protocols, and other systems by the hospital / medical facility. Inadequate hiring practices, poor training, lack of supervision, and failure to maintain surgical equipment are just some of the ways that gallbladder surgery patients can be injured.
How to Prove a Claim for Surgical Malpractice
To have a strong and compelling case for malpractice involving a gallbladder surgery, you must establish:
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A duty of care was owed to you by the party or parties you are suing
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The healthcare provider breached their duty of care by doing something or failing to do something according to a professional standard of care
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You can show a direct link between the defendant’s negligence and your injury from having your gallbladder removed.
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The injuries you sustained resulted in physical and emotional harm, along with financial losses.
Compensation You can Obtain
Injuries to the bile duct can have serious, long-term consequences to your health and finances. You are likely to need corrective surgeries, and even then, you may struggle with chronic health issues that require major lifestyle changes. Depending on how you are affected by a gallbladder surgical error, compensation from a lawsuit may include:
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Medical expenses, including payments for future medical needs
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Lost wages and loss of earning capacity
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Pain and suffering
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Emotional distress
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Diminished quality of life
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Punitive damages
Finding a Surgery Malpractice Attorney
The legal system for a medical malpractice lawsuit can be extremely difficult to navigate. Representation from an experienced lawyer is crucial, and that’s precisely what we can provide here at Normandie Law Firm.
By contacting us today, you can have your case evaluated by our legal team of lawyers and medical experts. If suing for medical malpractice is right for you, we will take your case for $0 upfront. Legal fees are due at the point where you receive compensation from the other party, so you owe us nothing if we fail to win your case
Reach out to us at your earliest opportunity so that we can offer you advice and guidance during a free consultation.
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