Gallbladder Claims

If you have experienced unnecessary pain and suffering as a result of the misdiagnosis of gallstones, inadequate treatment or negligent gallbladder surgery, you may be entitled to claim compensation. Doctors have a duty of care to diagnose gallstones early and perform gallbladder removal surgery correctly. Any failures to fulfil this duty can entitle you to make a clinical negligence claim.

The medical negligence solicitors at JMW are here to give you the best possible chance to move forward with your life following the negligence. We are accredited by numerous prestigious industry bodies and are recognised as leaders in our field.

Contact us today for a free, no-obligation chat about your circumstances by calling 0345 872 6666 or completing our online enquiry form, and we will be in touch at a time that is convenient for you. Our solicitors can take on cases on a no win, no fee basis.

How JMW Can Help

At JMW, our expert surgical negligence solicitors will put you in the best possible position to secure a settlement that takes into account your individual situation. This will enable you to secure compensation for the injury and recover any costs incurred or anticipated in the future which can make the most of your recovery and improve your quality of life. Claiming compensation can be essential for getting your life back on track after negligent treatment by medical professionals.

JMW’s clinical negligence team is led by renowned solicitors Eddie Jones and Angharad Hughes. It includes members of the Action against Medical Accidents (AvMA) solicitors panel, as well as the prestigious Law Society’s panel for clinical negligence solicitors. We are well versed in claims against the NHS and private healthcare providers on behalf of clients who have been impacted by medical negligence.

Our clinical negligence team will gather evidence on your behalf, and work with independent medical experts to determine what went wrong with your gallbladder surgery. From there, we can advise you on whether you are entitled to take legal action. If you decide to move ahead, we will use our extensive experience and proven track record of success to build the strongest possible case for you. We often work on a no win, no fee basis for claims of this type, and many claims are settled successfully without the need to appear in court.

JMW handles cases with the utmost care and professionalism, which means you can rest assured that we have the knowledge and experience required to help you with your claim. We will work to investigate the full impact the negligence has had on your life, to deliver the compensation to which you are entitled.

Meet Our Team

JMW's compensation experts have many years of experience in respect of claims relating to gallbladder injuries and a strong track record of success. If your condition was misdiagnosed, or you were injured due to surgical mistakes, we can help you to make a claim based on our thorough knowledge and experience.

Case Study

Can You Claim for Bile Duct Injury During Gallbladder Surgery?

A bile duct injury during gallbladder removal is a recognised but serious complication. It is a serious risk of keyhole surgery to remove the gallbladder (also called a laparoscopic cholecystectomy) and means that doctors should take extra care during these procedures.

The biggest risk is the surgeon mistaking the common bile duct or common hepatic duct for the cystic duct and clipping or cutting the wrong structure. The risks of surgery are higher if there is inflammation, scarring, adhesions, obesity, unusual anatomy, or a previous infection. Potential complications include a biliary leak, peritonitis, sepsis and jaundice, all of which can have serious consequences for your health and recovery.

Experiencing bile duct problems following surgery does not automatically mean that you have experienced negligence, but if the injury was caused by failing to recognise a patient’s specific anatomy, poor technique during the procedure, delayed diagnosis or failures in aftercare, you may be entitled to make a medical negligence claim for compensation due to gallbladder injury.

How Much Is Compensation for Gallbladder Surgery Negligence?

There is no standard amount of compensation for gallbladder negligence, as complications arise in different ways and your compensation is calculated to reflect both the pain and suffering of the initial injury together with the financial and other losses associated with the ongoing impact of any negligent medical care. The aim of a clinical negligence claim is to investigate your care in full and provide compensation to reflect the impact of the negligent treatment received.

Compensation for a gallbladder negligence claim is usually split into two categories:

General damages

General damages compensate you for the injury itself and any side effects, such as pain and suffering, the loss of enjoyment of your life, scarring, and any psychological impact. They are assessed based on the Judicial College Guidelines, which offer guideline amounts as to how much compensation a person may recover for specific types of injury.

If you experience chronic health problems or long-term symptoms (such as abdominal pain, fatigue, digestive issues, or recurrent infections), you may receive more compensation. If you need further treatment to correct errors, this will also be considered.

Special damages

Special damages compensate for any financial losses caused by the negligence. This is divided into past and future losses. They must be proven using receipts, invoices, payslips or other documents to demonstrate the losses or expenses incurred as a result of negligent treatment, whether by way of surgical errors, delayed diagnosis or substandard aftercare.

In a gallbladder negligence claim, special damages may include:

• Lost wages during your recovery, and lost future earnings if you cannot return to the same job or work at all
• Private medical treatment, scans, consultations, medication, or physiotherapy
• Equipment required to support your condition and maximise function and independence
• Travel costs for hospital appointments
• Care provided by family members or paid carers
• Any medical aids or home adjustments you need to accommodate a disability
• Future treatment or monitoring costs

Special damages cover both past and future losses. Future losses will be included where the injury has caused long-term change in function - for example, a reduced ability to work or ongoing need for care and assistance.

What Is the Process to Claim Compensation for Negligent Surgery?

The claims process is structured to ensure the process is fair for all parties. While the details of your individual claim will be unique and the time it takes to reach a settlement will vary, the key aspects of the process will remain the same. For gallbladder injuries, a claim typically unfolds as follows:

1. A free initial consultation: when you get in touch with JMW, we will offer a free consultation where we can talk about your symptoms from the gallbladder injury, the impact of any medical errors, and any long-term symptoms or wider impact on your life.
2. Gathering medical records and evidence: we collect medical evidence to show what went wrong with your care, and how medical staff failed to prevent or identify possible complications. Your records will confirm whether you had a laparoscopic or open procedure, whether key symptoms were missed which would have led to earlier or alternative treatment, and the cause of any symptoms you experienced.
3. Independent expert review: we will work with independent medical experts to review your medical records and source their expert opinion on whether the care you received fell below a reasonable standard. If we can establish that care was below the required standard, and that this caused avoidable harm, you will be entitled to make a claim.
4. Letter of claim: with a strong case built, we draft and send a formal letter of claim to the NHS Trust or private hospital that was responsible for your care. The letter sets out the evidence we have gathered and the losses which have been incurred.
5. Response and next steps: the hospital trust, private hospital or healthcare provider will have a chance to investigate and decide whether or not to accept liability. If the defendant agrees that they are liable, we can begin to negotiate compensation. Alternatively, if no admissions are made, we may be required to issue proceedings if we cannot agree a fair settlement for you in the initial stages of the claim.

For more detail on what is involved during this process, read our guide to the medical negligence claims process.

Is There a Time Limit to Claim?

There is usually a three-year time limit for starting a gallbladder negligence claim. The limit usually begins from the date of the negligent treatment (meaning the date of the gallbladder surgery), but may begin from a later “date of knowledge” - the date that you first knew, or reasonably should have known, that you had experienced a significant injury and that it may have been caused by negligent medical treatment.

These limits apply in most cases. However, if the injured person was under 18, the three-year period usually starts on their 18th birthday, meaning they generally have until their 21st birthday to issue a claim. If the injured person lacks the capacity to conduct a claim for themselves, the limitation period may not apply at all, or during the period the lack of capacity continues.

Take a look at our guide to the time limits for making a medical negligence claim to learn more.

It is best to seek expert legal advice as soon as you can. This gives our medical negligence solicitors time to investigate what happened, gather medical records and instruct independent medical experts where needed.

Q

What are gallstones?

A

Although gallbladder injuries can occur in many ways, one of the most common forms of injury is during surgery  to remove gallstones.

Gallstones are hard pieces of stone-like material, made up of different substances which form due imbalance of the components of bile. They are produced in the gallbladder, a small sack lying on the underside of the liver that stores bile (also known as gall). Gallstones are believed to form as a result of excess cholesterol in bile forming into stones.

Most people with gallstones don’t experience any symptoms and do not require any treatment. However, when complications occur, and there has been a delay in diagnosis or the condition is misdiagnosed or not appropriately treated, often due to substandard surgery, the patient could be entitled to compensation.

Q

Who is at risk of gallstones?

A

Around one in 10 adults in the UK has gallstones. They are typically more common among people who are

• Overweight or obese
• Over 40 years old
• Female, particularly if they have had children

Q

What are the associated complications of gallstones?

A

Although most people with gallstones do not have any symptoms at all, complications are often extremely painful. They include:

• Inflammation of the gallbladder (cholecystitis)
• Jaundice
• A stone passing from the gallbladder to the intestine
• Infection of the bile ducts (acute cholangitis)
• Acute pancreatitis
• Gallstone ileus

Q

What types of gallbladder surgery can you claim compensation for?

A

Gallstones are often diagnosed by chance and only need treatment if they cause trouble. They will show up on an X-ray and on ultrasound scanning.

There are different methods of treating gallstones, should they require it. Some stones can be dissolved with medication. The use of ultrasound waves to shatter the stones into tiny fragments is another method, enabling them to pass safely into the faeces. If these methods fail or are not suitable for a particular patient, then surgical removal of the gallstone or entire gallbladder may be indicated.

This can be performed through keyhole or open surgery, the former being the method of choice because it is less invasive. However, the procedure is not without complications, and injury to the bile duct and the cystic duct can occur. Generally, these injuries are not regarded as negligent if diagnosed and treatment is provided to correct the error quickly.

However, ongoing pain and symptoms of infection such an increased temperature, fever or signs of illness should alert medical staff to the possibility of a biliary leak that may have been the result of an injury during the procedure. This should be investigated immediately, as it can lead to biliary peritonitis or sepsis, which could have serious consequences and can be fatal.

Most successful claims are made in the postoperative period, where failure to diagnose a complication occurs, and further surgery and treatment is necessary.