A gallbladder surgery claim seeks compensation for low-standard surgery on your gallbladder. Gallbladder surgery is straightforward, but when it goes wrong, the medical negligence causes ill health and can be life-threatening.

Gallbladder surgery, laparoscopic cholecystectomy, usually involves removing it to solve the painful problem of gallstones. You may also undergo gallbladder surgery after a cancer diagnosis and for other reasons.

Gallbladder surgery is a common procedure, with around 60,000 people undergoing it annually through the NHS. When gallbladder surgery goes wrong, and about 600 do each year, you will have a gallbladder surgery claim. 

The surgical negligence includes damage to nearby organs, internal bleeding, and bile duct leakage. When gallbladder surgery goes wrong, you’ll suffer pain, spend more time in hospital and may even develop sepsis.

A No Win No Fee medical negligence solicitor takes your gallbladder surgery negligence claim to win you the compensation you deserve.

Gallbladder surgery claim

What is gallbladder surgery negligence?

Gallbladder surgery negligence is when a surgeon does not do their job at an acceptable level, harming you in the process. 

Gallbladder surgery goes wrong if the surgeon is negligent in their duty of care to you. You will suffer if they nick a vein, fail to secure an incision, or do not detect a bile duct leakage. 

Surgical negligence is the surgeon not doing their job correctly, and there is no excuse for it. After gallbladder surgery negligence, you will require more treatment and surgery, experience discomfort and may endure ill health for the rest of your life.

Gallbladder surgery negligence is the result of a surgeon working below professional standards. It is surgery of such a poor quality that no other surgeon would provide or accept it. 

Many common gallbladder surgery claims for negligence are seen every year, and you can claim compensation when you suffer one.

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Common gallbladder surgery claims for negligence

Common gallbladder surgery claims for negligence result from surgery for complications with your gallbladder. 

Errors during gallbladder surgery are avoidable. They will not happen if the surgeon and team properly follow the guidelines for successful gallbladder surgery.

Common gallbladder surgery claims for negligence are:

  • Cutting the bile duct during surgery
  • Surgery on the wrong bile duct
  • Delays in gallbladder surgery
  • Missing a cut to an artery during surgery
  • Damage to the bowel or liver during gallbladder surgery
  • Infection after gallbladder surgery
  • Not giving medication after gallbladder surgery
  • The wrong type of gallbladder surgery

Cutting the bile duct during surgery

Cutting the bile duct during surgery happens when the surgeon slices or nicks the bile duct or ducts connecting the gallbladder to the small intestine. 

Gallstones are balls of fat and cholesterol that form in the liver and are stored in your gallbladder. The gallstones leave the gallbladder through the bile ducts to be safely removed from the body.

Large gallstones get stuck in the bile ducts and require surgery to remove them.

Gallbladder surgical negligence is when the surgeon nicks the bile duct and misses the error during surgery. The subsequent leak into the abdomen causes pain and infection and, if left undetected, will harm you.

You have a gallbladder surgery claim for negligence if the surgeon nicks a bile duct and does not repair it during surgery.

Surgery on the wrong bile duct

Surgery on the wrong bile duct is when the surgeon makes an error when removing gallstones. 

Every surgeon should know exactly where they are to operate and what the surgery is to achieve. Removing gallstones is straightforward surgery, but it can go wrong if the surgeon is negligent during the operation.

To cut into the wrong bile duct is surgical negligence and will cause you unnecessary suffering and the need for further surgery.

Delays in gallbladder surgery

Delays in gallbladder surgery will cause you pain and further damage your health. Gallstones are painful when they block the bile ducts; the only relief is surgery to remove them.

Failing to detect a gallbladder problem leads to delays in surgery. The delay could be due to the doctor not ordering the correct scans and tests when examining you in the hospital.

Delays also happen when the doctor does not read the results of the scans and tests correctly and misses the need for gallbladder surgery.

Any delay in surgery is time lost in treating your gallbladder problem and only causes you further pain and suffering.

Missing a cut to an artery during surgery

Missing a cut to an artery during surgery will lead to uncontrolled bleeding and the effects of heavy blood loss. It will also lead to infection and the consequences of blood poisoning on the body.

When removing the gallbladder, the surgeon can also slice a nearby vein or artery. It should not happen, but when it does and is missed, it can seriously affect your health.

The surgical negligence of missing a cut to an artery during gallbladder surgery should not happen, and you can claim compensation when it happens to you.

Damage to the bowel or liver during gallbladder surgery

Damage to the bowel or liver during gallbladder surgery happens when the surgeon nicks the close-by organs and does not notice it. The damage will affect your health if the surgeon does not repair the cut or cuts immediately.

Every surgeon must perform at an acceptable standard when doing gallbladder surgery. To slice the bowels or liver and leave the damage unrepaired is surgical negligence. 

Infected material can seep into the body, causing sepsis and other complications. Patients may lose part of the liver or their bowel due to the surgical negligence.

All damage caused during surgery should be repaired immediately and not let fester and cause further illness.

Are you eligible for compensation?

If you want to obtain compensation for the negligence you have suffered, we have a simple 3 step process to make sure you get the money you deserve

  • Take our online assessment & speak with our team

  • Our team of doctors and lawyers will undertake a full medical review based on your medical records

  • We will send a legal letter of claim and our solicitors will pursue your compensation on your behalf

All case reviews are 100% cost and commitment free.

Infection after gallbladder surgery

Infection after gallbladder surgery can happen when the surgical team fails to administer a postoperative antibiotic. The surgeon may not prescribe the antibiotic, or the team may forget to give it to the patient.

Leaks happen during gallbladder surgery and should be cleaned and removed immediately. Infection occurs after surgery if the surgical team does not clean the area properly of any infectious material.

Infection can also happen when a foreign object, such as a clip or swab, is left inside the patient. 

If you suffer an infection after gallbladder surgery, you can make a claim for surgical negligence compensation.

Not giving medication after gallbladder surgery

Not giving medication after gallbladder surgery can cause infection, bleeding, and unnecessary pain. Your surgeon should know the risks of any surgery and prescribe the correct medications as a precaution.

After gallbladder surgery, you should be given:

  • Antibiotics to prevent infection
  • Blood thinners to prevent a blood clot forming
  • Pain medication to reduce the discomfort of the invasive surgery

The medication after gallbladder surgery will reduce the chances of the adverse effects of the operation. To not give medication is gallbladder surgery negligence, and you can claim compensation.

The wrong type of gallbladder surgery

The wrong type of gallbladder surgery results in unnecessary suffering and delays in treatment and will cause further complications.

Your surgeon should outline the pros and cons of both keyhole and open surgery before your operation and let you decide.

Keyhole surgery removes the gallbladder and has you in recovery in a couple of hours, while open surgery is invasive and leads to longer surgery and recovery time.

There are increased dangers and complications with open surgery. Heart problems, bile leaks, and infection are more likely to happen with open gallbladder surgery than with keyhole surgery. It is surgical negligence if you are not given the option of keyhole surgery for your gallbladder problem

If you are overweight or have an unusually shaped gallbladder, keyhole surgery may not work for you. Open surgery is the only safe option in your case. Undergoing keyhole surgery when you should have open surgery is gallbladder negligence.

If you suffer from gallbladder surgery negligence, you can claim for compensation.

Our Process

Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.

Enquiry

The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.

Medical Evaluation

Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.

Legal Letter

Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.

Claim for bile duct surgery negligence

You can claim for bile duct surgery negligence when the surgeon makes an error operating on the bile ducts or the gallbladder. Bile duct surgery negligence leads to leaks into the abdomen that cause infection and severe pain in the patient.

Gallbladder removal surgery also involves surgery on the bile ducts, and negligence happens when the surgeon does not do their work at a professional level. 

A claim for bile duct surgery negligence happens after:

  • The surgeon cuts the common bile duct in error
  • Incorrect use of bile duct clips
  • Not sealing the cut to a bile duct
  • Failing to diagnose the need for bile duct surgery
  • Damage to bile ducts during gallbladder removal surgery.
Claim for bile duct surgery negligence

The surgeon cuts the common bile duct in error

The surgeon cuts the common bile duct in error when they should be operating on the cystic bile duct. 

The error should not happen. The surgeon should know exactly where the surgery will happen, and there is no excuse for this type of negligence.

A cut to the common bile duct can cause bile to seep into the body, causing infection, sepsis, and blood poisoning.

Incorrect use of bile clips

Incorrect use of bile clips during surgery can cause bile to leak out of the ducts and into other parts of the body. 

The bile duct clips must be secured correctly and not allowed to come loose during surgery. Cholecystectomy clips used in the wrong place can obstruct surgery and cause errors.

Not using bile duct clips correctly when removing the gallbladder will lead to leaks into the abdomen and cause infection.

Not sealing the cut to a bile duct

Not sealing the cut to a bile duct happens when the surgeon does not pay attention during surgery.

The surgery to remove the gallbladder may go well, but if the cut to a bile duct goes unnoticed, it also goes unrepaired. Not sealing the cut to a bile duct during surgery leads to it leaking, causing infection and even sepsis.

The problem may not become an issue until sometime after surgery when pain, inflammation and high temperature become symptoms of the resulting infection.

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Failing to diagnose the need for bile duct surgery

Failing to diagnose the need for bile duct surgery only delays the treatment and increases the patient’s suffering. 

A blocked bile duct is a painful condition with many side effects and symptoms. After reading your notes, a fully trained doctor should diagnose your condition and not miss the need for bile duct surgery.

Symptoms of a blocked bile duct needing surgery are:

  • Pain down the right side
  • Nausea and regular vomiting
  • Passing dark urine
  • Passing light stools
  • Having itchy skin
  • Jaundice-like skin and eyes
  • Unexplained weight loss

When you suffer the symptoms of a blocked bile duct, the doctors should order tests and prepare you for surgery.

Damage to bile ducts during gallbladder removal surgery

Damage to bile ducts during gallbladder removal surgery should not happen, but it does due to surgical negligence. 

If the surgeon does not perform your gallbladder removal surgery with due care, they will damage the bile ducts, causing you long-term ill health.

Surgeons not adequately trained to use keyhole surgery instruments do damage to the bile ducts and even other nearby organs.

Bile duct damage in gallbladder surgery is a cause of infection and other complications. 

When you suffer gallbladder surgery negligence, you can claim compensation for the damage to your health.

100% Compensation

If your claim wins we will pay you 100% of the compensation with no deductions. You get 100% every penny with no deductions. New claims only with no previous solicitors.

No Win, No Fee

If your claim wins our costs are paid by the negligent party so you get paid 100% of the compensation recovered.

Our Expert Team

Our Dr Anthony Barton edits the leading book “Clinical Negligence”. Anthony and his wife Penelope (a GP) have a combined sixty years of medical and legal experience.

Compensation for gallbladder surgery negligence

Compensation for gallbladder surgery negligence ranges from more than £5,000 for a minor injury to more than £130,000 in some cases. Compensation amounts differ depending on the severity of the medical negligence and its long-term effects on you.

Compensation amounts for gallbladder surgery negligence:

  • Unnecessary scarring – £5,500
  • Delays in gallbladder surgery – £26,900
  • Minor bile duct injury – £38,000
  • Moderate bile duct injury – £72,600
  • Severe bile duct injury – £138,000
compensation claim calculator

All amounts are approximate and are only a guide to what is possible in gallbladder surgery claims.

As in all medical negligence claims, each case is dealt with on merit and how much you suffer due to the gallbladder surgery.

A No Win No Fee medical negligence solicitor will be the only one who can advise you on a gallbladder surgery claim. They will know from experience what your case may be worth and how to make a successful claim.

Your No Win No Fee medical negligence solicitor will handle your gallbladder surgery claim for compensation and for all damages incurred.

What can you claim for when you sue for gallbladder surgery?

You can claim compensation for any damages that occurred when you sue for gallbladder surgery. 

There are two types of compensation damages due when suing for any type of medical negligence: General damages and Special damages.

medical negligence compensation types

General damages

General damages are when you sue for the pain, suffering and loss of amenity, PSLA, you have experienced due to negligence.

  • Pain is that above what is normally expected for your procedure
  • Suffering is the inconvenience and changes to your life that cause you discomfort
  • Loss of Amenity is any difficulty you have in doing everyday tasks, such as walking, sitting and sleeping

Special damages

Special damages include loss of earnings, future care costs, and out-of-pocket expenses.

  • Loss of earnings includes compensation for time off work and any reduction of your income in the future.
  • Future care costs are for any care you will need as a result of the medical negligence
  • Out-of-pocket expenses cover medical appointments, travel, accommodation and meals

Be sure to keep payslips, receipts and proof of any losses you experience due to the medical negligence. 

You deserve compensation to cover all losses, including loss of life, medical costs, and long-term care needs. 

When you or a loved one suffers from the effects of gallbladder surgery, you make a claim for gallbladder surgery negligence compensation. 

Your No Win No Fee solicitor will guide you through the steps in making a gallbladder surgery claim

What are the steps involved in making a gallbladder surgery claim?

The steps involved in making a gallbladder surgery claim go from seeking medical advice to issuing court proceedings. 

The steps are a part of any successful compensation case, and settlement can happen at any stage in the process.

Your medical negligence solicitor will do the rest when you follow the steps correctly and gather all the facts and figures.

Seek medical advice on the injuries you have suffered or are suffering immediately you realise you experienced gallbladder surgery. 

Contact a specialist medical negligence solicitor who operates on a No Win No Fee basis and tell them what went wrong. The right solicitor will look at your case, see where the problem lies, and advise if you suffered gallbladder surgery negligence.

The Medical Negligence Team also have a 100% Compensation Guarantee scheme, where you get all the money awarded in a negligence claim. 

You are the one who suffered medical negligence, and you should get all the money due for the suffering.

Your medical negligence solicitor obtains your medical records with your permission. By reading your records, they will confirm if they think you have a valid gallbladder surgery claim.

The medical negligence team will know from your medical records if the case will result in compensation being paid.

The medical negligence solicitor sending a letter of claim to the negligent party is the next step. The letter will ask them to admit the gallbladder surgery in what is known as ‘sending a letter of claim.’

When the negligent party receives the letter of claim, it has up to four months to provide a written response.

Getting a response from the negligent party’s insurer will move your compensation claim closer to a conclusion.

The insurer will either admit the medical negligence or say they intend to defend the case. Deciding to defend the case is known as ‘deny liability’ in legal terms.

If they admit liability, your gallbladder surgery claim can be valued, and the two parties will meet to decide on your compensation payment. 

Your solicitor will negotiate with the negligent party and use their experience to get the compensation you deserve.

Issuing court proceedings is the next step if they deny liability in your gallbladder surgery claim. 

Going to court happens, too, when they are not prepared to pay a fair amount for the injuries you have suffered. Your medical negligence solicitor issues the court proceedings. 

Remember that less than 1% of medical negligence cases end up in court, and very few of those cases ever make it to the courtroom.

making a medical negligence claim

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“Following open surgery in October 2022 I continued to have pain in my wound. It was discovered a piece of drain had been left inside me causing me pain and suffering and the need to have a further surgical procedure to remove it. In June 2023 Medical Negligence Team Law completed my claim and I got 100% compensation awarded. Thank you.”

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Using a No Win No Fee solicitor

Using a No Win No Fee solicitor is the only way to a successful gallbladder surgery compensation claim. Your No Win No Fee medical negligence solicitor will not charge you for a claim you do not win. 

Always have a fee agreement in place before engaging a medical negligence solicitor. If they start talking of a ‘win fee’ or a ‘success fee,’ you should walk away. The negligent party insurers should pay all fees.

The medical negligence solicitor should also operate a 100% Compensation Guarantee scheme. When you win the case, all the money awarded should go to you, not the solicitor.

You are the one who suffered the gallbladder surgery, and you deserve the compensation to get your life back to normal.

Using a No Win No Fee solicitor

How long do I have to make a claim for gallbladder surgery?

You have three years to make a claim for gallbladder surgery. All medical negligence claims are subject to limitation periods.

For example, in England and Wales, medical negligence claims must generally be brought and court proceedings issued within three years of the injury or three years of knowledge of the facts giving rise to the gallbladder surgery claim. 

If someone has passed away, it is the date of death if the limitation period has not expired at the date of death. 

Children not under a disability typically have until they reach 21 to start a gallbladder surgery claim or court proceedings.

Persons with a disability, who lack capacity, are not subject to any limitation period.

Are you eligible for compensation?

If you want to obtain compensation for the negligence you have suffered, we have a simple 3 step process to make sure you get the money you deserve

  • Take our online assessment & speak with our team

  • Our team of doctors and lawyers will undertake a full medical review based on your medical records

  • We will send a legal letter of claim and our solicitors will pursue your compensation on your behalf

All case reviews are 100% cost and commitment free.

Can I make a medical negligence claim against the NHS?

Yes, you can make a medical negligence claim against the NHS. Suing the NHS for negligence is not unusual. People sue the NHS for compensation for medical negligence and receive the money they deserve for the negligent treatment. 

There are between 8,000 and 10,000 successful medical negligence claims against the NHS each year—amounts in compensation claims awarded against the NHS range from £1000 to over £10 million. 

The amount of compensation you receive covers minor injuries such as scarring to serious life-threatening negligence, which leaves you with long-term care needs.

We trust in and use the NHS daily and do not expect negligence. It happens, though, and the NHS has a dedicated team to handle medical negligence compensation claims, called NHS resolution.

NHS Resolution has a responsibility to treat patients who seek compensation fairly. Patients pay for the NHS through their taxes, and for that they deserve respect and the best medical treatment.

Contact The Medical Negligence Team

Contact the Medical Negligence Team today to discuss your gallbladder surgery claim for compensation. We have both the legal and medical experts to guide you along the steps to a successful medical negligence claim for compensation.

At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis. You will not be out of pocket for an unsuccessful claim.

We have a very high success rate and a reputation for a speedy and successful resolution to all medical negligence cases.

Our 100% Compensation Guarantee puts all the money you win into your pocket. You or your loved one suffered gallbladder surgery and deserve every penny of the compensation claim.

Contact us at the Medical Negligence Team for all your medical negligence needs.

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