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If you or someone close to you has suffered negligence in respect of gallstones or gallbladder surgery, our expert medical negligence solicitors can help you claim compensation.
This small organ is very important, helping us to get invaluable nutrients from our food, however sometimes surgery is required in order to treat gallbladder disease or gallstones. If gallbladder surgery isn’t performed properly, or if there is a delay in the surgery going ahead, it can have very damaging long-term effects.
A claim is an opportunity to secure compensation for your injuries and to protect you again any future costs or care needs, as well as a way of highlighting vital patient safety lessons for medical institutions, helping to reduce further instances of substandard care for others.
What can go wrong when my gallbladder is removed?
There are two ways to preform a cholecystectomy, either by laparoscopic (keyhole) surgery and the second is by laparotomy (open surgery). The chosen method adopted by your surgeon is important depending on what they are hoping to achieve during the surgery.
As the gallbladder is connected to the bile duct (the organ carrying bile from the liver and your gallbladder to your intestines) via a cystic duct, it is necessary to clip and cut the cystic duct to allow the gallbladder to be removed and the bile duct left intact. Often under keyhole surgery the visibility of the organs is limited and the bile duct is sometimes clipped in error instead. If a bile duct injury occurs it should be repaired immediately to avoid further complications and injury.
When gallbladder surgery goes wrong it can cause a wide number of problems, such as increased recovery time, infection, peritonitis, and can even be fatal.
How much compensation might I expect?
If treatment has gone wrong, we can help you make a claim to include both the pain and suffering caused, and compensation for any costs you’ve incurred and may incur in the future, such as loss of earnings due to extended time away from work, buying special equipment or securing carers to look after you. It can also include the costs of any further surgery or therapy required as a result of the negligence on a private basis
The precise value of the compensation will depend very much on the severity of the injury and the effect it has had on your life. No two cases are the same. We will advise you on what you can expect, tailored precisely to your needs.
How long do I have to make a claim from the date of negligence?
Usually court proceedings must be issued within three years of the negligence, unless an extension has been agreed with the Defendant. This time period is likely to run from the date of the surgery if the surgery itself was substandard, or may be later if the case relates to a failure to recognise a post-operative complication.
If the damage caused is not immediately evident, the three year period may run from when you gained knowledge of the damage having been done to you. Limitation dates can be a complex area so we would urge you to get in touch with a solicitor as early as possible to ensure you aren’t prevented from claiming due to limitation having passed.
How long will a claim take to settle?
This is heavily dependent upon a number of factors such as the complexity of the claim, and whether the defendant contests the claim or makes an admission at an early stage.
We strive to progress any claim as efficiently as possible whilst ensuring your injuries are fully investigating and that you recover the maximum amount for your injuries.
How can I fund a claim?
There are a number of options available and we will always discuss this in detail with you so you receive tailored advice on the best options for you.
The vast majority of our surgical claims are funded by way of a Conditional Fee Agreement (known as a ‘no win, no fee’). This means there is no risk to you in us investigating the claim on your behalf.