Gallbladder surgery can be performed for many reasons and is relatively common since the gallbladder is a vestigial organ. However, like all surgeries, certain precautions need to be taken. If you suffer any injury or illness due to gallbladder surgery negligence, you may be able to claim compensation.
Our guide addresses eligibility for making such a claim. We also look at how compensation could be awarded for successful surgical negligence claims. Furthermore, we discuss the various steps involved in seeking gallbladder surgery compensation and underline how our solicitors could help on a No Win No Fee basis.
You can get in touch with our team now for more information on hospital negligence claims by claiming online, or calling 03301 230 546. An advisor can assess whether you have good grounds to seek surgical negligence compensation, help value this and provide free advice on the claims process.
Jump To A Section
- Am I Eligible To Make A Gallbladder Surgery Negligence Claim?
- How Much Compensation Can I Claim For Negligent Gallbladder Surgery?
- Reasons For Gallbladder Surgery Negligence Claims
- How To Make A Gallbladder Compensation Claim
- How Our Solicitors Can Help
- More Information
Am I Eligible To Make A Gallbladder Surgery Negligence Claim?
All medical professionals and healthcare providers have a duty of care towards their patients. This means that all doctors, nurses, surgeons and healthcare professionals treating you must provide you with the proper care. Furthermore, this duty is owed automatically to every patient.
Therefore, you would have to prove the following in order to have an eligible gallbladder surgery negligence claim:
- A professional was performing gallbladder surgery or providing you with any care related to the procedure.
- They breach their duty of care.
- Due to this breach, you suffer an avoidable injury or illness.
Get in touch with our advisors for a free consultation to discuss the eligibility of your claim.
How Much Compensation Can I Claim For Negligent Gallbladder Surgery?
The compensation amount for gallbladder surgery negligence would vary according to your circumstances. A successful gallbladder surgery claim may include the following categories of compensation:
- General Damages: This category includes compensation for your pain and suffering.
- Special Damages: This category may be included in your claim and deals with your financial losses due to the gallbladder injury.
How Compensation Payouts Are Calculated
Your medical negligence solicitor or any other expert would refer to the Judicial College guidelines (JCG). We have used these guidelines to summarise some of the gallbladder injury compensation figures in the table below. However, the top row isn’t from the JCG, and you should use this table only as guidance:
| Location Of Harm | Notes | Compensation Guidelines |
|---|---|---|
| Multiple Severe Injuries and Special Damages | There are multiple injuries and financial losses like additonal medical expenses. | Up to £500,000+ |
| Bladder and Bowels- Double Incontinence | The medical complications involve a loss of natural bowel and urinary function and control. | Up to £224,790 |
| Bowel - Lost Functioning (b) | There is a total loss of natural function and colostomy. The compensation amount depends on the age of the person. | Up to £183,190 |
| Bowel - Urgency (c) | Faecal urgency and some incontinence (passive) remaining after surgery, causing stress and embarrassment. | In the region of £97,530 |
| Bowel - Severe (d) | There is a severe abdominal injury which result in impaired function and temporary colostomy, causing disfiguring scars and dietary restrictions. | £54,420 to £85,100 |
| Bowel - Some Permanent Damage(e) | The penetrating injuries cause permanent damage but there is an eventual return of function and control. | £15,370 to £29,870 |
| Bladder - Complete Loss of Function | The control and function is totally lost. | Up to £171,680 |
| Bladder - Seriously Impaired Control | Control is seriously impaired along with pain and incontinence. | £78,080 to £97,540 |
| Digestive System- Traumatic Injury (i) | The severe damage is accompanied by continuous pain and discomfort. | £52,490 to £75,550 |
| Digestive System- Traumatic Injury (ii) | A serious non-penetrating injury which causes permanent or long-lasting complications. | £20,490 to £33,880 |
Special Damages In Medical Negligence Claims
As explained above, special damages cover the financial losses that arise as a result of gallbladder surgery negligence. Some examples of the losses which you could include are:
- Loss of earnings, due to time off to recover.
- Professional care or income lost if a family member undertakes care duties.
- Medical costs for further treatment, such as prescriptions, diagnostic tests and travelling to the hospital.
- Cost of any equipment, such as incontinence pads or colostomy bags.
To include the above losses in your gallbladder claim, you would need to furnish evidence like payslips, bank statements and bills.
Please speak to a member of our team to learn more about how compensation could be awarded for gallbladder surgery negligence claims and a free valuation of your case.
Reasons For Gallbladder Surgery Negligence Claims
Before exploring the possible reasons for this kind of negligence, let us first understand the specifics of a gallbladder surgery.
The gallbladder is a small organ shaped like a pouch, and it is located in the upper right portion of your stomach. The liver produces bile, which is stored in the gallbladder and then transported to the digestive system to break down fats.
You may need to undergo gallbladder removal surgery or cholecystectomy for reasons like:
- Infection
- Cancer
- Gallstones: These are small, stone-shaped bile or cholesterol deposits which could occur due to a chemical imbalance within the gallbladder. Gallstones may warrant surgery if they cause symptoms like sharp and persistent pain, jaundice and high fever.
While it is possible to live a normal life without a gallbladder, there are some risks associated with the surgery:
- Blood clots
- Wound infections
- Bile leaking into the abdomen
- Bile duct injuries within the liver.
- Bowel, blood vessel or intestinal injuries.
Therefore, some examples of surgery negligence which could occur during gallbladder surgery include:
- Error in administering anaesthesia or anaesthetic negligence.
- Retained gallstones.
- Misplaced cholecystectomy clips.
- Excessive bleeding due to a delay in blood transfusion or not carrying out the procedure.
- Negligently clipping the bile ducts and causing leakage.
- Infection due to a lack of hygiene.
- Improper fitting of surgical devices.
Speak to our advisors now for more information on surgical error claims.
How To Make A Gallbladder Compensation Claim
While making a claim for gallbladder surgery negligence, it is important to collect evidence and to be aware of the time limit. You could seek help in these processes from your medical negligence solicitor.
Gather The Right Evidence
Here are some examples of the evidence that you could collect in support of your gallbladder claim:
- Medical records, such as prescriptions, ultrasound scans and communication with your doctor.
- Photographs of visible scars.
- Contact details of the person who accompanied you to the surgery for witness statements.
- Employment records to highlight how the injury has affected your ability to work and your income.
- Financial records to demonstrate any special damages.
You can speak to our advisors for further guidance on calculating your compensation payout.
How Long You Have To Begin A Claim
The Limitation Act 1980 allocates a time limit of 3 years to begin gallbladder surgery negligence or any other claims. However, you may be able to claim an exemption from this time limit if you are:
- A minor: This is because a person needs to be at least 18 years old to make their own claim.
- An individual with diminished mental capacity: An individual needs to be of sound mind in order to make their own claim.
The time limit pauses in the above cases until:
- The minor turns 18.
- The individual’s mental capacity returns.
An alternative to waiting for the time limit to apply is to claim on behalf of the above individuals. Parents, friends or other trusted people could do this by becoming litigation friends. You could apply to become a litigation friend, or the court could appoint you as one, after determining the following:
- You can make fair and competent decisions in the case.
- There is no conflict of interest.
Claiming On A No Win No Fee Basis
While dealing with the physical and financial detriments of the gallbladder surgery negligence, you may be worried about the legal expenses involved. However, our No Win No Fee solicitors offer their services on a Conditional Fee Agreement (CFA). This type of agreement entails that you don’t pay your solicitor for their work:
- Upfront
- In the beginning or the middle of your claim.
- If you lose your claim.
Your solicitor will charge a percentage of your compensation or a success fee if your claim is successful. The law places a limit on this percentage to prevent extortion, so you need not worry about losing out on your compensation.
Get in touch with us now for more information on medical negligence time limits or No Win No Fee claims.
How Our Solicitors Can Help
While it is not compulsory to instruct a medical negligence solicitor for your gallbladder surgery negligence claim, we recommend seeking guidance from an expert. Our team of medical negligence solicitors has years of experience in dealing with surgery negligence claims, and they could help you in the following:
- Explaining complex legal terms.
- Calculating and negotiating your compensation amount.
- Collecting evidence.
- Communicating with official bodies like the NHS.
- Providing updates on your claim, especially if it goes to court.
You can speak to our advisors and get in touch with our solicitors by claiming online or calling 03301 230 546.
More Information
Thank you for reading our guide on gallbladder surgery negligence claims. You can also read our guides on:
- Claiming compensation for a failure to obtain consent.
- Information on claiming for delayed treatment.
- Guidance on misdiagnosis claims.
Here are some external links which could help you:
- Information on making an NHS complaint.
- Guidance on finding your nearest A&E.
- Details on complaining to the CQC about a healthcare service.