Gallbladder injuries
Going for any surgery can be a stressful experience, even if it’s a straightforward procedure with a low risk of complications.
Gallbladder surgery - also known as a laparoscopic cholecystectomy - is one of the most common surgical procedures in Scottish hospitals and is carried out to remove gallstones. These growths develop when digestive fluid hardens and blocks the flow of bile which can cause pain, nausea and jaundice.
Although gallbladder removal is a common procedure - often done via keyhole surgery – there is still a possibility that something could go wrong. We therefore want to offer some assurance that if something does go wrong during the surgery then you know what to expect, who you can speak to and how to go about getting answers and support.
The important step in undertaking the operation is to ensure that a safe view is obtained of the triangle between the common bile duct, the cystic plate of the liver and the cystic duct (known as Calot’s triangle). This step is essential to ensure no mistakes are made.
Once the patient’s anatomy has been identified, the surgeon will carefully clip and divide the cystic duct and cystic artery to free the gallbladder for removal. If there is uncertainty about the patient’s anatomy, the surgeon can opt to convert to open procedure, arrange on-table imaging or postpone the procedure.
Errors that could happen during surgery
The most common mistake that can happen is for the surgeon to mistakenly clip the common bile duct instead of the cystic duct. This is known as an iatrogenic injury. A bile duct injury like this can lead to serious complications and will require extensive reconstructive surgery at a specialist unit. The reconstruction surgery aims to reconstruct the patient's biliary anatomy. This surgery is complicated and will result in a much longer recovery time.
Other risks with this type of surgery, which may not always be negligent, can include:
● Perforating other internal organs (such as intestine, bowel or blood vessels)
● Internal bleeding
● Liver failure
● Sepsis
Unfortunately we also encounter cases where there is a delay in recognising that an injury, resulting in a severely weakened patient and a more complicated and protracted recovery.
Contact our specialist solicitors
Dealing with bile duct injury cases be very complex. There are a lot of things which need to be handled in the correct way which is why it is crucial to speak to a specialist with a proven track record.
Ruth Kelliher, Partner and Head of the clinical negligence department holds specialist accreditation from the Law Society of Scotland. This is a public register of solicitors accredited in this field. She has also been recognised as a specialist by Chambers & Partners. Ruth and her team have successfully pursued several bile duct injury cases.
The team also works with Action Against Medical Action (AvMA) which is a charity for patient safety and justice.
No win, no fee personal injury solicitors
The expression “No win, no fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win, no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Don’t take our word for it, just read many of the court decisions and case studies on our website.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
We have offices across Scotland in Glasgow, Edinburgh, Dundee, Kirkcaldy, Inverness, Aberdeen and Ayr.
For further information about no win, no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
Here for you
Please complete our Clinical Negligence form to start the process. The more information you can provide, the better we can understand your situation and provide you with informed legal advice.
We are here to support you in whatever way we can. This initial advice is, of course, free of charge.
I went private for my treatment; can I still make a claim?
Yes, even if you seek private treatment you can claim if there has been negligence during your gall bladder surgery. Speak to a specialist solicitor who will give you advice on what steps you should take.
Do I have a time limit to make a gall bladder claim?
In Scotland you have three years from the date you could reasonably have become aware of alleged negligence to either settle the claim or start court proceedings.
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