Injuries you suffer from a gallbladder removal surgery include severed or transacted ducts (such as the bile, cystic, hepatic, or multiple ducts), clipping the wrong ducts after surgery, injuries to other surrounding structures such as the duodenum, or a failure of the surgeon to realize he or she caused an injury during the surgery until the injury has devastating consequences on you or a loved one. Whether you have a medical malpractice claim from such an injury depends on the facts of your case.
Why do gallbladders need to be removed?
The reason people need their gallbladder removed is because it is inflamed This is a condition known as cholecystitis. This can cause nausea, vomiting, and abdominal pain and make it difficult for you to eat. Gallbladder removal surgery is usually done robotically or laparoscopically. This is a less invasive procedure that utilizes a tiny camera and other tools that are inserted through a small incision. The classic and less used method is an open procedure which involves a larger incision and direct visualization of what the surgeon is doing.
During gallbladder removal surgery, it is important for the surgeon to maintain what is called the “critical view of safety” or CVS. This involves the definitive identification of the cystic duct and cystic artery. This is important so that your surgeon does not misidentify or mistake the cystic duct as the common bile duct, and can help avoid damage to the bile and other ducts during surgery. Proper identification of the cystic duct is also important because during the surgery the cystic duct will be clipped via surgical clips.
How can surgeons be negligent during gallbladder surgery?
There are various ways your surgeon may be negligent if they caused you or a loved one harm during your gallbladder removal surgery. One way is conditions during a laparoscopic cholecystectomy indicate the surgeon cannot safely identify critical structures and cannot safely perform the surgery. This could be due to numerous adhesions (bands of scar-like tissue that form between two surfaces inside the body) or other conditions making it difficult to view and identify your ducts and other surrounding structures such as the duodenum. In such a situation your surgeon may need to convert to an open cholecystectomy rather than proceed with the procedure laparoscopically to safely perform the surgery.
Another situation which can indicate negligence is the misidentification of and damage to multiple ducts. For example, completely transecting or cutting the common bile duct and also injuring the hepatic duct. This could be due to poor surgical technique or an inability of the surgery to maintain the critical view of safety during the surgery. There also could be negligence if the surgeon damages or punctures structures the surgeon should not be encountering such as the duodenum. Damage to the duodenum during gallbladder removal is a very rare complication of the procedure. Whether damage to your ducts or other structures during your surgery constitutes negligence will again depend on the facts of your case.
There also could be negligence if your surgeon misidentifies your common bile duct as your cystic duct and clips it. Clipping the common bile duct can lead to an obstruction of the duct, pushing bile back into your system causing liver and other serious damage. In some instances, it can result in sepsis, septic shock, and death. There also can be a scenario where your surgeon both transects or damages your bile or hepatic duct and clips the wrong ducts which can be an even stronger indication of negligence.
Sometimes the negligence does not involve causing an injury during your surgery, but a failure to diagnose and treat the injury. In this situation you will have to show your surgeon caused an injury to a duct or surrounding structure that should have been diagnosed prior to completion of the procedure (or at least sooner than when it was ultimately diagnosed). You will also have to show that if the injury was diagnosed and treated sooner, the major harm you or a loved one suffered would not have occurred.
In order to determine if any of the above scenarios constitutes malpractice, your attorney will perform a thorough review of your medical records as well as consult with a surgical and other medical experts. The Thistle Law Firm is experienced at handling claims of gallbladder removal malpractice. If you or a loved one suffered harm from a gallbladder removal surgery, the attorneys at the Thistle Law Firm are here to take your call and answer your questions at 215-568-6800.