Gallbladder Surgery Malpractice

Laparoscopic gallbladder surgery — also called laparoscopic cholecystectomy or lap chole — is a surgical procedure that removes the gallbladder without having to make a large surgical incision to open the abdominal cavity.

Over 90 percent of gallbladder surgeries are done laparoscopically, in which the surgeon removes the gallbladder through several small incisions in the abdomen. Done correctly, the majority of these surgeries result in the safe removal of the gallbladder. Laparoscopic surgery done incorrectly can result in devastating consequences. Some errors that result from unskilled doctors attempting to perform the surgery, but even a skilled doctor can cause injuries during the surgery. If the errors are not recognized and treated immediately, they can result in serious injuries or death.

Initial reports about the effectiveness of tPA indicated it was only helpful around 30% of the time. Later studies have proven the effectiveness is much higher than that.

Unlike the failure to give tPA, failing to give heparin or warfarin (Coumadin) for a stroke is not usually a good basis for a medical malpractice case. These medications have not been proven to be of much value for most strokes, or for transient ischemic attacks (TIAs).   However, Warfarin is used for emboli coming from the heart. Also, there may be malpractice liability for failing to restart Warfarin after stopping it for other reasons (like dental surgery), if the patient then suffers a stroke.

The gallbladder is a pear-shaped sac that sits below the liver. The function of this small organ is to store and release bile, a digestive fluid that breaks down fats. This process sometimes leads to the formation of gallstones, solidified matter which blocks the flow of bile. The most common remedy for this painful problem is surgery to remove the gallbladder.

The traditional procedure, open cholecystectomy, involves a large incision under the ribs on the right side of the body. The liver is moved aside to access the gallbladder, and the surgeon cuts the blood vessels and ducts and removes the organ through the opening. This invasive procedure requires general anesthesia.

Most gallbladder surgeries are now performed with this minimally invasive procedure. A small incision is made in the abdomen and a hollow tube called a trocar is inserted. A video camera is then snaked through the trocar, enabling the surgeon to view the abdominal cavity on a TV monitor. More trocars are inserted for the surgical tools. The ducts and vessels are snipped and clipped, and the gallbladder is removed through the incision.

A common mistake in these procedures is accidentally cutting the common bile duct, which empties bile from the liver into the small intestine. If the common bile duct is compromised, bile can leak into the abdomen. Leakage of toxic bile can cause disastrous complications. The patient may be hospitalized, requiring additional surgery to repair the duct and drain the bile. If the duct cannot be salvaged, the patient may require permanent tubes that drain bile into an external bag.

Another common error is accidental perforation of adjacent organs, often the small intestine, which can result in dangerous infections, like sepsis.

It is imperative that the surgeon correctly identifies each duct and artery to be sure he or she is cutting and clipping the proper structures. Mistakenly cutting, clipping or nicking the common bile duct rather than the cystic duct can lead to serious injury or death. So too can nicking or cutting adjacent organs.

We have worked with many clients who have been harmed by an error in a gall bladder surgery. We would be happy to look through your case and let you know the best way to proceed. Please contact us today, we are easy to talk to.