Damage to Bile Duct During Laparoscopic Surgery

In July 2013, we obtained damages in the sum of £100,000 from a hospital trust for a 47 year old lady who suffered damage to her bile duct during laparoscopic surgery to remove her gall bladder.

The injury to the bile duct caused the claimant to develop acute jaundice and it was necessary for her to undergo open revisionary surgery from which she suffered a poor outcome.

The case was funded by a “No Win–No Fee” agreement supported by “After the Event” insurance. The case took 18 months from instructions to settlement.

The relevant medical records were obtained and to prove the case, it was necessary for us to instruct a Consultant Surgeon with a particular expertise in surgical gastroenterology. In addition we obtained an opinion from a Psychiatrist as our client had suffered a psychiatric injury as a result of her injuries. We also obtained professional photographs of her abdominal scarring as a result of the revision surgery.

The case was settled between the parties without it becoming necessary to issue Court proceedings.

The compensation included the following:

• General damages for pain and suffering
• Re-admission to hospital following a collapse on 3 August 2011
• A longer rehabilitation period than originally anticipated and care provided by her husband
• Intermittent pain suffered by the claimant in her upper abdomen caused by abdominal core weakness which becomes worse if she bends, reaches, stands or drives for too long
• Excessive tiredness and lack of energy, common to patients who have undergone major revision surgery for bile duct injuries
• Very poor cosmetic result from abdominal surgical scarring
• As a result of the future risk of complications supervening as a result of the negligence, the claimant was likely to have a reduction in her life expectancy of nine years
• The claimant suffered a moderate psychiatric adjustment disorder as a result of her injuries and was recommended to undergo a course of cognitive behavioural therapy

The client’s damages were maximised in this case by obtaining supportive evidence covering every element of her injuries and financial losses.

She also received a formal written apology from the Trust.

If you or a family member have been left with a debilitating condition following surgery that was supposed to improve your well-being, it is possible you are entitled to claim compensation for medical negligence. Speak to our surgical negligence solicitors at Lanyon Bowdler.