If your surgeon damaged your common bile duct during gallbladder surgery and failed to recognize or repair it, you may have a strong medical malpractice case. These are high-stakes injuries that can leave patients with lifelong complications, multiple surgeries, infections, and, in some cases, life-threatening consequences.
Our experienced medical malpractice lawyers handle common bile duct injury lawsuits nationwide. We represent patients who suffered serious harm after a laparoscopic cholecystectomy, also known as “lap chole,” when a surgeon misidentified critical anatomy and cut the wrong structure. In too many cases, doctors either cause the injury or fail to detect and treat it in time, turning a routine outpatient procedure into a catastrophe.
If you believe your gallbladder surgery was botched, contact us at 800-553-8082 or get a free case review online. We know these cases. Our lawyers have recovered millions of dollars for victims in common bile duct injury lawsuits, and we have the verdicts and settlements to prove it.
Our Experience With Bile Duct Injury Cases
Miller & Zois has handled gallbladder surgery malpractice cases in Maryland and other states. Some of our results include:
- $1,106,910.75 Maryland verdict: A surgeon clipped and cut a woman’s common hepatic duct, requiring reconstructive surgery and an extended hospital stay.
- $500,000 Maryland verdict: A Baltimore County jury awarded damages after a surgeon clipped and transected our client’s common hepatic duct. The pretrial offer was $200,000.
- $500,000 Maryland settlement: A surgeon failed to correctly identify our client’s biliary anatomy before clipping and cutting.
- $1.1 million Oregon settlement: A surgeon misinterpreted an intraoperative cholangiogram and failed to repeat it, resulting in a transected common bile duct.
You can read more about these cases and other gallbladder malpractice settlements and jury verdicts below. These are actual cases, not estimates of what any particular claim is worth.
Overview of Gallbladder Surgery and the Common Bile Duct
The most definitive way to treat symptomatic gallstones is often to remove a patient’s gallbladder. Like the spleen, the gallbladder has several functions. But it is not a necessary organ. The gallbladder is a storage tank in your body. Think of it metaphorically as a big fuel storage tank you see along the highway.
The liver produces bile, which helps the body digest fats. The gallbladder stores and concentrates that bile. When you eat, the gallbladder contracts and releases bile into your small intestine. The bile travels through a tube called the cystic duct into the common bile duct, which carries it into the intestine.
But gallbladders are a bit fragile. One common problem is that clumps of stuff, called stones, form inside the gallbladder. When a stone blocks the cystic duct or another part of the biliary system, it can be extremely painful.
You do not need a gallbladder, and laparoscopic surgery is generally performed with a relatively short recovery time. So, for many patients with symptomatic gallstones, removing the gallbladder makes sense. Laparoscopic cholecystectomy has become a standard procedure for dealing with gallstones. The technology employed in laparoscopic cholecystectomy is phenomenal. The surgeon uses a camera that gives a great view of the patient’s abdomen.
In taking out the gallbladder, the surgeon has to cut the cystic duct. Before doing so, the surgeon seals the duct with surgical clips so that bile does not leak. Obviously, you need to clip and cut carefully, and you need to be able to see and correctly identify the surgical anatomy before you clip and cut.
Because it is important to protect the common bile duct. What happens in many gallbladder surgery cases that end up as malpractice lawsuits is that the doctor cuts the common bile duct because they confuse it with the cystic duct. When the common bile duct is cut or otherwise damaged, bile can leak into the abdominal cavity or normal bile drainage can become obstructed. This can cause serious injury and death.
Prevention of Bile Duct Injury and the Skill and Care of the Doctor
Early on in a laparoscopic cholecystectomy, if there is any question as to where the ducts are, the surgeon can perform an intraoperative cholangiogram, which is an X-ray study using contrast to help identify the biliary anatomy.
The Society of American Gastrointestinal and Endoscopic Surgeons (SAGES) has issued updated guidelines suggesting the use of intraoperative cholangiography during gallbladder surgery, including its routine rather than selective use. These are conditional recommendations, and the guidelines recognize that individual circumstances matter. But when the surgeon is uncertain about the anatomy, the case for additional imaging becomes much stronger.
The Critical View of Safety
There is another important concept in gallbladder surgery malpractice cases called the critical view of safety. It is a method surgeons use to make sure they have correctly identified the cystic duct and cystic artery before cutting anything.
The basic idea is not complicated. The surgeon needs to clear the relevant tissue, separate the lower portion of the gallbladder from the liver, and confirm that only two structures are entering the gallbladder. The SAGES Safe Cholecystectomy Program identifies these steps as important safeguards against bile duct injuries.
For our malpractice lawyers, this can become one of the central questions in the case. Did the surgeon actually obtain the critical view of safety before applying clips and cutting? What does the operative report say? More importantly, what do the surgical photographs or video show, if they exist?
A surgeon can write in an operative report that the anatomy was clearly identified. That does not necessarily mean it was. We have seen plenty of malpractice cases where the surgeon’s confidence about what he was looking at was exactly the problem.
The malpractice problem arises because doctors with very different skill levels perform gallstone surgery. Remember, this is not a rare procedure. There are not a handful of skilled specialists performing this surgery. Lots of doctors do it.
When laparoscopic cholecystectomy first became widely used, surgeons rushed to learn the new technique. Early training and the learning curve were real concerns, particularly because the anatomy can look different through a laparoscope than it does in open surgery. There have also been malpractice lawsuits alleging that patients underwent unnecessary gallbladder removal procedures.
But even an experienced surgeon can encounter difficult anatomy, inflammation, scarring, or bleeding. The question is what the surgeon does when that happens. Does the surgeon slow down, obtain additional imaging, call for help, or change the surgical approach? Or does the surgeon keep cutting without knowing exactly what is being cut?
That last question is often where the malpractice case begins.
- Sample lap chole lawsuit filed in Baltimore
- Another example lap chole lawsuit
- Common defenses to bile duct injury lawsuits
- Ozempic gallbladder lawsuit
The Common Bile Duct
Certainly, the goal is to avoid cutting any duct that should not be cut, but cutting or otherwise damaging the common bile duct or common hepatic duct causes some of the most serious medical malpractice lawsuits arising from gallbladder surgery. When the bile duct is compromised, there are often no immediate symptoms.
But, eventually, bile may leak into the abdomen, which can lead to serious complications such as infection, bile collections, and peritonitis. Injuries can also lead to strictures, cholangitis, and other complications that, if not identified and carefully treated, can result in death.
If the bile duct is completely cut, normal bile drainage can be interrupted and bile may leak into the abdominal cavity, causing severe and sometimes fatal complications. Often, even in less severe cases, the compromised bile duct needs to be repaired, requiring another procedure or surgery, an extended hospital stay, and thousands of dollars in unnecessary medical bills.
Some patients require a major reconstructive operation called a Roux-en-Y hepaticojejunostomy, where the surgeon creates a new connection between the bile duct and the small intestine. Others may require drainage procedures, stents, or additional treatment before a definitive repair can safely be performed.
Is Cutting the Bile Duct Automatic Malpractice?
Not every bile duct injury is due to negligence. But many are. Courts look at whether the surgeon failed to use reasonable care, such as misidentifying the cystic duct, failing to establish the critical view of safety, or failing to use additional imaging when the circumstances required it.
Many doctors have argued that cutting or nicking the common bile duct is an inherent risk of gallbladder surgery. Dr. Josef E. Fischer, a Harvard surgeon, wrote a polemic on this subject in an editorial in the American Journal of Surgery. He lashed out at malpractice lawyers and argued that 97% of injuries during gallbladder surgery were not caused by medical negligence.
Dr. Fischer acknowledged that many surgeons disagreed with him. There is also substantial medical literature describing practical ways to reduce the risk of compromising the bile duct during surgery. The surgeon’s experience and ability to identify the anatomy matter, and so does the decision to stop when the anatomy is unclear.
Studies have examined the higher risk of bile duct injury during the surgeon’s learning curve. Bile duct injuries remain an important recognized complication of laparoscopic cholecystectomy even among experienced surgeons. The reported incidence varies depending on how the injury is defined and which patients are studied. This underscores the obvious: skill matters when a surgeon is removing a gallbladder.
Can an experienced surgeon using ordinary care cut the common bile duct? The answer is almost certainly yes. But injury from cutting the common bile duct is often the result of medical malpractice. As any malpractice lawyer will tell you, it is often the same surgeons who are “frequent flyers” in malpractice claims involving common bile duct injuries.
What can often be the larger problem in a lap chole case is what happens after the malpractice occurs. Sometimes, an injury can be recognized during the procedure and appropriately managed. But the doctor has to recognize the injury and respond properly. If the surgeon negligently ignores the signs of a bile leak or does not realize the common bile duct has been compromised, the injury might not be discovered until real damage has been done.
The timing and type of repair matter, too. The 2025 SAGES and American Hepato-Pancreato-Biliary Association guideline generally suggests delayed definitive repair, more than six weeks after injury, by an experienced hepatopancreatobiliary surgeon when appropriate. Patients may need drainage, infection control, or other treatment in the meantime. These decisions depend on the injury and the patient’s condition.
Our lawyers look closely at whether the treating surgeon recognized the problem, whether the patient was promptly evaluated, and whether the surgeon obtained appropriate assistance from a specialist experienced in bile duct reconstruction.
Bleeding Complications From Botched Gallbladder Surgery
Besides a bile duct injury, another problematic complication that often ensues when gallbladder surgery goes awry is bleeding. While minor bleeding can occur, the surgeon must control bleeding before completing the operation.
One red flag during a laparoscopic cholecystectomy is bleeding in the hepatocystic triangle, the area defined by the cystic duct, common hepatic duct, and inferior edge of the liver. This area is closely associated with the anatomy surgeons must identify before clipping and cutting.
If a doctor drops the ball and does not properly apply the surgical clips, that can lead to bleeding. Bleeding can also obscure the surgeon’s view. The danger increases if the surgeon continues dissecting without adequately identifying the structures or obtaining the assistance needed to safely complete the procedure.
There is a temptation in some difficult operations to keep going rather than acknowledge that the anatomy is unclear. That can turn a difficult gallbladder removal into a much bigger problem.
Watch a video about gallbladder surgery and bile duct injuries.
What Should You Do if Your Bile Duct Was Cut During Gallbladder Surgery?
If you suffered a bile duct injury during gallbladder surgery, the first priority is getting appropriate medical treatment. Persistent or worsening abdominal pain, fever, jaundice, vomiting, or other concerning symptoms after surgery require prompt medical attention. Some bile duct injuries are not diagnosed until days after the original procedure.
From the standpoint of investigating a possible malpractice claim, the medical records are critical. We want to know what happened during the surgery, when the injury was discovered, and what the doctors did after recognizing the problem.
Some of the most important evidence includes:
- The original operative report. What structures did the surgeon identify before clipping and cutting? Did the surgeon document obtaining the critical view of safety?
- Intraoperative photographs or video. If available, these may help show what the surgeon was actually looking at before the injury occurred.
- Cholangiogram images and reports. Was a cholangiogram performed? Did it show abnormal anatomy or an injury? Was the study interpreted correctly?
- Postoperative hospital records. When did symptoms first appear? Were there signs of infection or a bile leak? How did the treating doctors respond?
- ERCP and other imaging records. These may help establish the location and extent of the injury and how it was treated.
- Records from the repairing surgeon. If another surgeon repaired the injury, those records can be particularly revealing about what went wrong during the original operation.
One thing we have learned from handling these lawsuits is that the records from the second hospital sometimes tell you more about the first operation than the original surgeon’s report does. The surgeon performing the repair may document the precise anatomy and the damage that has already occurred.
The fact that a bile duct was injured does not automatically establish negligence. But the operative records, images, and subsequent repair can sometimes tell a very different story from the one the defense initially offers.
Valuing Common Bile Duct Injury Lawsuits
Reading over the facts and verdicts below may give you an idea of the potential settlement amount or jury payout for your case. That is why we have compiled these verdicts. But while we believe these cases illustrate the kinds of outcomes that are possible, each case is unique. Your case will present different circumstances that may alter your outcome.
It is also important to note that this compilation is not exhaustive, and we have excluded numerous cases, including defense verdicts. Our lawyers have lost bile duct injury cases. If you are a lawyer and have never lost a gallbladder malpractice case, you have not tried many of these cases.
These verdicts underscore that the key to common bile duct injury compensation is the extent of the damages, along with the strength of the negligence evidence. Thankfully, many patients recover quickly from these botched gallbladder surgery cases and do not have any permanent injuries. Malpractice lawyers struggle with these claims, trying to figure out where the bar should be in terms of how serious the injuries must be to bring a lawsuit.
Our law firm is based in Maryland, but our gallbladder injury attorneys handle these cases nationwide, working with hand-picked local attorneys in the right cases. Our lawyers have included some of these verdicts and settlements below.
Gallbladder Malpractice Settlement Amounts and Jury Payouts
Our firm tries lap chole cases in Maryland and, in the right cases, outside of Maryland, as you will see below. Many malpractice firms will not take these cases because the injuries are limited. Our malpractice lawyers know how to maximize the settlement amounts of lap chole lawsuits, and we have the settlements and the verdicts to prove it.
Most of these cases involve a bile duct or other injury while removing the gallbladder.
- Maryland, $1.5 Million Verdict (2024): A woman experienced severe abdominal pain after what was supposed to be a routine gallbladder removal surgery. Further examination revealed that a 3-centimeter fragment of her gallbladder had been left inside her, causing serious complications, including infections and ongoing pain. As a result, she required multiple additional surgeries. Medical experts testified that the retained gallbladder piece led to post-cholecystectomy complications. The defense claimed that leaving a portion of the gallbladder was a safer approach due to the patient’s anatomy. However, the jury determined that the medical team failed to meet the standard of care, resulting in a $1.5 million award for the woman.
- Georgia, $10.1 Million Verdict (2024): During gallbladder removal surgery, the doctor accidentally transected the patient’s common bile duct. The patient was then transferred to another hospital for five days. An attempt to repair the bile duct was unsuccessful due to the patient’s liver condition, leading to a recommendation to delay further surgery. In the interim, the patient had to use a feeding tube and a bile bag, which she had to manually operate multiple times a day, leading to nausea and discomfort. She suffered from sepsis several times due to infections related to the wound and tubes. The bile duct was eventually repaired, and subsequent surgeries were conducted for hernias related to the repair. A $10 million verdict was affirmed by a Georgia appellate court.
- Virginia, $1.275 Million Settlement (2022): A man underwent gallbladder surgery. He suffered a perforated bowel. The man developed an infection. He was hospitalized for an extended period. The man alleged negligence against the hospital. He claimed the staff failed to address an infection and negligently performed the gallbladder procedure. This case settled for $1,275,000.
- Maryland, $500,000 Settlement (2020): This is a classic case where the doctor failed to correctly identify our client’s biliary anatomy before clipping and cutting. This was our client, and this one settled pretty quickly.
- Oregon, $1.1 Million Settlement (2018): Our firm traveled to Oregon to work with referring counsel in Oregon to handle this lap chole case. In this case, the doctor began the operation laparoscopically but converted it to an open procedure due to the confusion after seeing adhesions. What went wrong with this gallbladder surgery was that the doctor failed to interpret an intraoperative cholangiogram correctly and failed to repeat the cholangiogram, which resulted in the transection of a very nice woman’s common bile duct.
- Maryland, $500,000 Verdict (2018): Another great client had his common hepatic duct clipped and transected during the operation, which required a subsequent Roux-en-Y repair operation. Most lap chole cases involve cutting the common bile duct. What was interesting in this case is that the defense claimed that the doctor did not cut the common bile duct. Thankfully, our client was a strong man who made a remarkable recovery without a permanent injury. A Baltimore County jury awarded him $500,000 for a few months of awful pain and suffering. The pretrial offer in the case was $200,000, which can often be the settlement amount for a botched lap chole lawsuit if your lawyer is unwilling to take your claim to trial.
More Lap Chole Settlement Amounts and Jury Payouts
- Maryland, $1,106,910.75 Verdict: An absolutely fantastic 75-year-old woman presents to the hospital to undergo a laparoscopic cholecystectomy. During the procedure, the surgeon clipped and cut her common hepatic duct. Although he realizes the error, he does not seek immediate assistance to evaluate the injury. Plaintiff remains hospitalized and, four days later, undergoes a Roux-en-Y reconstructive operation to reconnect the bile duct to her intestines. The plaintiff spends another 14 days in the hospital with months of follow-up care to monitor the drains that remain in her abdomen. Eventually, the drains are removed, and she returns to a relatively normal lifestyle. This case deserved a good gallbladder malpractice settlement. But no substantial pretrial offer was made. So our lawyers took the case to a jury and made them pay. After deliberating for one hour, the jury awards $1,106,910.75. Our law firm handled this case.
- Oregon, $225,000 Settlement: Our client, a twenty-year-old woman from Oregon, went in to have her gallbladder removed. During the procedure, which was performed laparoscopically, the surgeon clipped and cut our client’s common hepatic duct instead of clipping and cutting the cystic duct. The surgeon realized her mistake and attempted to repair the ducts before finishing the surgery. Unfortunately, the repair was not performed properly, and over the next few months, our client had to undergo several additional procedures and an additional surgery to correct the mistake. At her deposition, the surgeon admitted that she did not confirm our client’s anatomy before clipping and cutting what she believed was the cystic duct. She additionally admitted there were multiple ways she could have confirmed the anatomy before completing the surgery. This case settled for $225,000. This value is mainly based on the fact that the patient recovered well and had no permanent injury. Our law firm, Miller & Zois, handled this case.
- South Carolina, $150,000 Verdict: The plaintiff experiences severe pain after laparoscopic cholecystectomy and is treated with narcotic painkillers during an overnight hospital stay. After being admitted to the emergency room, a CT scan shows fluid in the abdomen. It is discovered that the plaintiff’s bile duct and hepatic duct are lacerated. Physicians place two stents to drain the fluid, and the plaintiff undergoes repair surgery six weeks later. The plaintiff hires a lap chole lawyer and claims the surgeon botched his gallbladder surgery by cutting the common bile and hepatic ducts. The plaintiff also suffers from ongoing eating difficulties and diarrhea because of the injuries. The defendant alleges that there is no evidence of a bile duct injury from the surgery but does not offer an explanation for the injury. The defendant disputes the plaintiff’s continuing symptoms and contends that the plaintiff’s symptoms can occur after a routine cholecystectomy. Plaintiff’s medical malpractice action asks for $119,000 in past medical expenses, $6,000 in lost wages, and damages for pain and suffering. The jury awards the plaintiff $150,000, and the hospital settles for $100,000.
- Tennessee, $175,000 Verdict: The plaintiff’s abdominal pain is linked to a gallbladder complication. The 51-year-old plaintiff successfully underwent laparoscopic surgery. Plaintiff’s pain symptoms continue and five days later, it is discovered that the first surgery created an intestinal tear that has necrosed. Because of the five-day delay, part of the plaintiff’s intestine is removed. The error ultimately results in a fistula complication.
- New Jersey, $430,000: The plaintiff undergoes laparoscopic gallbladder removal surgery. The plaintiff’s attending physician did not perform the surgery as the plaintiff anticipated. Instead, a second-year surgical resident performs the procedure. It is the first time the resident had performed this operation. Shortly after discharge, the plaintiff presents to the emergency room with abdominal bloating, abdominal pain, fever, and jaundice. The plaintiff is referred for exploratory surgery that reveals a cut to the bile duct. This allowed bile to flow into the abdominal cavity. This results in an acute septic condition and other complications in the 24-year-old patient.
- California, $250,000: After more than two years of abdominal pain, a 43-year-old plaintiff undergoes a laparoscopic cholecystectomy to remove the gallbladder. The surgeon divides the common hepatic duct instead of the cystic duct during the surgery. An intraoperative cholangiogram demonstrates the error, and the surgery is converted to an open procedure. During the elongated procedure, the gallbladder is removed, and the severed common duct is repaired by end-to-end anastomosis. The plaintiff’s malpractice lawsuit claims that the doctor failed to perform an adequate dissection of the gallbladder and surrounding tissue before severing the duct tissue.
- Ohio, $196,500: During a laparoscopic cholecystectomy surgery, the plaintiff’s common bile duct is clipped, and a portion is removed. The plaintiff, 42, undergoes additional surgery to repair the duct and an incisional hernia. In the medical malpractice lawsuit, the plaintiff alleges that the doctor failed to properly identify the cystic duct. This is an amazingly low verdict.
- South Carolina, $325,259: The plaintiff suffers from bowel perforation as a result of gallbladder surgery complications.
- Michigan, $1,800,000: During a laparoscopic gallbladder removal surgery, the woman’s hepatic duct is clipped. She suffers complications following surgery. A stent is installed to fix bile leakage. Four months after surgery, she dies from sepsis as a result of a perforated cecum. Her family hires a gallbladder malpractice lawyer who sues the doctor for wrongful death, alleging that the cecum injury occurred when the doctor clipped the right hepatic duct during the gallbladder removal.
- New Jersey, $100,000: The plaintiff, 47, undergoes gallbladder removal surgery, and during the procedure, a clamp is placed over the bile duct but is not removed. To remove the clamp, the plaintiff undergoes a second surgery that results in a large surgical scar and disfigurement.
- New York, $1,350,000: During the plaintiff’s gallbladder surgery, a surgical pad is left in the plaintiff’s body. The plaintiff, 71, suffers from infection and an abdominal abscess.
- Florida, $600,000 Verdict: A 35-year-old female plaintiff suffered a severed common bile duct and right hepatic artery while a surgeon was attempting to remove her gallbladder. The gallbladder is not removed. The plaintiff’s gallbladder is removed during a later surgery where the severed bile duct and small intestine are reconnected. An error during gallbladder surgery is a common source of medical malpractice claims, mainly because this is a common form of surgery. Most malpractice claims from gallbladder surgery occur when a surgeon does not know where the biliary ducts are on a patient and cuts where the surgeon should not be cutting.
What Is the Average Settlement Amount for a Common Bile Duct Injury Lawsuit?
Defense lawyers often try to anchor settlement negotiations for common bile duct injury cases around $300,000, particularly in Maryland. We have seen this in our own cases. The defense wants jurors to view these injuries as manageable complications rather than potentially life-altering surgical errors. But that number does not tell you what an individual case is worth.
Our malpractice lawyers regularly push for settlement demands well beyond $300,000, and for good reason. We have secured verdicts and settlements over $1 million in multiple common bile duct injury cases, especially where the injury led to long-term complications, additional surgeries, or a significant decline in the patient’s quality of life. Injuries to the common bile duct can result in chronic infections, the need for ongoing medical interventions, and permanent digestive complications. Jurors tend to respond strongly when they understand the full scope of these consequences.
Of course, not every case justifies a large settlement payout. Every claim is fact-specific. To calculate an appropriate settlement payout, you look at the extent of the injury, the clarity of the surgical error, the degree of disability or ongoing treatment required, and how well the damages can be proven. We have negotiated settlements under $300,000 and considered those outcomes strong victories based on the individual circumstances of the case.
That said, we have seen many gallbladder surgery malpractice cases that deserve compensation in the $500,000 range, and serious cases that merit more than $1 million, particularly when the injury involves a complete transection of the bile duct or irreversible damage. We have also handled cases that were worth substantially less. These figures reflect our experience, not a statistical average of all bile duct injury settlements.
The difference between a $200,000 case and a million-dollar case is often the difference between an injury that heals well after one additional procedure and an injury that requires major reconstruction, repeated hospitalizations, or leaves the patient with lasting damage. The strength of the negligence evidence matters, too.
Defense Against Malpractice Lawsuits Involving Cutting the Bile Duct
Even those that appear to be slam-dunk malpractice lawsuits for cutting the common bile duct and causing injury to the patient are routinely defended. The classic defense in these cases is the “known risk” defense, which pretends that malpractice is not possible if the injury is a known risk. But this is a nonsense defense.
What matters is whether the injury caused in the case could have been avoided by reasonable care, not whether the general injury can happen without negligence. There is a risk every time we get behind the wheel of a car.
When a driver comes across the center line on the highway and hits you head-on, will the negligent driver use the defense that accidents are a known risk when you drive a car? Is “known risk” an automatic get-out-of-jail-free card that means the driver is not obligated to take personal responsibility for the injuries they cause?
Of course not. It is overly simplistic and just plain ridiculous, and regrettably, it can work, especially when plaintiffs’ malpractice lawyers do not frame the issue properly for the jury.
Another common defense after a botched gallbladder surgery lawsuit is the “patient had unusual anatomy” or “he/she was too fat to be able to see” defense. These are slightly more saleable defenses in some cases. Unusual anatomy, severe inflammation, and poor visualization can create genuine surgical difficulties. But they are also often a reflex of surgeons being sued for malpractice.
Typically, there is nothing to suggest unusual anatomy, and no explanation is provided as to why the doctor did not attempt to use a cholangiogram or another appropriate technique to determine the correct anatomy. Just as importantly, why did the doctor continue cutting if the anatomy could not be safely identified?
That is what the defense sometimes has trouble answering. A surgeon cannot simultaneously claim that the anatomy was impossible to see and that it was reasonable to clip and cut anyway without taking appropriate precautions.
You can read in greater detail about the defenses doctors raise in bile duct malpractice lawsuits.
Getting a Lawyer for Your Cut Bile Duct Lawsuit
If your surgeon cut the common bile duct during gallbladder surgery, and it could have been prevented with reasonable care, you may have a strong malpractice case. These injuries are not always considered unavoidable.
Our malpractice lawyers handle negligent gallbladder surgery cases where the bile duct is cut or damaged during surgery, resulting in serious injury to the patient. Our clients have recovered millions of dollars in settlements and verdicts in lap chole cases in and out of Maryland and Washington, D.C.
We know how these cases are defended. We know the importance of identifying precisely what the surgeon cut, what the surgeon thought was being cut, and what could have been done to avoid the injury. And we understand that the extent of the patient’s recovery can make an enormous difference in the value of a case.
If you or a loved one suffered from complications as a result of an error or mistake during gallbladder surgery, call our malpractice lawyers at 800-553-8082 or get a free online consultation.
Additional Resources for Bile Duct Injury Lawsuits
- Video showing how these lap chole medical malpractice cases work
- Sample Expert Report in a cut common bile duct malpractice case
- Request for Admission tailored for a lap chole case
- Medical Malpractice in Maryland, an overview of Maryland medical malpractice claims
- Colonoscopy Malpractice
- Sample lap chole malpractice lawsuit filed by Miller & Zois
- Ozempic and gallbladder problems
Medical Malpractice