Negligence After Gallbladder Surgery Leads to £90,000 Settlement

The Incident

Our client was initially admitted to James Cook University Hospital with severe right upper quadrant and epigastric pain. An ultrasound scan revealed a 2cm gallstone in the gallbladder neck and mobile biliary sludge. Following this, her GP referred her to a General Surgeon.

Two months later, she attended an appointment an OGD and MRCP were performed, revealing cholelithiasis, and she was listed for a laparoscopic cholecystectomy.

Three months later, our client underwent the laparoscopic cholecystectomy as part of a waiting list initiative. Risks, including bile duct injury, bile leak, and infection, were outlined in the consent form. During the surgery, multiple adhesions and bleeding from the gallbladder bed were noted, but the procedure was reportedly uncomplicated. She was discharged the same day, despite sublingual bleeding from the wound.

Five days after surgery, she was readmitted to A&E with severe pain. A CT scan indicated a biliary leak due to the cholecystectomy. It was found that during the course of the procedure undergone by the Claimant 5 days earlier, that excessive force was used when pulling on the structures, and this caused a Starsberg type D category injury – lateral injury to the bile duct causing it to lacerate and subsequently to leak bile as pressure inside the bile duct increased. Emergency surgery was performed three days later, revealing ongoing bile leakage at the cystic duct stump and CBD junction. A T-tube and drain were fitted, and she was discharged with instructions to keep the T-tube in place for eight weeks.

Over the next several months, our client underwent multiple follow-up procedures, including a T-tube cholangiogram, a liver CT scan, and a MRCP, which eventually confirmed no evidence of bile leakage or retained stones. The T-tube was removed without complication.

The Impact on Our Client

The negligence and subsequent complications caused significant physical, emotional, and social challenges:

• Prolonged Pain and Recovery: Our client experienced ongoing dyspeptic symptoms, scarring, and an extended period of pain and loss of amenity.
• Lifestyle Changes: She could no longer enjoy activities like walking, gardening, and yoga. Driving and bending over caused pain, requiring her husband and family to assist with daily tasks.
• Missed Life Events: She was unable to attend a friend’s wedding in Las Vegas due to her condition.
• Emotional Strain: She suffered disrupted sleep, low moods, and feelings of being a burden to her family. This strain led to the eventual separation from her husband in 2023.
• Dependency: Her husband took two weeks of unpaid leave to care for her during an infection and frequently changed her dressings.

The Case

After the incident, the client contacted Fletchers Solicitors for legal representation. Solicitor Kinga Dadan and Associate Katie Parr handled the claim, uncovering significant failings in the defendant’s duty of care.

The Outcome

Kinga Dadan and Katie Parr successfully secured a settlement of £90,000 for our client. This compensation covers:

• Costs of future care and assistance
• Loss of earnings
• Essential items to improve her quality of life, such as bed rails and a wheelchair pressure cushion

With the settlement, our client can focus on rebuilding her life and managing the ongoing impact of the negligence she endured.