- If the bile duct injury was caused by poor surgical technique then a claim may be possible. An example could be failing to properly protect the duct during surgery, leading to it be being damaged.
Injuries can occur in multiple different ways including dislodged surgical clips or tearing. A severe bile duct injury can occur if the common bile duct is mistaken for the cystic duct and transected (cut). According to the BJS article laparoscopic cholecystectomy can be a complex operation and this can be worsened where there have been delays in treatment. The surgery should never be considered simple or routine. It requires an ‘experienced UGI surgeon or supervision by a Consultant’.
WSES guidelines highlight the importance of an exhaustive preoperative work-up prior to cholecystectomy in order to detect risk factors and choose the best surgical approach. There are increased risks where there is inflammation present.
- Early recognition of a bile duct injury is very important as surgical repair may be needed, potentially by way of open surgery.
Symptoms of such an injury post operatively can include fever, abdominal pain and nausea. A bile duct stricture can develop which causes a narrowing of the duct due to scar formation. This prevents the bile from properly draining into the intestine and it can then enter the bloodstream causing jaundice.
If the bile duct injury should have been recognised during surgery or shortly afterwards but was not, then there may be a claim. The longer the delay, the more unwell a patient may become. Correct management is vital.
- Additionally, if the bile duct injury is recognised but not treated correctly then a claim may be possible.
- Even if an injury was not caused by a problem with surgical negligence, and came about as a recognised risk of the surgery, there may still be grounds for a claim if a patient was not properly informed about the risk. Such claims are complex and it would need to be shown that had the patient been given full information they would not have proceeded with the surgery at that time or at all. There is more information about claims for a lack of informed consent here.
Further information
If you have any questions regarding this blog, please contact Sharon Burkill or Kirsty Allen in our Medical Negligence & Personal Injury team.
About the authorS
Sharon Burkill has undertaken a wide variety of medical negligence cases over the past 20+ years; her main areas of specialism include investigating negligence claims arising at or around the time of birth, or during neonatal care, and she regularly represents both parents and injured babies/children following a diagnosis of cerebral palsy, or other acquired brain injuries.
Kirsty Allen is a highly experienced medical negligence solicitor who undertakes a wide variety of cases with particular specialisms in child cerebral palsy and adult brain injury cases, fatal claims, loss of sight cases, as well as failure to diagnose cancer and gynaecological claims.
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