A male patient with a diseased gallbladder underwent a laparoscopic cholecystectomy performed by a surgeon. After the operation, the surgeon assured the patient of the procedure’s success but failed to disclose or document suspected complications involving the patient’s bile duct. When the patient’s health began to deteriorate, prompting an earlier-than-scheduled post-surgery visit, the surgeon maintained his reassurances.
However, days later, the patient’s jaundiced appearance led him to seek emergency medical care, where critical liver issues were identified. Despite the worsening condition, no substantial treatment was provided. A subsequent transfer to another hospital revealed a grave error: the surgeon had mistakenly cut and clipped the patient’s common bile duct and caused damage to the hepatic artery, significantly reducing blood flow to a portion of the liver. The damage was irreversible, necessitating a liver transplant to save the patient’s life.
Our firm’s investigation uncovered that the surgeon had suspected a bile duct injury during the procedure but failed to document or act on these suspicions. Additionally, a potential referral for a necessary diagnostic test was never made, a particularly concerning oversight given the original hospital’s lack of capability to perform such tests. Our firm pursued a medical malpractice claim on grounds of surgical negligence and failure to diagnose, successfully securing a substantial seven-figure settlement for the patient.
Type of Medical Malpractice: Surgical Negligence and Failure to Diagnose
Standard of Care Issues:
- Proper documentation of suspected surgical complications
- Timely diagnosis and management of post-surgical complications
- Immediate referrals for essential diagnostic tests and specialized assessments