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Laparoscopic Gallbladder Surgery Error?

From what I can tell, the doctor performing my laparoscopic gallbladder cholecystectomy mistakenly cut open my bile duct because it’s shaped a little differently and the surgeon did not recognize it to be my common bile duct. I sufferred tremendously as a result of this mistake and was forced to endure the pain and expense of more surgeries. Do I have a case?

A: It depends on the precise facts of your case, but transecting, or cutting, the wrong bile duct in a laparoscopic gallbladder surgery has been one of the most common surgical malpractice events for some time now. You very well could have a valid medical malpractice claim.

Doctors and surgeons have a duty to identify the organs they are operating on before they make incisions. In addition, variations in anatomy mean that in some cases surgeons should take additional measures to identify which organ or anatomical structure is the correct one.

One such procedure that surgeons can perform to identify proper organs in a gallbladder surgery is a cholangiography, which is the medical term for looking at the bile duct using x-rays. This procedure could have alerted your surgeon to the fact that he or she was about to cut the wrong organ.

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