Bile duct injuries during surgery: How can these happen?

Bile ducts are canals that carry bile between different organs in the digestive system. Bile is necessary to break down fats and proteins when digesting food.

Bile ducts form part of the biliary system or biliary tree – the overall network of tubes that carry bile from the liver and gallbladder into the small intestine. The main bile ducts in this network include:

• The left and right hepatic ducts
• The common hepatic duct
• The cystic duct
• The common bile duct
• The Ampulla of Vater
• The Major Duodenal Papilla

The common bile duct – the largest of the body’s bile ducts – is formed where the cystic duct joins the common hepatic duct. It is the final pathway for bile to reach the small intestine, usually merging with the pancreatic duct.

It is important to note that bile is a strong acid. If bile leaks from a duct, it can cause severe damage to organs that are not designed to interact with it.

As mentioned earlier, bile duct injuries are the most common complications in laparoscopic cholecystectomy procedures, also known as gallbladder removals.

Injuries usually happen when the surgeon misidentifies the anatomy, mistaking the common bile duct for the cystic duct.

However, a bile duct injury can occur during other abdominal procedures, including:

• Open cholecystectomy
• Hepatectomy (liver resections)
• Liver transplants
• ERCP (Endoscopic Retrograde Cholangiopancreatography)
• Gastrectomy or pancreaticoduodenectomy

During these procedures, poor surgical technique around the bile duct, or failure to promptly identify problems and resolve them, can cause injuries and more serious complications.

Proving that your bile duct injury was caused by negligent treatment starts by asking three critical questions:

1. Did your healthcare provider breach their duty of care to you?
2. Did you suffer pain, injury, loss or damage during your treatment?
3. Was your injury directly caused by the breach of duty? (causation)

You must prove all three elements for a claim to be successful. 

As highly experienced clinical negligence solicitors, we will examine all available evidence and speak to relevant experts to determine if your surgeon failed to meet an acceptable standard of care, and if this was directly responsible for the injuries you sustained.

Typical evidence we will use to prove your bile duct injury claim includes:

• Medical records
• Witness statements
• Expert witness reports
• Photographs and other media
• Financial records
• Complaints correspondence

How long do I have to make a bile duct injury compensation claim?

The time limit to make a medical negligence claim is three years from the date of the injury, or from the Date of Knowledge (when someone should have been aware that they had sustained an injury).

There are exceptions to the three-year limitation period:

• If the claimant is under 18, they have until their 21st birthday to make a claim
• If the claimant lacks mental capacity, there is no time limit
• If the claimant passes away during their claim, the three-year limit restarts from their date of death

If you believe you or someone you love has a gallbladder surgery claim, we advise you to start your claim as soon as possible. This ensures that evidence and people’s memories are as fresh as possible during investigations, increasing the chances of a correct outcome.

How much compensation can I recover from a bile duct injury claim?

There is no fixed answer to this question, as compensation is calculated on a case-by-case basis, influenced by factors such as:

• Severity of the injury or loss
• Impact on daily life and ability to work
• Medical expenses
• Pain and suffering
• Duration of recovery
• The claimant’s age and circumstances

In our specific experience, we have managed bile duct injury claims ranging from £45,000 following a transection of the common bile duct, to £180,000 for wrongful clipping of the bile duct.

While we can’t promise a figure before investigating your case, we do promise to cover all bases to ensure that you recover a settlement that enables you to return to the position you should have been had you received appropriate treatment (insofar as that is possible).

How much does it cost to make a bile duct injury claim?

We understand that cost is always a concern when considering a medical negligence claim, but we believe that everyone has the right to justice, regardless of their financial situation.

As “no-win, no-fee” claims solicitors, you pay nothing upfront to access our services, and we only get paid if your claim is successful. If we don’t win your case, you don’t owe us a penny.

Our success fee will be recovered from your final settlement, and you will keep at least 75% of your compensation.