Gallbladder Disease and Gall Stones Misdiagnosis Claims

The main symptom of gallstones is acute abdominal pain.  According to the NHS, gallstone pain can last between 1 and 5 hours and is commonly felt in the centre of the tummy just under the ribs on the right-hand side.  Typically, the pain is continuous and is not alleviated by going to the toilet, passing wind or being sick.  The pain may be accompanied by excessive sweating and feeling sick or vomiting.

Consuming fatty foods may trigger gallstone related pain.

Those with gallstones may experience an episode of pain which lifts and then returns weeks or months later.

If gallstones start to obstruct the flow of bile for longer periods or move into other organs such as the pancreas or small bowel, other symptoms may occur, including:

• a high temperature of 38C or above
• more persistent pain
• a rapid heartbeat
• yellowing of the skin and whites of the eyes (jaundice)
• itchy skin
• diarrhoea
• chills or shivering attacks
• confusion
• loss of appetite

In some cases, gallstones can lead to a medical emergency, requiring a laparoscopic cholecystectomy (removal of the gallbladder using keyhole surgery).

Poor or delayed treatment can also result in:

• Excruciating pain for an extended period
• Peritonitis – whereby the inside lining of the abdomen becomes inflamed
• Acute cholecystitis – inflammation of the gallbladder
• Jaundice – characterised by yellowing of the skin and eyes if a gallstone blocks the bile duct
• Acute cholangitis – infection of the bile duct
• Acute pancreatitis – a severe inflammation of the pancreas (a life-threatening condition if not treated quickly)
• Gallstone ileus – where the bowel becomes obstructed by a gallstone
• Injuries to the bowel, intestines and blood vessels
• Necrosis/death of the gallbladder
• Septicaemia if infection spreads to the blood
• ‘Porcelain gallbladder’ – whereby the gallbladder becomes calcified and cannot pump bile out into the intestines
• A greater risk of gallbladder cancer and bile duct cancer

Patients may also suffer as a result of:

• Highly invasive surgery
• More aggressive treatment
• Increased recovery time
• Damage to other parts of the body
• Permanent disability
• Psychological trauma

Beyond the impact to the physical and mental wellbeing of the patient, failure to diagnose gallstones can lead to loss of income, and in some cases, the inability to return to a career, be independent, and look after the needs of the family.

To make a compensation claim, speak to one of our gallbladder compensation solicitors.  They will take the time to listen to the details of your case in an empathic and caring manner and advise if you have grounds for a claim.  To do so, they will assess whether there was a breach of the duty of care, and whether breaching the duty of care caused your injuries.  If this can be established, and can be backed up with evidence, you will most likely have a strong case for compensation.

Your Solicitor will handle your case for you, including collating the necessary evidence (including medical records and correspondence) and will write to the organisation responsible for your care laying out the grounds for your claim.

Yes; the ‘limitation’ period to bring a claim for medical negligence is generally three years from the incident, or date of knowledge of the injury.  This means that if you became aware of the injury or diagnosis weeks, months, or even years later, the three-year period may commence from that point.  In rare circumstances, the Court may use its discretion to extend the limitation period, but only for exceptional reasons, so it is important to contact us as soon as possible.

Yes; Devonshires Claims can provide:

• ‘No Win No Fee’ gallbladder compensation claims service.
• ‘No Win No Fee’ arrangement is also known as a ‘Conditional Fee Agreement’. Under a No Win No Fee agreement, you will not be charged any costs if your case is not successful*.

If you win your case, there will be a deduction from your damages**.

Medical negligence injury claims are rarely completed quickly.  The timescale for a gallbladder injury claim will depend on individual circumstances of your case; however, most cases commonly take between two and three years to fully conclude.  Factors which will affect how long your claim takes may include:

• how severely you were injured
• the prognosis
• whether ongoing care is required
• how much rehabilitation is needed
• whether you require costs to cover home modifications
• Whether the defendant admits liability (if they do, claims can usually be concluded much faster).

Compensation claims for gallbladder / bile duct medical negligence not only reflect the physical and mental pain and suffering experienced but also:

• Allow victims to obtain justice for the mistreatment and negligence they experienced
• Highlight failings in clinical practice, standards of care and protocols
• Provide families with an explanation of the incident and an apology if shortcomings are acknowledged

Your compensation payment will depend on several factors:

• Your pain and suffering
• Your prognosis
• The impact of the delay and / or negligence on health and your quality of life – including current and future care requirements, medical aids, home adaptations or other necessary assistance
• Any financial losses you have experienced as a result of the injuries – including past loss of earnings, medical expenses, travel expenses and equipment costs
• Any future financial losses, e.g. loss of earnings, loss of promotion prospects, pension

Compensation for medical negligence injury fall into two main categories:

• General compensation (General Damages): this includes compensation for pain and suffering and the impact of the injury on lifestyle and quality of life.
• Financial losses and expenses (Special Damages): these include the costs associated with private treatment, care support, travel expenses, other medical expenses, specialist equipment and loss of income.