THE TYPE OF CASE WE DO

£117,500 following damage to bile duct during routine laparoscopic cholecystectomy.

R v Royal Liverpool & Broadgreen NHS Trust (2002)

Aged 63 R underwent routine laparoscopic cholecystectomy during which his common bile duct was severed (rather than cystic duct).

8 days later investigation demonstrated the injury and R underwent reconstructive surgery.

R suffered repeat episodes of cholitis and required admission to the intensive care unit, and dilatation of biliary stricture.

R suffered psychologically due to his injury. R had a 10% risk of his condition deteriorating such that he required a liver transplant.

BREACH OF DUTY

Liability was disputed. At trial the Court found that the surgeon should have abandoned the laparoscopic procedure converting to an open procedure before removing the gall bladder and that had he done so the anatomy would have been properly identified and damage to the bile duct and subsequent complications avoided.

OUTCOME

Compensation was agreed at £117,500