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However, as time went on, scopes were developed that allowed doctors to see inside the body without being too invasive. As a result, laparoscopic surgeries began occurring. These surgeries involve numerous small incisions that allow a tube and video camera to be inserted into your belly; from there, the doctor operates outside the body, controlling the tools inside to remove the gallbladder. Nowadays, 9 out of 10 surgeries on the gallbladder are complete laparoscopically.In order for you to have a medical malpractice case, you must be able to show four points of negligence. These negligence points are present in all lawsuits related to personal injury, and they are only slightly tweaked for medical malpractice. They are as follows: You must have established that you are owed a duty of care by the doctor or hospital in the form of a doctor/patient relationship. This means that the doctor must be caring for you, is your primary physician, is the one completing the surgery, and more. You could have a duty of care without an explicit agreement; for example, if you were rushed to the emergency room and did not have the ability to agree to being seen by a specific doctor, the one who performs the surgery will have a duty of care towards you. Simply receiving medical advice, for instance, is not being owed a duty of care if something were to go wrong. Every year over 500,000 gallbladder surgical procedures are performed in the United States; with more that 80% of them being performed using the Laparoscopic system. Unfortunately many gallbladder procedures are negligently performed by practicing surgeons resulting in serious medical emergencies and injuries to the patient. Victims who have suffered injuries resulting from a botched gallbladder surgery using the laparoscopic method are entitled to monetary compensation form all at fault parties including the practicing physician, nurses and hospital staff assisting in the procedure and manufacturers or Laparoscopic medical devices. The duty of care must have been breached in some way. The doctor may have performed the wrong surgery, refused to sterilize equipment, or acted in a way that another suitable and accredited doctor would not have acted. This is a key point: other doctors will back up whether or not the doctor in question’s actions were reasonable or unreasonable. The breach of duty must have led to an accident or incident of some kind that caused injuries. These additional injuries can be any number of problems that would not have occurred had the doctor been more careful. The injuries must have lasting or specific damages. If there are no ill effects from the injuries, it is hard to argue for medical malpractice. For example, an internal burn caused by cauterization may not be severe enough that the patient even becomes aware that it happened. There would likely be mild discomfort, but so long as no infections happen, there would be no specific or lasting injuries.
The gallbladder is a small balloon shaped organ located below the liver with the primary function to store bile used by intestine to digest food. In some instances gallstones, small calcified deposits, form and block the bile duct which lead from the gallbladder to the intestines. In some severe cases gallstones the recommended course of action is to have the gallbladder removed via surgery. Currently most gallbladder surgeries are performed laparoscopically referred to in the medical community as laparoscopic cholecystectomy or lap chole procedure. The injury part is crucial – if you were not actually harmed in the surgery, you will be unable to file a claim for medical malpractice.
The statute of limitations for medical malpractice cases is one year from the discovery of the injury or three years from the date of the injury. This means that if you discover you were hurt, you have one year from that date to file a claim; if you do not discover it in the first year, you have three years from the time the injury took place to take legal action. This statute is important to adhere to, as it dictates when you can actually sue and when you will be barred from doing so. You may be able to have the statute extended depending on the circumstances, however. For instance, if you were a minor at the time of the surgery and you were harmed, you could have the time limit begin counting down once you turned 18 years old. Additionally, the doctor could have left the state, which would freeze the deadline until he returned.
Gallbladder malpractice lawsuits often pull in well over $250,000 in compensation. This is due to the large amount of medical expenses that can rack up. However, it should be noted that with medical malpractice claims, pain and suffering damages are limited to $250,000. This is important, as the highest settlements in personal injury cases usually result from these damages. There is no upward cap on medical expenses, however. Complications caused by botched Gallbladder Surgery: Failed Gallbladder removal procedures can result in serious medical condition inflicting great pain and suffering on its victims. Some common medical conditions associated with gallbladder surgery malpractice include:
Learn more about your legal options: call (855) 339-8879 to speak with a representative now.
– Botched Hemorrhoid Surgery
– Botched Circumcision Surgery
– Botched Gallbladder Surgery
– Botched Epidural Injection
– Botched Plastic Surgery
– Botched Hip Replacement Surgery
– Laparoscopy Surgery Injury Attorney
– Botched Bris Attorney
– Botched C-Section surgery
With the help of our expert lawyers at the Downtown LA Law Group, you could receive various types of compensation for your medical malpractice claim. We will do our best to ensure that you are fully covered for the injuries you suffered from the surgery and anything afterward. You may be able to secure coverage for:
Further, if a loved one or family member passed away during the surgery or as a result of complications from the surgery, we can fight for wrongful death expenses. These expenses will cover funeral and burial costs, loss of consortium, pre-death medical bills and pain and suffering, loss of expected savings and inheritance, and more.
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Medical malpractice claims are difficult to litigate requiring analysis of hundreds if not thousands of pages of data and medical records and stern resistance from defense council and the medical doctors they are defending. If you have any further questions and would like to speak to one of our attorneys regarding your claim call (855) 339-8879
Downtown LA Law Group in Los Angeles is one of the top-rated law firms in the city. We have years of experience handling medical malpractice claims and we have secured hundreds of thousands of dollars for our clients who have suffered injuries during gallbladder surgery. We know that you may find it difficult to file a claim by yourself, and we will dedicate ourselves to winning your case for you. If the hospital’s insurance company refuses to pay out a satisfactory settlement, our aggressive lawyers will take your case to court. Call our firm to set up a free legal consultation with a qualified lawyer. We invite you to ask us any questions you like about the legal process and how viable your lawsuit is. We will also tell you what we believe it is worth and how we will help. All of our consultations are confidential; none of your case information will be shared elsewhere. If you hire us to represent you, we’ll give you our zero fee guarantee, which promises that you won’t pay any out of pocket expenses for our services. We will get paid if and only if we win, and the fees will be covered by the settlement we win for you, so the hospital will be responsible for the legal bills. If we lose, you will be off the hook and not owe us anything whatsoever. Don’t hesitate to reach out to Downtown LA Law Group for more assistance with your gallbladder surgery medical malpractice lawsuit.
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