What are the most common causes of negligence during a gallbladder operation?

The majority of gallbladder operations are performed successful. However, mistakes can be made by the surgeon. 


For example, a surgeon may make an error when trying to decipher the complicated anatomy surrounding the gall bladder. This can result in metal clips (used during the procedure) being placed on the incorrect ducts, which can lead to severe and permanent damage. 


A further operation called a Roux-en-Y may then be necessary. This procedure creates a new pathway for bile to flow from the liver to the small intestine.


Who can bring a medical negligence claim?

If you have been injured as a result of negligent medical treatment you can bring the claim yourself.

You can also bring a claim if you are the next of kin of someone; who has died due to negligent medical treatment, or who cannot take action themselves as they do not have capacity, this includes children.

Will I have to go to court?

The vast majority of medical negligence claims are settled without the need of going to Court.  There are instances where claims do proceed to trial, but they are a very small minority and steps are taken where appropriate to avoid the need for going to Court.

Can you only pursue a claim against the NHS?

No, medical negligence claims can be brought against private doctors, surgeons, dentists and other health care providers, not just care or treatment received via the NHS.

How are claims valued?

You can claim compensation for any injuries or losses suffered which are a direct result of the negligent treatment. Compensation is calculated using damages that have been inccurred. This can include, but is not limited to:

·         Compensation for pain and suffering

·         Payment for ongoing treatment

·         Loss of earnings

·         The cost of extra care

·         The cost of any aids and equipment you may need

The amount that is to be awarded is of the courts discretion and comes solely down to how much a person has been injured due to the medical negligence and how their quality of life has been affected.

What type of discrimination can happen at school?
  • direct disability discrimination – for example, if a pupil is actively prevented from taking part in an activity because it is thought it is not suitable for them
  • indirect disability discrimination – if the system in effect discriminates by for example, making it harder for the person to adhere
  • discrimination arising from disability – for example, imposing a sanction on a child who broke a school rule as a direct result of their disability
  • a failure to make reasonable adjustments – for example, allowing a child to avoid noisy environments

How long does it take to get a settlement agreement?

According to Acas guidance, employers should give employees a minimum of 10 calendar days to decide whether they want to accept a Settlement Agreement and so that you can take independent legal advice on the agreement.  We try to finalise matters as quickly as possible so that there is a binding agreement in place, however, if negotiations are entered into with the employer then it could take a number of days or even weeks to finalise the document depending on how those negotiations go. 

What decisions can be challenged with a Judicial Review?
  • content of health provision in an Education Health and Care Plan 
  • content of social care provision in an Education Health and Care Plan
  • refusal to provide a Personal Budget
  • refusal to make Direct Payments
  • school Transport
  • failure to comply with an Education Health and Care Plan
  • unlawful exclusions
  • school / local authority policies
How long does a judicial review take?

An application for a judicial review must be made as soon as possible and in any event within three months of when the decision being complained about was made. It can then take between two to three months for the trial and then a decision to be made. 

What is the procedure for a judicial review?

All judicial review applications must be made in the High Court and have to be within three months of the final decision being made by the public body. You may need a lawyer to submit a formal letter setting out what it is alleged the public body has done which is thought to be unlawful, and what action it is proposed to remedy that. It is allowed for a lay person to write this letter themselves, but we recommend that you seek specialist legal advice. The organisation concerned will then be given 14 days to respond. The next step would be to make an application to the court for permission to proceed with the judicial review. 

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