Legal Opinion

Bile Duct Injuries – When Is Malpractice Involved?

The introduction of laparoscopic cholecystectomy (LC) in the U.S. as a viable and indeed the preferred alternative to the “gold standard” open cholecystectomy (OC) has brought forth a new sphere of medical negligence litigation. By far the most common source of these claims is related to injuries of the extrahepatic (outside of the liver) biliary […]

Jenny Craig Lawsuit Claims Diet Led to Gallstones

The latest Jenny Craig lawsuit claims the name-brand diet caused gallstones — about 1,000 of them, apparently, according to TMZ. Mara Shapshay, a Los Angeles-based comedian who also writes for Glamour magazine, is suing Jenny Craig after she had to have gallstones removed from her body. She also blames the company for a recent miscarriage, and for causing abdominal […]

£105,000 Compensation for Gallstone Operation Resulting in Bile Leak and Sepsis

Our client, 64 year old Tony underwent gallstone removal surgery in 2009.  After the surgery, he suffered severe pain and a few days later it was found that he had a huge bile leak.  Unsuccessful attempts to stent the leak led to a bowel perforation, as a result Tony suffered sepsis and had to be […]


LAPAROSCOPIC CHOLECYSTECTOMY … WHEN THINGS GO WRONG© AN ARTICLE BY B. KENT BUCKINGHAM, J.D., O.D. E-mail address is Reprinted from TRIAL Magazine. Biliary duct injuries caused by surgeons can be devastating–and sometimes fatal–to people who undergo gallbladder surgery. Biliary injury is the greatest problem besetting one of the greatest advances in biliary operation during this century, the […]

Five Steps To Avoid Litigation From Lap Cholecystectomy – Surgeons perspective

by Arnold Seid, MD After almost two decades of experience with laparoscopic cholecystectomy (LC), the literature continues to report a disappointingly high incidence of bile duct injury (BDI). Despite extensive residency training in the operation and many articles addressing this problem, we surgeons continue to see a BDI rate of about one case for every […]

Variations in Consenting Practice for Laparoscopic Cholecystectomy

Ann R Coll Surg Engl. Sep 2006; 88(5): 482–485. doi:  10.1308/003588406X114857 PMCID: PMC1964677 Variations in Consenting Practice for Laparoscopic Cholecystectomy AM Chen,* DR Leff,* J Simpson, SJD Chadwick, and PJ McDonald INTRODUCTION To compare the variations in consenting practice amongst trainees and consultant surgeons for laparoscopic cholecystectomy with specific reference to the documentation of significant risks of surgery. PATIENTS AND METHODS […]

Informed Consent – Medical negligence case

Note: This motion in limine involves an annoying attempt by defense counsel to suggest to the jury that the plaintiff assumed the risk of the injury because it is on the consent form. “You knew you could suffer this injury before you had the operation, right?” Well, you also know someone might come across the […]