When the common bile duct is injured during a gallbladder removal, the actions of the doctor take center stage.
Many patients who are faced with this type of injury are sometimes wondering how can a doctor even try to defend something like this.
“I mean he cut my bile duct!”
What one has to remember is that in any medical malpractice case in Maryland the person bringing the suit must be able to deal with the standard of care.
What this means is that to be successful one must be able to show through expert testimony that the treating doctor breached the standard of care owed to the patient at the time of the treatment or medical procedure.
This is why it is very important to see what did the doctor do, or fail to do during the gallbladder surgery.
If the doctor injures the common bile duct and does not notice the injury, does nothing to try and repair the damage done, and just closes the patient up and sends them on their way, a strong argument can be made that this particular doctor breached the standard of care.
On the other hand, if the doctor did notice the injury and did everything that they could to fix and repair the bile duct injury right away, the doctor will defend and argue that there was no departure from the standard of care because the doctor noticed the injury and tried to rectify the situation.
To speak with someone further about these issues, and whether your gallbladder injury is the result of medical malpractice, this is what we invite you to do if your matter happened in Maryland.
Pick up the phone and give us a call.
We can be reached at 301-850-4832.
We answer Maryland medical malpractice questions like yours all the time and we would be glad to listen to your story.