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Rochester, NY Gallbladder Removal Error Lawyer

People who suffer gallstone attacks and the severe pain that comes with them often also undergo gallbladder removal surgery, a procedure medical professionals call cholecystectomy. Today, laparoscopic surgery – one involving small incisions for insertion of a scope and surgical tools – is by far the most common method of gallbladder removal.

Did You Experience Laparoscopic Surgery Complications?

Gallbladder surgery is performed on hundreds of thousands of patients in the U.S. each year, and the rate of success without serious complications is very high. In a small number of cases, however, surgical errors and resulting complications can be severe and life-threatening. There may be times when such procedures were performed by doctors without the necessary qualifications, or in rural hospitals that do not possess the proper equipment or adequate facilities to ensure the highest level of surgical patient safety and success.

Did a Doctor Cut the Common Bile Duct or Fail to Address Serious Complications?

Gallbladder removal surgery requires the cutting of the cystic duct and proper sealing of that duct while protecting the common bile duct. Potentially catastrophic mistakes that may constitute medical malpractice include:

  • Mistakenly cutting or nicking the common bile duct, which is the tube connecting the liver and gallbladder to the small intestine, leading to bile being released into the abdomen
  • Failing to recognize that the common bile duct has been cut or nicked and perform all necessary procedures to repair the damage and prevent life-threatening complications
  • Bowel perforation, a less common but serious complication of this and other laparoscopic procedures

The medical malpractice team at Kammholz Law has successful experience handling gallbladder removal malpractice cases. Working together with qualified medical experts, we have the knowledge to determine whether transection of the common bile duct or a failure to address complications justifies a medical malpractice claim. Further, we understand how to value all damages suffered by the victim and their family, and, most importantly, at aggressively pursuing maximum compensation.

If you or a loved one suffered an injury during a gallbladder surgery, we at Kammholz Law can help pursue financial compensation for any past, present and, even, future losses and damages relating to your injury. Our legal team excels in the complex investigations of medical malpractice and negligence.

We are a Rochester-based medical malpractice/negligence law firm that is knowledgeable, experienced, compassionate and dedicated to helping people just like you. We will put our nearly 35 years of experience to work, determining who is responsible and holding them accountable to ensure your highest level of compensation for your injuries while also delivering you peace of mind. You are not a number, you are a highly valued client, who is seeking financial and oftentimes, emotional recovery from the serious injuries you have suffered.

Statute of Limitations for Gallbladder Removal Error Claim

It is in your best interest to immediately start the investigation into whether you have a valid medical malpractice/negligence claim.

There are time limits called “statutes of limitations” on how long you have to file a medical malpractice/negligence claim in New York. You must bring a formal lawsuit before the statute of limitations expires or you will be forever barred from doing so.

The statute of limitations for your claim depends on a number of factors, including who the negligent party is, the type of malpractice/negligence, the age of the injured patient, and whether the patient passed away as a result of the malpractice.

In addition, some hospitals and medical facilities are owned and operated by a City, a County or even the State of New York. In these circumstances, you will be required to serve a “Notice of Claim” before starting your lawsuit. Similarly, hospitals and medical facilities that are owned or funded by the United States have special rules under the Federal Tort Claims Act (FTCA) for medical malpractice claims.

Determining the applicable time frame can be confusing so contact Kammholz Law to determine whether you have a claim and what the applicable statute of limitations is. We are here to help!

Let Us Take It From Here! FREE Consultation!

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Paying For Your Personal Injury Case

We Get Paid Only When You Get Paid

There is no cost to find out whether you have a valid claim. There is also no cost to actually pursuing a claim, should you have one. If there is a successful outcome, we receive our costs and a percentage of what you receive called a contingency fee.

New York’s Judiciary Law Section 474-A, sets the amount of the contingency fee for medical malpractice based upon a “sliding scale” starting at 30% and reducing to as little as 10% depending upon the amount of the recovery. Specifically, the attorney’s fee is 30% on the first $250,000 of the sum recovered. On the next $250,000 recovered, the fee is 25%. On the next $500,000 recovered the fee is 20%. On the next $250,000 recovered the fee is 15%. After that, on any amount recovered over $1,250,000, the fee is 10%. Percentages are calculated on the net amount after expenses and disbursements are deducted. Expenses are costs such as medical expert reviews/testimony, court filing fees, medical records and other costs to properly pursue the claim.

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