Accidental injury to the common bile duct — the structure that drains bile from the liver to the intestine — is the most serious complication of laparoscopic cholecystectomy (keyhole gallbladder removal surgery). It occurs in approximately 1–2 in 1,000 laparoscopic cholecystectomies. Where it results from a failure of surgical technique below the required standard — or from failure to identify and convert to open surgery when anatomy was unclear — and the patient suffers bile leakage, jaundice, biliary stricture, and prolonged illness, a claim may be available.
Why bile duct injuries occur and when they are negligent
- Misidentification of anatomy — the common bile duct is mistaken for the cystic duct and divided
- Failure to achieve the "critical view of safety" before dividing any structure
- Failure to convert from laparoscopic to open surgery when anatomy is unclear or adhesions make safe identification impossible
- Thermal injury from diathermy causing a delayed bile duct stricture
- Failure to identify a bile duct injury at the time of surgery or promptly post-operatively
Harm from bile duct injury
- Bile peritonitis from leakage — requiring emergency surgery
- Jaundice and liver damage from biliary obstruction
- Recurrent cholangitis (bile duct infection)
- Biliary stricture requiring long-term management with stents or surgical reconstruction (hepaticojejunostomy)
- Liver cirrhosis in severe cases from chronic obstruction
- Multiple re-operations and prolonged recovery
SCRIPT 70 — Bladder Injury, Keyhole Surgery, Feeding Tube, Catheter Guidewire, Lens Replacement, and ERCP Claims
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Frequently asked questions
Can I claim if my bile duct was cut during gallbladder surgery?
Possibly — if the injury occurred because the surgeon failed to achieve adequate visualisation of the anatomy before dividing any structure, or failed to convert to open surgery when safe identification was not possible laparoscopically.
Can I claim if the bile duct injury was not identified during surgery?
Yes. Even where the initial injury may not be negligent, failure to identify it — through failure to perform an intraoperative cholangiogram where indicated, or failure to recognise post-operative signs of bile leakage — may give rise to a separate negligence claim.