Gallbladder Surgery Malpractice Lawsuit Results in $1.1M Jury Award

  • Written by: Staff Writers

A Maryland woman was awarded $1.1 million last month for medical malpractice during a gallbladder removal surgery that resulted in severe internal injuries. 

Phyllis Rode, 79, filed the Baltimore medical malpractice lawsuit against Dr. Chiau-Wen Hsiao, a general surgeon from Franklin Square Hospital Center, alleging that the surgeon cut her hepatic duct while removing her gallbladder.

The gallbladder assists the body in the digestive process and stores bile produced by the liver. As a result of the severed bile duct, Rode had to undergo additional surgeries, was hospitalized in intensive care for 10 days, and had to wear tubes that drained the ducts for 10 months.

Hsia claimed that the severed duct is a known potential complication of gallbladder surgery and said that Rode had given consent. His attorneys have filed a motion for a new trial, saying that evidence of Rode’s informed consent was wrongly excluded from the trial. Rode’s malpractice attorneys, from the prominent law firm Miller and Zois, argued that consent is irrelevant when the doctor failed to meet expected standards of care.

Severed or punctured bile ducts during gallbladder surgery are a fairly common complication that can be caused by a medical mistake. It is one of the leading causes of medical malpractice lawsuits, since certain steps can be taken by the surgeon to reduce the risk of a severed duct during gallbladder surgery. When the proper degree of medical care is not followed, the doctor may be held liable for malpractice during gallbladder surgery.

Although the jury awarded Rode $106,000 in medical expenses and $1 million in pain and suffering damages, the Maryland damage cap will limit the non-economic damages to $665,000, according to a report in the Maryland Daily Record.

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  1. literica Reply

    Still having bad pains after surgery fives years later abdominal pains.

  2. Janandel Reply

    I had gallbladder surgery five years ago. And I still have pain in the removed gallbladder area. My digestive system does not work any better. I still have pain after. 5 years. !!

  3. patricia Reply

    Gall bladder removed cut bile ducts I had leakage everywhere I laid in a hospital for four days without any pain control a nightmare finally transferred to another hospital after a different dr tried to fix and couldnt. After getting to other hospital I and another Dr fixed leak and I was at least out of horrible pain. A lot more to story just too weak to contain I’m sick and very angry

  4. Elvira Reply

    I cannot forget this happen to me after my gallbladder surgery. Its the worst day of my life. In and out of the hospital. The pain and suffering is unforgettable. I have a jp drain attached on my side and the leakage wasnt stop until after several months

  5. Joe Reply

    Lap chose surgerie3 surgeries later 8 days in hospital 2 calaped lungs

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