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

  6. Myra Reply

    I have seen 6 doctors since December and all 6 are in shock to what I y been through. I’m in shock at what I’ve been through. It’s like an unreal nightmare to realize all these complications can come from a gallbladder

    I’ll try to make this brief. But seriously it’s unreal and would take a lengthy explanation to go in full

    I’ll start in the middle
    Late summer I started with indigestion saw a GI in September that’s as fast as I could get in
    Fast forward after a bunch of tests
    Bad labs for 3 months I’m having bad abdominal pain
    I go see a regular family dr and beg for a CT
    The CT shows I’m eat up with CANCER!!!!!!!!
    So I’m sent to oncologist all kinds of tests even a colonoscopy
    Such joy
    2 surgeries of which one I was sent to Emory university to a specialist
    Now I’m being told I probably have less than a year to live!!!!!
    Have a hospitalization of 6 days excruciating pain
    Of which I was given so much pain medication I can barely remember that week
    3 doctors are telling my boyfriend and mother I’ll probably die in 6 months
    I’ve finally found out I’m not dying of cancer this is all infection from a botched gallbladder over a year ago
    And now I’m still going to have to have another surgery!!!!

    I went to an ER a little over a year ago with my gallbladder
    Twice in a month
    Bile duct full of stones and gallbladder infected
    I was told yesterday that ER should have never sent me home with a blocked bile duct much less twice

    After the second time being sent home I contacted a surgeon myself
    Same hospital group
    He removed my gallbladder laparoscopic
    It fell apart
    He should have done a full open after seeing its condition I’m told

    About 6 weeks after the gallbladder surgery I developed a life threatening intra abdominal abscess ( it was wrapped around my liver intestines)and was emergency admitted and had surgery to drain the abscess had a drain tube for 3 days
    The surgeon told me it had nothing to do with the gallbladder surgery but now I’m told yes

    I never felt better and asked for another ct to check that abscess
    The surgeon did and told me it was fine !!!!

    I have now called the radiology dept and asked them to read that CT again because I’m obviously not fine
    I was told the original report stated there was still inflammation and fluid in the abdomen

    What kind of hiring practices does that hospital have?????!!!!!

    What do you think of my case??

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