Claims for damages due to bile-duct injury following laparoscopic cholecystectomy: some legal remarks

• Published in: Nederlands tijdschrift voor geneeskunde Vol. 151; no. 31; p. 1713
• Main Author: Gevers, J K M
• Format: Journal Article
• Language: Dutch
• Published: Netherlands 04.08.2007
• Subjects: Bile Ducts - injuries; Cholecystectomy, Laparoscopic - adverse effects; Clinical Competence; Humans; Malpractice; Medical Errors; Netherlands; Postoperative Complications - epidemiology; Risk Factors; Netherlands
• ISSN: 0028-2162

Of 278 patients who were referred to a tertiary centre because of a bile-duct injury incurred during a laparoscopic cholecystectomy, 19% had sued the doctor or hospital involved. This percentage is relatively low compared with data from the US, and also if compared with the much larger group of patients who believe that their injury was due to medical negligence. When patients perceive their injury in this way, malpractice litigation is not the only option available to them; they can also lodge a complaint with the hospital's complaint committee or with the medical disciplinary board. If such complaints are found justified, this increases the chance of a settlement without court proceedings. Patients should be informed about the possibility of bile-duct injury during laparoscopic cholecystectomy. Apart from the legal obligation to do so, an informed patient will be less inclined to attribute the injury automatically to a medical error. Finally, the high number of complications and claims justifies further debate on whether a no-fault compensation system is to be preferred over the present system of compensation based on medical negligence.