§ GUIDE · GALLBLADDER SURGERY

Gallbladder surgery went wrong,
or gallstones were left too long.

Keyhole gallbladder removal is one of the most common operations in the NHS, and injury to the bile duct is its best-known complication. The courts do not treat the injury as negligence by itself. They ask what the surgeon saw, what happened when you came back unwell, and whether a delay before surgery or ERCP let a treatable problem become a dangerous one.

Judgments read

4

Claimant succeeded

2 of 4

Thomas v Curley: award

£92,391

Alexander (ERCP): agreed

£550,000

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§ BEFORE YOU GO FURTHER

For a gallbladder claim to get anywhere, these things usually need to be true

  • Your bile duct was cut or injured during gallbladder removal, or a bile leak after the operation was not recognised when you came back in pain, feverish or jaundiced.
  • Or gallstones were diagnosed and the referral or operation was never arranged, and pancreatitis, an infected bile duct or a blockage followed.
  • You can point to what should have happened: the anatomy was identified and still injured, a preventive drug was not given, or warning signs after surgery were not investigated.
  • The consequences are lasting: reconstruction surgery, a stent or drain for months, liver damage, or a long hospital stay.
  • It happened within the last three years, or you only recently learned that care fell short.

Saunders and Ward are included for the other side of the line: a serious complication after abdominal surgery was found to be an unavoidable event rather than an error, and both claims failed.

§ 01

The bile duct injury the Court of Appeal upheld.

Thomas v Curley [2013] EWCA Civ 117 is the gallbladder judgment to read first. Mrs Thomas's bile duct was injured during keyhole removal of her gallbladder. When she was readmitted unwell, the surgeon also failed to arrange fluid and kidney monitoring. The trial judge found both failures negligent and awarded £92,391. The surgeon appealed on every ground and the Court of Appeal dismissed the appeal.

The point the case makes is a careful one. A bile duct injury during this operation is not automatically negligent, because it can happen with competent surgery. But where the anatomy was recognised and the injury still occurred, a court can find negligence, and it can find negligence separately in how the patient was looked after when she came back.

§ 02

Gallstones treated by ERCP, and the drug that was never prescribed.

Many gallstone patients have an ERCP, where a camera is passed down to clear stones from the bile duct, either instead of or alongside surgery. In Alexander v HCA International [2026] EWHC 1284 (KB) the patient developed life-threatening pancreatitis after a gallstone-removal ERCP. The standard way of reducing that risk is a diclofenac suppository around the time of the procedure. The judge found the consultant never prescribed or instructed it.

Judgment was entered against the consultant for the agreed sum of £550,000, and the claim against the private hospital was dismissed. Even for a procedure with a known complication, missing a recognised preventive step is enough.

§ 03

When a complication is just a complication.

Saunders v Central Manchester University Hospitals [2018] EWHC 343 (QB)

Five days after surgery to reverse his ileostomy, the claimant developed sepsis and his whole colon had to be removed because its blood supply had failed. He said the surgeon had damaged an artery. Yip J was not satisfied the injury was caused by negligence rather than a naturally occurring clot, and the claim was dismissed.

Ward v Oxford University Hospitals [2023] EWHC 2803 (KB)

A stomach perforated during keyhole surgery was not seen during the operation and was repaired the next morning after the patient deteriorated. The judge found the perforation was not visible at the time, so nothing had been negligently missed.

§ 04

What the courts look for in a gallbladder claim.

During the operation: the operation note is the key document. It records whether the surgeon identified the duct and the artery before dividing anything, whether an X-ray of the ducts was taken during surgery, and whether the operation was converted to open surgery when the view was poor. Experts read it closely.

After the operation: bile in a drain, worsening pain, fever or jaundice in the days after a gallbladder removal are signs of a leak, and the question is how quickly they led to blood tests and a scan. Thomas v Curley shows that the readmission can be a second, separate breach even where the first is arguable.

Before the operation: where gallstones were diagnosed and a referral or operation was never arranged, the claim turns on causation. A solicitor will want to know what the delay was, what attendances happened in it, and whether earlier treatment would probably have prevented the pancreatitis or infection that followed.

§ 05

What helps a claim.

  • The operation note and the consent form.
  • The discharge summary, and any readmission notes with the blood tests taken on return, especially liver function and pancreatic enzymes.
  • Imaging reports: ultrasound, MRCP, ERCP and any CT.
  • Referral letters and their dates, if the complaint is a delay in getting to surgery.
  • GP records of each attendance with pain in the meantime.

§ THE JUDGMENTS BEHIND THIS GUIDE

The four judgments behind this guide.

One gallbladder judgment, one gallstone judgment, and two that show what a complication has to look like before it is negligence. All four are published decisions linked to their source.

Claimant succeeded£92,391

Thomas v Curley

[2013] EWCA Civ 117·2013·Appeal decision

Mrs Thomas's bile duct was injured during keyhole gallbladder removal and the surgeon also failed to arrange fluid and kidney monitoring when she was readmitted unwell. The trial judge found both failures negligent and awarded £92,391; the Court of Appeal dismissed the surgeon's appeal.

Bile duct injury during gallbladder surgery is not automatically negligent, but a court can find negligence where the anatomy was recognised and the injury still occurred, and separately for inadequate monitoring afterwards.

Claimant succeeded£550,000

Alexander v HCA International Limited & Anor

[2026] EWHC 1284 (KB)·2026·Liability decided at trial

A patient developed life-threatening pancreatitis after a gallstone-removal ERCP. The judge found the consultant never prescribed or instructed the standard preventive diclofenac suppository, so it was not given, and entered judgment for £550,000 against him.

Failing to give a recognised prophylactic drug before a procedure can be negligent even in private care. The prescribing doctor, not the hospital, carried the liability here.

Claim failed

David John Saunders v Central Manchester University Hospitals NHS Foundation Trust

[2018] EWHC 343 (QB)·2018·Liability decided at trial

Five days after surgery to reverse his ileostomy the 60-year-old claimant developed sepsis and his whole colon had to be removed because its blood supply had failed. He alleged the surgeon had damaged the marginal artery, but Yip J was not satisfied that the injury was caused by negligence rather than a naturally occurring clot.

A serious complication after bowel surgery is not itself proof of negligence; the claimant must show on the balance of probabilities that a surgical error, rather than an unavoidable event, caused the harm.

Claim failed

Ward v Oxford University Hospitals NHS Foundation Trust

[2023] EWHC 2803 (KB)·2023·Liability decided at trial

Mr Ward's stomach was perforated during keyhole removal of a gastric band; the hole was not seen during the operation and was repaired the following morning after he deteriorated. The judge found the perforation was not visible at the time and so there was no negligent failure to identify and repair it.

A perforation missed during surgery is only negligent if there was visible evidence the surgeon should have seen. Post-operative pain that leads to timely re-operation may not give rise to a claim.

Browse the whole case library →

Contains information licensed under the Open Justice - Licence v2.0. Judgments from Find Case Law, The National Archives. Summaries are ours; amounts only where printed in the judgment.

§ QUESTIONS

Common questions

Is a bile duct injury during gallbladder surgery negligence?

Not automatically. It is a recognised complication of the operation. Thomas v Curley shows a court finding negligence where the anatomy had been identified and the duct was still injured, and separately for the poor monitoring when the patient came back. Each case turns on the operation note and the expert evidence.

I was readmitted with a bile leak days later. Is the delay the claim?

It can be. In Thomas v Curley the failure to arrange fluid and kidney monitoring on readmission was a separate finding of negligence. The question is whether the signs of a leak led promptly to blood tests, a scan and treatment.

My GP did not refer me for gallstones and I developed pancreatitis. Can I claim?

Possibly. You would need to show the referral should have been made, that the delay was unreasonable, and that earlier treatment would probably have prevented the pancreatitis. The free assessment is a first read; a solicitor will test the causation point honestly.

What went wrong in the ERCP case, Alexander?

The diclofenac suppository that reduces the risk of pancreatitis after an ERCP was never prescribed or instructed by the consultant. The patient developed necrotising pancreatitis and judgment was entered against the consultant for £550,000.

How much are gallbladder claims worth?

It depends entirely on the injury. The two figures in these judgments are £92,391 in Thomas v Curley and an agreed £550,000 in Alexander, where the patient was left with an ileostomy and diabetes. Nobody can quote a figure before the medical evidence is in.

How long do I have?

Usually three years from the operation or from when you first knew something had gone wrong. A complaint to the hospital does not pause that clock.

§ MORE GUIDES

Plain answers to the other questions people ask.

Why claims fail →

Eleven real judgments where the claim failed, and what each one teaches about proving breach of duty, causation and loss in a medical negligence claim.

Injured during surgery →

Ten published judgments on injuries caused during surgery: nerves, bile ducts, bowel, perforations and anaesthetics. Four won, six lost. What made the difference.

Deterioration on the ward →

Nine published judgments on patients who deteriorated in hospital: leaks after surgery, sepsis, compartment syndrome and observations not escalated. Six succeeded.

Endoscopy complications →

Perforation, pancreatitis or sepsis after a scope or keyhole procedure: when a known risk becomes a claim, and when it does not. Seven real judgments explained.

Payout examples →

UK medical negligence payout examples by claim type, typical compensation ranges, and what decides the amount. Then check your own claim free.

NHS payout data →

Official NHS Resolution figures, band by band, for 2024/25.

This guide is general information about the law in England and Wales, not legal advice about your case. ClaimGavel is run by Costart Projects Ltd on behalf of Tomlin & Partners, a specialist medical negligence firm regulated by the SRA. The free assessment on this page is an AI overview to show you roughly where you stand; a solicitor confirms the position in a free, no-obligation conversation.