Excerpt from Virginia Lawyers Weekly.
The defendant performed a cholecystectomy surgery of the plaintiff on Aug. 5, 2009. The operation started as a laparoscopic procedure but was converted to an open procedure because of dense adhesions and unclear anatomy. Over the course of the plaintiff’s hospital stay, she became increasingly ill and complained of shortness of breath and abdominal pain. On post-operative day five, an endoscopic retrograde cholangio-pancreatography confirmed the plaintiff had sustained a ductal injury during the cholecystectomy.
The plaintiff was transferred to VCU Medical Center where she underwent a Roux-en-Y surgery. In 2010, the plaintiff developed cholangitis, which resulted in her being hospitalized three separate times to treat the reoccurring infection. Subsequent to her hospitalizations, the plaintiff was placed on alternating antibiotic therapy to treat the reoccurring infection. The plaintiff required the use of antibiotics until October 2011.
The plaintiff presented evidence at trial that the common bile duct had been cut twice during the surgery. The first injury occurred during the laparoscopic procedure and the second injury occurred after the operation was converted to an open procedure.
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