Gallbladder Surgery Error Lawyer in San Antonio

Name: Gallbladder Surgery Malpractice
Brand: Scheuerman Law Firm

Under Texas medical malpractice law, a patient injured during gallbladder surgery must prove that the surgeon or hospital owed a duty of care, that they breached it, and that the breach caused injury and damages. In surgical malpractice actions, especially involving bile duct injuries, expert testimony (often from hepatobiliary surgeons) is typically required to explain how the care deviated from accepted norms. An experienced gallbladder surgery error lawyer in San Antonio can help gather this evidence, retain the right experts, and build a strong case to pursue fair compensation.

You Deserve Direct Access to the Attorneys Fighting for You

At Scheuerman Law Firm, we bring more than 30 years of courtroom experience to complex surgical malpractice cases. Our firm has secured multi-million-dollar results in medical negligence cases, including an $8.55 million jury verdict for the family of a patient who died after a botched tonsillectomy. Both Tyler and Hella Scheuerman are Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization—an accomplishment held by fewer than 1.5% of Texas attorneys. As a husband-and-wife team, we handle a limited caseload, ensuring that every client receives direct access to senior attorneys. Our bilingual team serves both English and Spanish-speaking families across San Antonio and South Texas, ensuring clear communication when the stakes are highest.

Gallbladder Surgery Statistics

About 750,000 gallbladder removals (cholecystectomies) are performed annually in the U.S. ((PDF) CVS for laparoscopic cholecystectomy)
Bile duct injury occurs in 0.3–0.5% of laparoscopic cases (Bile Duct Injury - StatPearls - NCBI Bookshelf)
These injuries are a leading source of surgical malpractice claims nationwide (Medico-legal aspects of bile duct injury - PMC)
A San Antonio study (UT Health Science Center) found about 5.2% of gallbladder surgeries were converted from laparoscopic to open due to complications such as bile duct injury (Reasons for conversion from laparoscopic to open cholecystectomy: A 10-year review | UT Health)
Such injuries account for a leading source of surgical malpractice claims nationwide (Inside the courtroom: An analysis of malpractice litigation in gallbladder surgery - ScienceDirect)

What Are Common Causes of Gallbladder Surgery Malpractice in San Antonio?

Common causes for gallbladder surgery malpractice include:

Misidentification of anatomy, such as cutting the common bile duct instead of the cystic duct
Failure to obtain the “critical view of safety” before dividing structures
Not converting to open surgery when laparoscopic visualization was unsafe
Delays in recognizing or repairing bile duct injuries during the operation
Improper or defective equipment use, such as faulty clips or instruments
Inadequate postoperative monitoring, leading to missed signs of infection or sepsis

Complications Associated With Gallbladder Surgery Malpractice

When gallbladder surgery is performed incorrectly, patients can face a wide range of serious and sometimes life-altering complications, including:

Transection or clipping of the common bile duct
Vascular injuries, such as damage to the hepatic artery
Injury to nearby organs, including the stomach, duodenum, or intestines
Internal bleeding or hemorrhage
Bile leaks, biloma, or bile peritonitis
Infection, sepsis, or abscess formation
Multiple organ failure in the most severe cases
Chronic pain, strictures, or long-term digestive problems that may require lifelong care

Research shows that strict adherence to established safety protocols—especially ensuring the “critical view of safety”—dramatically lowers the risk of these devastating outcomes. For patients, the consequences often mean repeat surgeries, prolonged hospital stays, and in many cases, permanent disability.

Who Can Be Held Liable in Gallbladder Surgery Malpractice Cases?

Depending on the circumstances, responsibility may fall on:

The operating surgeon, for errors made during the procedure
Assisting physicians, residents, or fellows if their actions contributed to the injury
Hospitals or surgical centers for negligent hiring, credentialing, or a lack of proper supervision
Nurses and anesthesia providers if failures in care or monitoring led to complications
Medical device manufacturers, when defective instruments, clips, or equipment played a role

What Steps Should I Take If I Was Injured?

If you suspect a surgical error or malpractice after gallbladder surgery, taking the right steps early is crucial to protecting your health and your legal rights:

Get immediate medical treatment and request transfer to a hepatobiliary specialist if needed
Secure operative reports, imaging, and medical records right away
Preserve communication with hospital staff—do not sign releases without legal advice
Contact Scheuerman Law Firm promptly so we can obtain an expert review and preserve evidence

What Compensation Can I Get in a Texas Gallbladder Surgery Malpractice Case?

Patients injured by surgical negligence may be entitled to both economic and non-economic damages. These categories cover:

Past and future medical expenses (hospital stays, corrective surgeries, rehabilitation, medications)
Lost wages and reduced future earning capacity
Compensation for the human cost of malpractice, including pain, suffering, and emotional distress
Physical impairment, disability, or disfigurement
Loss of quality of life
Loss of consortium for spouses

When malpractice leads to a patient’s death, surviving family members may recover compensation for loss of companionship, financial support, and funeral expenses.

In most medical malpractice cases, non-economic damages are capped at $250,000 per healthcare provider (with a maximum of $750,000 if multiple hospitals are involved), under Texas Civil Practice & Remedies Code § 74.301. Economic damages, however, are not capped, meaning recovery for medical bills and lost income can reflect the full extent of your losses.

Why Do I Need Scheuerman Law Firm to Handle My Gallbladder Surgery Malpractice Case in San Antonio?

Hospitals often defend gallbladder surgery malpractice cases by arguing that a bile duct injury is a “known complication” rather than negligence. An experienced attorney is essential to challenge that defense, preserve critical evidence, and prove when an injury was preventable or mishandled.

Additionally, these cases require:

Expert medical review
Strict compliance with Texas malpractice procedures
The resources to stand up to hospitals and insurers

Scheuerman Law Firm approaches every gallbladder surgery malpractice case with the strategy and resources needed to take on hospitals and insurers. What sets us apart is our ability to anticipate the defense’s moves, backed by knowledge gained from years of seeing how medical institutions handle these claims from the inside. We expose negligence that others overlook and fight for the justice our clients deserve.

Gallbladder Surgery Malpractice FAQs

How long do I have to bring a claim?

In Texas, most medical malpractice cases must be filed within two years of the date of the negligence. There are limited exceptions, so acting quickly helps ensure evidence is preserved and your rights are protected.

Are bile duct injuries always malpractice?

Not always. Some complications can occur even when surgeons follow proper procedures. However, if the injury stems from misidentifying anatomy, ignoring safety protocols, or failing to recognize the injury in a timely manner, it may meet the legal definition of malpractice.

What is the legal process?

These cases involve several stages: a detailed investigation, consultation with medical experts, filing the lawsuit, engaging in discovery, negotiating with insurers or defense counsel, and proceeding to trial if a fair settlement isn’t reached.

How do attorney fees work?

Our team represents medical malpractice clients on a contingency fee basis. You won’t pay upfront fees; instead, attorney fees are collected only if we successfully obtain compensation on your behalf.

Can I still sue if the surgeon claims it’s a known complication?

Yes. Even known risks must be handled with proper skill and care. The question isn’t whether complications are possible, but whether your surgeon adhered to the accepted medical standard during the procedure and postoperative care.

Who decides if malpractice occurred?

Medical experts first evaluate whether the standard of care was breached. Ultimately, if the case proceeds to court, a jury reviews the evidence and expert testimony to decide whether malpractice took place.

Do these cases settle or go to trial?

Many medical malpractice claims resolve through settlement once the evidence is presented. However, some require trial, and our team is always prepared to litigate aggressively when necessary.

Why choose a Board-Certified attorney?

Board Certification signifies extensive trial experience, advanced legal knowledge, and recognition from peers in the profession. For complex malpractice cases, this level of expertise can make a significant difference in the outcome.

Protect Your Rights After Surgical Negligence

If you or a loved one has experienced life-changing complications after gallbladder surgery, now is the time to take action. The sooner you have an experienced gallbladder surgery error attorney in San Antonio on your side, the stronger your case will be.

At Scheuerman Law Firm, we proudly support families throughout San Antonio and South Texas, guiding them through every step with clarity and compassion. Contact us today to request a confidential consultation, explore your options, and protect your rights.