Guidance on filing a malpractice lawsuit after gallbladder surgery in CA

Question

I am concerned about a potential malpractice issue following a gallbladder removal surgery performed on May 16, 2025, on a stage four cancer patient. The surgery was done laparoscopically, and I believe the general surgeon accidentally caused an obstruction of her bile duct, leading to jaundice, disorientation, severe abdominal pain, and ultimately death on May 22, 2025. The surgeon noted a liver bleed during surgery which he clipped, and the patient was transferred to a sister hospital 10 hours away.

Upon arrival at the sister hospital, she exhibited rapid breathing, low blood pressure, and was severely dehydrated, which delayed the administration of necessary IV fluids for two hours. I am seeking guidance on where to start if I want to file a malpractice lawsuit, and any relevant steps or considerations would be helpful.

Joel Gary Selik · Answer

There are many aspects of bringing a malpractice case.  The first is an analysis by an experienced malpractice attorney.  The attorney will determine if it appears the doctor acted below the standard of care (a medical expert will need to be consulted for a medical opinion).  Here, blocking the bile duct accidentally may have been  malpractice or may have been one of the known risks that can happen without malpractice.   
 
Many other issues will have to be analyzed, including future health care and other losses,

James L. Arrasmith · Answer

You have a limited window to pursue this medical malpractice claim, and time is critical. In California, when death results from medical malpractice, you must file within one year from when you discover the death was due to medical negligence, or three years from the date of death, whichever occurs first. Since your loved one passed on May 22, 2025, just two days ago, you need to act swiftly to protect your rights. 
 
The complications you describe—bile duct obstruction during laparoscopic gallbladder surgery leading to jaundice, disorientation, and severe pain—are recognized grounds for malpractice claims. Cutting or failing to secure the common bile duct causes the most medical malpractice lawsuits in gallbladder procedures, and it was negligent to transect the bile duct, which would have been avoided with proper surgical technique and identification of structures. The delays in administering IV fluids at the second hospital and the cascade of complications that followed strengthen your potential case. 
 
Your first step should be securing all medical records from both hospitals immediately, including surgical notes, imaging studies, and nursing documentation. You are required by law to notify your health care provider with at least 90 days prior notice of your intent to file a lawsuit. Given the complexity of proving that the surgeon's actions fell below the standard of care and directly caused your loved one's death, you should consult with an experienced medical malpractice attorney who can review the records, consult with medical experts, and help navigate California's specific procedural requirements for these cases.

Q: Guidance on filing a malpractice lawsuit after gallbladder surgery in CA