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$________ Confidential Medical malpractice - HMO negligence - Transection of bile duct during gallbladder removal - Failure of HMO physician to advise the plaintiff of the true nature of her injuries and complaints following the surgery.

Orange County, California

The plaintiff contended that the defendant HMO and its physicians intentionally concealed the fact that her common bile duct was transected during a laparoscopic cholecystectomy and she learned five years later about her injuries and the defendant’s negligence. The defendant contended that transection of the bile duct is common in this type of surgery and the plaintiff’s claim fell outside of the statute of limitations.

The female plaintiff underwent a laparoscopic cholecystectomy by the defendant HMO physician on August 20, ________. During the procedure, the plaintiff contended that her common bile duct was transected, which was then converted to an open procedure consisting of an open cholecystectomy and Roux-en-y choledochojejunostomy. The plaintiff contended that the defendant concealed their negligence from her and it was not until some 5 years later that she learned on November 16, ________ of the true nature of the problems that she was having.

The plaintiff brought suit against the defendant HMO alleging that it intentionally concealed the negligence of the surgeon from her. She maintained that she will need future reconstructive surgery, ballooning of the common bile duct and possible liver transplantation. Her husband brings a claim for loss of consortium.

The defendant denied the allegations that the transection was intentionally hidden from the plaintiff. The defendant maintained that transection of the common bile duct is a well-known risk associated with the type of surgery the plaintiff underwent. Further, the defendant maintained that the plaintiff’s claim was barred by the statute of limitations.

The claim was originally arbitrated solely on the issue of the statute of limitations where it was ruled that the plaintiff was not time barred and that the defendant physician did conceal facts from the plaintiff. The matter was then set down for arbitration on the liability issues. The matter was mediated in October ________ and resolved between the parties for the sum of $________ shortly thereafter.

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