$10.1M Verdict For Botched Gallbladder Surgery

On December 6, 2018, Dr. Sarmiento attempted to repair the bile duct, but could not complete the repair because

Amy’s liver was “extremely fatty, really friable, and in a tremendously difficult condition….medicalmalpracticelawyers.com, Georgia Appellate Court Affirms $10.1M Medical Malpractice Verdict For Botched Gallbladder Surgery, Mar 2024


Dr. Sarmiento advised Amy to wait six months or a year before attempting the repair again because any surgery would have caused her liver to disintegrate and fall apart. The wound from the attempted repair was left open so that it could heal from the inside out and when the wound dressing became saturated, Amy’s husband would have to change the packing, which he did for approximately six months.


In the meantime, in order for the bile to go back into the intestines, Dr. Sarmiento inserted a feeding tube into Amy’s stomach to“refeed [her] bile”; a biliary drain to drain bile outside of Amy’s body; and a bile bag. On several occasions, Amy was hospitalized for sepsis resulting from infection of the wound as well as feeding tube and bile tube issues. Dr. Sarmiento repaired the bile duct in early October 2019, and three weeks later, all the drains and bags were removed. In July 2020, Amy underwent surgery for four ventral incisional hernias, related to the repair.


Amy incurred medical expenses in excess of $900,000, and lost wages of $26,000 per year. Amy and her husband sued Dr. White and WellStar Medical Group for medical malpractice and loss of consortium and sought damages for pain and suffering, all past and future medical expenses and economic damage, including lost wages and the loss of consortium claim. The jury found in favor of the McGouirks and awarded $10,000,000 in general compensatory damages to Amy and $100,000 to her husband for loss of consortium.


Leave a comment

Your email address will not be published. Required fields are marked *