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Resource allocation and clinical negligence claims

In the author’s experience of 18 cases, again, one third were thought to be negligent and four settlements ranged from £2000–£80 000 for general damages. To the author’s knowledge there has not been a successful defence of a major bile duct injury in the UK in the past 10 years. The issue of whether there is any case of an ‘acceptable’ bile duct injury remains debatable among experts. Such a case has yet to be defined in case law. There seems to be an increasing acceptance by the Defence in cases of bile duct injury that it will not be possible to defend it. However, surgeons and lawyers alike seem to be reluctant to accept the maxim of res ipsa loquitur.