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Hip Replacement Surgery Compensation Claims
Hip replacement surgery compensation claims refers to the legal action you can take against your surgeon to obtain justice for the negligent treatment you suffered during your surgery which has left you in avoidable pain and suffering.
If a negligent hip replacement surgery has caused you to suffer avoidable pain, impaired mobility or any other medical complication, then you can make a hip replacement surgery compensation claim.
In the UK, most hip surgeries are carried out successfully without any problems to the patient. However, this is not so in all cases as there have been some unfortunate occasions where the patient did not get the acceptable level of care required leading to injuries and trauma. If you are a victim of negligent treatment, and you suffer from the adverse effects, then you may be able to claim compensation for a hip injury claim.
The data published by the National Joint Registry reveals that approximately 160,000 total knee and hip replacement surgeries are carried in England and Wales every year.
While a majority of those surgeries are carried out successfully, sometimes further surgery is required to correct complications caused as a result of medical negligence.
Our medical negligence solicitors are experts in hip replacement surgery compensation claims and have helped so many persons obtain the compensation and justice they deserve. We are able to not only obtain justice for you with deserving compensation amounts, but also settle claims as swiftly as possible so that you can quickly put behind the unfortunate incident you have suffered.
You can contact our expert hip replacement surgery claims solicitors today by completing our quick Free Claim Assessment or call us on 0800 644 4240.
What Is A Hip Replacement?
According to the NHS, a hip replacement is a type of surgery where a damaged hip joint is replaced with a prosthetic alternative (implant). This is usually recommended when the hip joint is worn or damaged such that your mobility is impaired and you are in pain while moving and even when resting.
A single hip or both hips can be damaged and can be an extremely disabling condition for the sufferer; therefore, hip replacement becomes very valuable to the patient’s health.
There are several conditions that can cause a hip to be damaged necessitating a hip replacement. These conditions include;
- Hip Fracture
- Rheumatoid Arthritis
- Septic Arthritis
- Disorders that lead to abnormal bone growth such as bone dysplasia
Of these conditions, the most common reason for hip replacement is Osteoarthritis.
Patients requiring hip replacements are generally aged persons between the ages of 60-80. However, the procedure can be done on younger persons who have suffered hip damage.
A hip replacement is done to take away the mobility problems and pain the patient suffers and increase the quality of life for the patient. The results of a hip replacement gone wrong can be very devastating for the individual and family. The patient may suffer even more decreased mobility, nerve damage and could even be fatal. Therefore, hip replacement negligence is not acceptable and this is why we are here for you.
Negligence during a hip replacement surgery may be caused by your GP who delayed in referring you to a hip specialist, your anesthetist may also make an error while administering anesthesia or the surgeon who was negligent during the surgery.
Reasons For Hip Replacement Surgery Compensation Claims
There are several negligent actions from any of your health professionals that can cause you to suffer unnecessarily after a failed hip replacement surgery. These are some of the negligent actions our medical negligence solicitors have found out over the years that can lead to hip surgery replacement errors and for which you can make claims.
- Avoidable nerve damage while performing the surgery
- Negligent insertion or incorrect fitting of hip replacement
- Performing surgery on the wrong hip
- Using a defective hip replacement
- Anaesthesia errors
- Incorrect fitting of hip
- Your surgeon did not warn you of risks associated with the procedure and other factors that could predispose you to harm (such as age, obesity, smoking, drug use, previous hip surgery, medical conditions like diabetes, etc.) and obtain an informed consent.
- The failure to adequately carry out pre-operative checks for example patients who are on steroids, anti-clotting drugs and those with heart conditions need to be properly checked to ascertain their state before proceeding
- Unnecessary damage to surrounding structures such as tissue, cartilage, ligaments and veins during the surgery
- Failure to monitor the patient and provide him or her with needed follow up care
- Failure to arrest and treat post-operative infections
When individuals undergo hip and knee replacement surgery, their main concern is to improve mobility and be free from any pain and impairment and when things go wrong, it can be very traumatic.
Negligence In Hip Replacement Surgery
When a medical professional fails in his duty during a hip replacement surgery, a number of problems can arise for the patient. There could be leg pain after hip replacement surgery, back pain after total hip replacement, leg length discrepancy, swollen leg after hip replacement surgery, pelvic obliquity pain and other medical conditions.
While some conditions you may suffer from after a hip replacement surgery may not be caused by negligence but as a side effect which would return to normalcy within a short while, you may have to make an operation go wrong if your suffering is as a result of medical negligence.
Other effects of negligent hip replacement surgery include;
- Failed hip implant requiring a revision surgery to either repair the damage or replace the prosthesis.
- Fractures and dislocation of the thigh bone while attaching the stem to the implant.
- Iliopsoas tendonitis as a result of failure to insert the hip implant deeply enough inside the socket
- Nerve damage which can result in a foot drop. Nerve damage may be caused by leaking bone cement or surgical instruments such as ‘retractors’ which can cause nerve compression
- Leg length discrepancy
- Trauma or damage to the bones or tissues as a result of incorrect use of surgical instruments
- Post-operative Infections which may not be diagnosed and treated
- Osteolysis (bone erosion)
- Metal toxicity due to the choice of implants used
While some complications can be corrected by further medical intervention, others can have a permanent impact on the patient affecting their general wellbeing and quality of life.
Can I Make A Hip Replacement Surgery Compensation Claim?
If you have been let down by your surgeon or any other medical professional which has caused you to suffer unnecessarily after your hip replacement surgery, then you can make a hip replacement surgery compensation claim. It is your legal right to do so.
It is only when you make a claim that you will get a deserving compensation amount for your pain, trauma and financial losses.
Our hip replacement surgery compensation claim solicitors will talk with you, empathize with you, make a proper assessment of your claim and support you in any means you require. They will also advise you if you have grounds for a claim and make sure that you are well compensated for any financial losses, psychological and physical harm you have suffered.
Why Should I Make A Hip Replacement Surgery Compensation Claim?
Over the years, our solicitors have found out that clients who make hip replacement compensation claims are not just making it to obtain compensation for their suffering. It is about obtaining justice and understanding what went wrong. Most times, you may not receive satisfying answers from the NHS when your surgery goes wrong unless you make a claim. Our solicitors understand that this is a difficult time for you and will leave no stone unturned to ensure that you are well compensated.
It is important that you make claims so that investigations can be carried out so that improvements can be made. This is one of the ways the NHS can make necessary changes to prevent a recurrence of the unfortunate incident.
Your claims also help you to obtain compensation for your suffering and trauma. Not only that, the compensation also helps cover for past financial expenses, current expenses and estimated future financial expenses, loss of income where you had to give up work as well as rehabilitative equipment among others.
How Do I Make Hip Replacement Surgery Compensation Claims?
To make a claim and sue a surgeon for negligent treatment, you have to prove that your surgeon performed below standards and you are suffering because of his or her actions or inactions.
Our expert medical negligence team will assess whether the surgeon breached his duty of care to you, and if that breach of duty of care actually caused your injuries. If this can be established then you have a valid compensation claim.
The four parts of negligence (duty, deviation, direct cause and damages) needs to be established. This simply means that you have to show that;
- Your surgeon or medical professional owed you a duty of care
- Your surgeon or medical professional failed in that duty of care
- That such failure to provide you acceptable standard of care directly caused you avoidable pain and suffering
- You have also suffered damages physically, psychologically and otherwise; as well as incurred financial losses
Certain documents which you will need to prove your claims include;
- Detailed statements of all that transpired
- Medical test results and scans
- Witness statements
- Evidence of financial losses incurred
We will also provide you with an Independent Medical Expert who will examine you and determine if your surgeon was actually negligent. This report will be very important throughout the claims period and will also play a major role in determining your compensation amount.
If you are unable to access these documents, our lawyers will assist you, write to the relevant authorities and secure access to your records.
Therefore, If you think you may have a nerve damage claim, then contact our team of medical negligence solicitors for a free assessment of your claim. Our lawyers are friendly, approachable, understanding and will give you the strong legal representation and legal advice you need to win your case.
How Does A Medical Negligence Claim Work?
The process of making a hip replacement surgery compensation claim is briefly outside as follows;
- Contact your medical negligence lawyer for legal advice and assessment of your claim
- Fund Your Claim
- Gather your Evidence to prove your claim
- Establish that your surgeon was negligent
- Negotiations between both parties
- Payment of Settlement
How Much Compensation Will I Get For A Hip Replacement?
As with every other medical negligence claim, the amount of settlement payout you can receive for your hip replacement surgery claim is not fixed but depends on various factors that are peculiar to each case. These include;
- Type and location of injury
- Severity of the injury
- Extent of damage caused by the injury
- Financial losses incurred
- Future prognosis
- Costs of further medical treatment
- Rehabilitation costs including costs of mobility aids and other assistive devices as well as costs of replacements
- Cost of hiring caregivers
- House adjustment costs
Compensation payouts for negligent hip replacement could be in the region of a few of thousands to hundreds of thousands depending on the specifics of the claim.
These factors that influence the compensation amount are grouped under two broad categories of damages;
- General Damages which refers to compensation for factors regarding the type of injury sustained, severity of the injury, damages caused by the injury and its impact on your quality of life.
- Special Damages on the other hand refers to compensation for financial losses incurred and “out-of-pocket” expenses as a result of the injury. These include; medical costs for further treatment, loss of income and other earnings, future prognosis, costs of hiring caregivers, cost of therapies and accommodation adjustments.
The Table below gives you an idea of the average compensation for various hip replacement injuries including average compensation for broken hip, average compensation for broken pelvis and other minor and serious injuries.
Hip Injury Compensation Amounts
|Severity of Hip Injury||Settlement Payout||Remarks|
|Minor Hip Injury||£60,000 to £100,000.||Complete healing of soft tissue injuries|
|Minor Hip Injury||£3,710 – £11,820||Injuries leading to minor or temporary disability.|
|Moderate Hip Injury||£11,820 – £24,950||More severe than what is deemed minor injury|
|Negligence resulting to amputation of the limbs||£65,000 to £200,000.|
|Moderate Hip Injury||£24,950 – £36,770||Severe hip injury but without major disability|
|Serious Hip Injury||£36,770 – £49,270||Injury that leads to several problems such as, instability of the leg, mobility problems, leg length discrepancy, there may be need for future surgeries.|
|Serious Hip Injury||£58,100 – £73,580||Very severe injury including fractures such as broken hip, broken pelvis, and other conditions that may involve issues such as impotence or traumatic myositis ossificans.|
|Severe Hip Injury||£73,580 – £122,860||Extremely severe hip injury including multiple pelvic fracture which can cause other significant disabling conditions such as hip deformities, sexual dysfunction|
No Win No Fee Hip Surgery Compensation Claims
Our Medical Negligence Solicitors will undertake your hip replacement surgery compensation claims under our No Win No Fee policy which allows you to fight for your right and seek justice without any financial implications to you. You will not be required to pay us any legal fees before or during the entire claims process. Furthermore, you do not have to pay us a penny even if the case is not successful.
However, when your case is won, we will take 25% of your compensation award as success fee.
Time Limit For Medical Negligence Claims
According to the Limitation Act of 1980, a three-year window is available for you to make your medical negligence claim. This limitation period starts from the date of the negligent treatment or when you became aware of it.
There are exceptions to this rule.
- If the victim is a minor (younger than 18), then the three-year time limit isn’t activated until the individual’s 18th birthday. This means that after the individual’s 21st birthday, claims cannot be made.
- If the individual is physically or mentally incapacitated and unable to make a claim (this will be ascertained medically), then the three-year limitation period will be relaxed.
When you come to us to assist you make a claim on behalf of your loved one, we can give you more explanations about how to make such a claim especially if he falls into these two categories. Read more about medical negligence claims time limit.
Our Expertise In Hip Replacement Surgery Compensation Claims
Our medical negligence solicitors have many years of experience in representing clients who have suffered in this area of surgical negligence. We have been able to secure deserving compensation amounts for many clients over time and will certainly leave no stone unturned in ensuring that you get justice and compensation for your suffering. We will do our best to make sure that the entire claims process isn’t stressful for you while also settling your claim swiftly.
Contact A Specialist Solicitor Today For A Free Claim Assessment
Frequently Asked Question about Hip Replacement Surgery Claims
Can You Sue For Bad Hip Replacement?
Yes, you can. If your surgeon performed a poor surgery on you and you have suffered as a result, then you can sue for a hip replacement compensation claim.
You have to note that you should be ready to prove that the surgeon was indeed negligent and show that it is such breach of duty of care that has caused your suffering.
How Much Help Do You Need After Hip Replacement?
For several weeks, you will need someone to assist you in your daily activities. However, most people begin to carry out light activities within 3 to 6 weeks after a successful surgery.
Why Does Leg Feels Longer After Hip Replacement?
During a hip replacement surgery, the soft tissues around the hip joint will have to be stretched to the proper tightness to ensure that the joint remains in position. This may result in the affected leg being slightly longer than the other. However, some people don’t really notice it as the extension is only a few millimeters.
When the lengthening of the leg which was operated upon is more than 1.5cm, it is considered to be unacceptable and can be a strong ground to make a claim.
Can A Hip Replacement Cause Back Pain?
Lower back pain complaint is common in patients who have had a hip replacement surgery. This is mostly associated with changes in body mechanics caused by osteoarthritis.
Also, inflammation of the tendons around the hip muscles can irritate the surrounding nerves and cause pain in the groin region including the thigh and buttock.
The pain may also be associated with the change in leg length for which you may have to undertake leg length discrepancy exercises after surgery.
Ideally, back pains should go away after 4 weeks. This may be longer however in persons who have some other health condition such as diabetes or high blood pressure.