Five Figure Payout For Negligent Hip Replacement Surgery
Was your hip replacement surgery handled negligently? Were you made to suffer by a substandard of care delivered to you by a healthcare practitioner? If so, you may be entitled to a significant amount of compensation for hip replacement surgery. At Accident Claims UK, we provide a nationwide service to those searching for advice and guidance in pursuing a personal injury claim.
Throughout this guide will be useful information regarding hip replacement negligence, examples of what could be considered valid grounds for a compensation claim and essential references to external sources which can provide you with additional support. Our panel of experts have up to thirty years’ experience in personal injury and medical negligence, which also includes cases of hip replacement malpractice settlement claims.
If at any point while reading this guide that you feel that you were affected by negligence, or your condition was made to worsen because of this, then call our team today. Our friendly advisors can assess the circumstances of your unique case under a free, no obligation consultation. If they feel that your claim is valid, they could begin work right away. For more information, call us on 0800 073 8801 or consider the additional contact methods at the bottom of this guide.
Select A Section
- Hip Replacement Surgery
- Surgical Negligence Statistics
- Case Study – Negligent Hip Replacement
- How Much Could Be Awarded For Negligent Hip Replacements?
- What Is Involved In Making A Hip Replacement Negligence Claim?
- How Long Do Hip Replacement Claims Take?
- What Could You Claim For Hip Replacement Negligence?
- No Win No Fee Claims For Negligent Hip Replacement Surgery
- Why Choose Us To Handle Your Negligent Hip Replacement Claim?
- Start Your Negligent Hip Replacement Claim
- Essential References
What Is Hip Replacement Surgery?
A hip replacement is a common surgical procedure which replaces a damaged hip joint with an artificial joint or ‘implant’ as it is otherwise referred to. This type of surgery is predominantly seen in adults between the ages of 60 and 80, though an adult of any age could be recommended for it if required.
Aside from replacing the damaged joint, a modern artificial hip joint is used to significantly reduce pain and improve movement range for the individual. Once fitted, an artificial hip joint can last at least 15 years, according to the NHS. However, these types of operations are only offered for people who have tried other treatments which failed to reduce symptoms of pain, such as physiotherapy or steroid injections. There are several different symptoms for which a person could be offered surgery to alleviate pain, such as:
- Swelling, stiffness, pain and reduced mobility
- Your quality of life/sleep is directly interfered by these symptoms
- Day-to-day tasks are significantly hindered, including shopping, work, socialising, etc.
- You are made to suffer psychologically as a result (i.e. depression)
But when exactly does a person need hip replacement surgery? In this respect, a surgery of this nature is usually necessary when the joint becomes so worn that mobility is notably reduced and pain is still suffered while resting or in cases of osteoarthritis. In addition to this, hip replacement surgery can be offer for those suffering from:
While the majority of surgeries should be performed with the upmost of care, there are circumstances in which clinical negligence could cause serious injury. Although a settlement amount cannot undo the harm you were put through, compensation for hip replacement surgery could cover any surprise medical bills from your recovery period.
What Is The Procedure Of Hip Replacement Surgery?
Before the surgery begins, you will be given general anaesthetic or spinal anaesthetic to relieve pain of the procedure while in theatre. Where general anaesthetic is used to put people to sleep while they are operated on, a spinal anaesthetic is used to eradicate any feeling from the waist down while the doctors perform surgery. In some cases, an epidural can be administered too.
Once anaesthetic is administered, the surgeon handling the operation will make a small incision (cut) in the hip to remove the hip joint and implant an artificial joint in its place. This procedure can take anywhere between 1 and 2 hours to complete. You can find more information about a hip replacement procedure by clicking here.
In 2012/2013, the NHS carried out 10,595 million operations in that year alone, with 1 million people being treated every 36 hours. Since this significant spike in operations, there has been a noticeable shift in the relative position of claims received by the trust, according to this NHS Resolution report. As such, A&E claims have increased as a proportion by 1%, whereas orthopaedic surgery has reduced by 1%; therefore the two have switched places respectively as the first and second highest specialties.
There has been a change in the number of claims from Casualty/A&E specialty from previous years. In 2017/2018, the NHS received 1,395 new Casualty/A&E claims for speciality surgery, rather than that of just orthopaedics. As such, this spike in claims reflects an increase of 88 (7%) in comparison to the previous year. Further from this, the Trust also received 1,281 new orthopaedic-related claims relating to incidents which occur over a number of previous years.
As such, these statistics reflect the repercussions of a number of different factors, some of which could include medical malpractice. If you have suffered from a hip replacement negligence case, you could be entitled to compensation. Even if this case occurred a number of years ago, the claim may still be valid. In settlement claims for personal injury, the personal injury claims time limit is typically 3 years. Although this may be waivered for extenuating circumstances, such as psychological trauma or if the victim was under the age of 18 at the time.
You can discuss this time limit, along with what circumstances may waiver its restrictions, with our expert advisors.
When a negligent hip replacement occurs, the consequences could be detrimental for a person’s physical and psychological well-being. There are various complications of a hip replacement, all of which range in severity and will impact daily life in different ways.
Some of these complications include:
- Hip dislocation
- Blood vessels/nerve damage
- Deep vein thrombosis (DVT)
- Fracture to bone around the hip
- Differences in leg length
While these are some of the most common complications associated with hip replacement surgery, this list is not exhaustive. It is possible for additional repercussions to arise.
In 2016, a former semi-professional football player was offered a hip replacement surgery in order to improve his quality of life. A year after receiving the operation, the claimant began to notice that something was wrong with his hip, something he described as a ‘creaking sound’ that felt incredibly painful whenever pressure was put on it. The claimant’s life began to suffer as a result of this pain and as a result he was unable to return to his job in the building industry.
An x-ray of his injuries revealed that the initial surgery hadn’t been performed correctly and in order to fix the problem, the claimant needed to undergo further surgery in order to replace the hip again 15-months after the original surgery. Two years on, he is left walking with a limb and serious discomfort as one leg is now shorter than the other.
The final settlement amount awarded to victims of hip replacement medical negligence is entirely subjective to the details of the case itself. The table below demonstrates some generalised sums of what could be claimed, though it should be noted that these amounts are subject to change. When you speak to a personal injury solicitor from our team of experts, they will be able to provide you with a figure more specific to your case.
|Pelvis And Hip||Severe||£73,580 to £122,860||Any form of extensive fracture to the pelvis area. For example, this could include spondylolisthesis or dislocation of a lower back joint, either of which result in intolerable pain and necessitating spinal fusion. As a result, the individual will sustain residual disabilities, e.g. complicated arthrodesis, sexual dysfunction, lack of bladder/bowel control, or hip deformity.|
|A little less severe||£58,100 to £73,580||This bracket will include injuries that are only slightly less severe than those listed in the above row. Though particular distinguishing features lift them from the above bracket, i.e. fracture/dislocation of the pelvis involving both ischial and public rami, traumatic myositis ossificans around the hip with formation of ectopic bone, etc.|
|Moderate||£24,950 to £36,770||If significant injury to the pelvis or hip is sustained, but major disability is not a risk to current or future prognosis, then the claimant will fall under this bracket.|
|Lesser injuries||£3,710 to £11,820||In spite of significant injury, there is no prospect of little disability; if not none at all. A full recovery is likely to occur within two years.|
|Other pain disorders||Severe||£39,530 to £59,110||Despite treatment, significant symptoms of the injury will persist, alongside adverse impact on daily life. The victim will require some care/assistance. As an example, many cases of Fibromyalgia with severe persisting symptoms will fall within this description.|
|Moderate||£19,770 to £36,120||The top end of this bracket will look to cases of ongoing severe symptoms, albeit those of a lesser degree than those mentioned above. These symptoms will impact the individual’s ability to function in daily life, though not to complete disadvantage. The bottom of this bracket, however, includes cases of almost-full recovery, or near complete recovery, whereby the claimant is vulnerable to the development of a pain disorder within a few years.|
|Severe leg injuries||Serious||£90,320 to £127,530||The most serious of leg injuries, short of amputation, in which courts have awarded similar levels to that of amputation because of the impact they have. An example of this is extensive degloving of the leg whereby there is gross shortening of the length or fractures fail to properly unite. As a result, extensive bone grafting is required.|
|Very serious||£51,460 to £85,600||An injury of this type will cause permanent problems to mobility. Therefore, crutches or mobility aids will be required for the remainder of the claimant’s life. This may also include injuries which take years and extensive treatment in order to heal, but still bare serious deformities and limitations to movement.|
|Serious||£36,790 to £51,460||Instability to joints and ligaments, a lengthy period of non-weight-bearing and near certainty of arthritis in the future will all be repercussions of a leg injury in this bracket. There may also be issues with extensive scarring.|
The information listed above has been sourced from Judicial College guidelines. You don’t need to rely on an online personal injury claims calculator to provide you with a basic amount. These amounts should only be used as a basis for the potential amount you could be awarded in a personal injury claim, as the true amount may differ.
A personal injury claim for medical negligence in a hip replacement surgery will involve a number of different factors, all of which will be taken into account at one point or another during the claims process. The initial step in beginning a claim for surgical negligence will be proving that the injury sustained (whether that be new or the worsening of an existing injury) was the result of another person’s actions. This person could be a healthcare practitioner in almost any sector of the medical field. For example, this could be a surgeon who did not perform the procedure correctly or a GP for failing to diagnose symptoms of pain and discomfort.
From here, if it can be proved that your injuries were the result of third-party negligence, or there was a breach in the duty of care owed to you, your personal injury lawyer will then begin to collect evidence to support your claim. This evidence will include documentation of expenses and a medical assessment by an independent doctor from our panel. A report will be produced from this exam and it will detail the extent of your injuries, what impact they have had on your daily life and what your future prognosis may be. This assessment is vital in a personal injury claim as it will help your solicitor decide how much compensation for hip replacement surgery you could claim.
The claim will also be considered on the basis of the accident’s circumstances, how long it will take to gather any necessary medical evidence, whether the third-party in question admits liability and whether the third party’s identity is revealed. The type of injury you have sustained will also affect the overall claim duration.
Each case can vary significantly in time, depending on the circumstances in question. This is why it is difficult to answer the question “How much compensation will I get for a hip replacement?” In a car accident claim, the process may be resolved in a couple of weeks, whereas a complicated case of surgical negligence could take remarkably longer.
As previously stated, each case is unique, which is why it’s important not to compare your own to that of another’s. A claim could take longer if it’s unclear who was responsible for your injury/illness or if the defence denies liability entirely. Generally speaking, a medical negligence claim could take up to three years to process. However, this is just a rough estimate as, again, each case is completely unique.
The payouts for hip replacements are calculated on two basic categories: ‘General damages’ and ‘special damages’. Each category will take into account various quantifiable and unquantifiable areas of your personal injury claim to calculate a centralised monetary amount.
General Damages: In this category, the areas which cannot be quantified are given a lump sum to compensate any harm or suffering endured from the date they were either sustained or diagnosed. This could include both physical and psychological harm which resulted from third-party negligence. These types of damages are seen as the defence’s wrongful doing. Some examples of this include:
- Physical pain/suffering
- Lowered life quality
- Psychological trauma (e.g. depression, loss of confidence, etc.)
- Loss of unique career
Special Damages: Anything in your recovery period that can be quantified will be included in this category, regardless of whether they are minor or major. This means that surprise medical costs or even travel expenses can be claimed back at the end of your personal injury claim. In addition to this, a person can also claim for:
- Loss of income
- Property repair/replacement
- Irreplaceable items lost
- Past and future medical expenses
- Short/long-term medical costs
- Loss to earning capacity
If your life has been subject to a botch hip replacement operation and you have found the above areas to suffer the repercussions, or you’re unsure of what can be claimed back in an injury claim, call us today.
If you decide to pursue a claim for compensation for hip replacement surgery, your claim will be handled under a No Win No Fee agreement. Also known as a Conditional Fee Agreement (CFA), this is an arrangement held between a personal injury solicitor and a claimant. The conditions of which state that the solicitor’s legal fees are settled with what is known as a ‘success fee’, which is a pre-agreed percentage of the final settlement amount. This fee is legally capped at 25% by government regulations.
Under this agreement, you will not be required to pay up front fees or surprise costs throughout the personal injury claims process. However, if your case for hip replacement negligence is unsuccessful in securing a compensation amount, then you will not be held accountable for your solicitor’s fees. This means that the financial risks of pursuing are reduced for the claimant and they will not have to face any hidden bills incurred during the process itself.
Our expert advisors can explain this process to you further and provide explanations to any questions you may have. Call us today for more information.
There are several reasons why you could use our nationwide services. Regardless of where you are based across the country, we can help you pursue a claim for negligent hip replacement even though we may not be based in your local area. With so many modern forms of communication, it’s easy for our panel of experts to stay in contact with you throughout the process. We can contact you via email, telephone or post to inform you of any important updates regarding your case.
In addition to this, while it is possible for you to conduct a claim on your accord, the law surrounding these cases is incredibly complex. You may be faced with some difficult scenarios at various points of the process, which could be easily resolved with the assistance of a legal expert. For example, during your hip replacement negligence claim, the defence may give you a pre-medical offer to compensate for your injuries. It may seem tempting to take this offer to avoid the ‘hassle’ of a personal injury claim, however without this medical assessment you may never find out the true nature of your injuries or the exact sum of how much you could be entitled to.
You can begin your claim today by following a few simple steps. If you contact an advisor from our expert team, they will assess the validity of your claim under a free, no obligation consultation. Once this has been completed, you could begin your claim straight away. Contact us today by:
- Telephone: Our number is 0800 073 8801
- Email: Send an email to email@example.com
- Fill in a contact form and we will call you back
Below are some additional references which can provide you with extra information during your claim.
Clinical Medical Negligence Claims
How to claim for various forms of medical negligence
How to make a hospital claim for negligence
Our detailed guide to claiming compensation for a misdiagnosis
What to do in claiming compensation for a personal injury
Specified Injuries To Workers
A guide by the Health and Safety Executive on workplace injuries