By Jo Anderson. Last Updated 29th November 2023. This guide will look at how to make a hip injury claim. If you recently had surgery and it did not go as it should have, you might be wondering whether you are entitled to compensation. While you are under the care of a medical professional, you are owed a duty of care. If you suffer avoidable harm because a medical professional failed in this duty, then you might be eligible to claim compensation for a hip replacement.
This guide looks at the duty of care all medical professionals owe their patients, and when you could make a medical negligence claim for a hip replacement. If you are eligible to make a claim, you must gather relevant evidence that shows the breach in duty as well as how you experienced unnecessary harm. We look at a few examples of evidence that could be used to support your claim within this guide.
Additionally, if you meet the eligibility requirements, you may wish to know how compensation is awarded in medical negligence claims. We provide information on how damages are awarded.
You may also wish to instruct a solicitor to support you through the legal process. This guide concludes with a look at the benefits of having a No Win No Fee solicitor to work on your case.
If you have any questions or would like help starting a compensation claim, please get in touch with one of the advisors from our team. To speak to a team member:
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- Case Study – Negligent Hip Replacement
- When Could I Make A Hip Replacement Negligence Claim?
- Is There An Average Compensation For A Hip Injury?
- Proving Your Hip Replacement Compensation Claim
- No Win No Fee Claims For Negligent Hip Replacement Surgery
- Essential References Relating To Medical Negligence Payouts For A Hip Replacement
This case study provides some insight into how hip injury compensation amounts are based on the unique facts and circumstances of a case. In this case, the claimant was a semi-professional football player who required a hip replacement. However, a few weeks after receiving his hip replacement he noticed that his hip was making a creaking noise and would cause intense pain when any pressure was applied. Due to this pain, his quality of life deteriorated, and he was unable to continue playing football due to the immense pain he experienced.
An X-ray of his hip revealed that the initial surgery had not been performed properly. The claimant had to undergo another operation in order to fix the issue less than a year since his initial surgery. This left him with a limp and serious discomfort.
The claimant brought his case to a medical negligence solicitor, who represented him in his case and successfully managed to obtain a compensation settlement of £40,000 for the unnecessary harm he had suffered and the financial losses the medical negligence had caused him to experience, including his lost earnings.
To learn more about claiming for hip surgery negligence, or find out the average compensation for a hip injury in the UK, please contact an advisor.
Before we provide guidance on the average compensation for a hip injury in the UK, we should first look at the eligibility criteria for making a claim.
All medical professionals owe their patients a duty of care to provide them with the minimum standard of care when treating them. This includes doctors, surgeons and nurses, for example. If the care they provided you were to drop below this standard, it could cause you to suffer unnecessary harm.
To have a valid medical negligence claim you would need to demonstrate that you suffered harm that could have been avoided due to a medical professional breaching their duty of care.
To learn more about the eligibility criteria for making a medical negligence claim, or ask questions about hip injury compensation amounts, please contact an advisor.
When making a personal injury claim, you may wonder, ‘How much compensation could I receive for my injury?’ Following a successful claim for your hip injury, the pain and suffering that your injury has caused you should be compensated with general damages.
To help you gain a clearer idea of how much you could receive in general damages, we have provided the following table. Many legal professionals, when valuing claims, will use a document called the Judicial College Guidelines (JCG) to help them. This is because the JCG lists compensation brackets for various injuries. This is why we have used the figures listed in the 16th edition of the JCG when creating this table.
|Several Serious Injuries Plus Special Damages||Multiple injuries causing significant pain and suffering as well as financial loss such as care costs, home adaptations, loss of income, for example.||Up to £200,000+|
|Pelvis And Hip||Severe (i) - Extensive pelvis fractures with the lower back joint being dislocated and the bladder ruptured. Or a hip injury that results in spondyloisthesis.||£78,400 to £130,930|
|Pelvis And Hip||Severe (ii) - A fracture dislocation of the pelvis or a traumatic myositis ossificans with formation of ectopic bone around the hip.||£61,910 to £78,400|
|Pelvis And Hip||Severe (iii) - A fracture to the hip or arthritic femur that requires hip replacement surgery.||£39,170 to £52,500|
|Pelvis And Hip||Moderate (i) - A significant hip or pelvis injury but there is no major risk of a permanent disability.||£26,590 to £39,170|
|Pelvis And Hip||Moderate (ii) - The person requires hip replacement surgery. How much is awarded will depend on whether surgery was successful.||£12,590 to £26,590|
|Pelvis And Hip||Lesser injuries (i) - A significant injury, such as a fracture, that results in little or no residual disability.||£3,950 to £12,590|
|Pelvis And Hip||Lesser injuries (ii) - A minor soft tissue injury that fully recovers.||Up to £3,950|
|Leg||(iv) Moderate - Severe crush injuries or multiple fractures.||£27,760 to £39,200|
|Leg||Less Serious (i) - A fracture where an incomplete recovery is made.||£17,960 to £27,760|
|Leg||Less Serious (ii) - Simple femur fractures with the articular damage to the articular surfaces.||£9,110 to £14,080|
We cannot provide you with an average compensation amount for a hip injury. This is because, when you are making a claim for a broken hip, the compensation amount that you could receive will be affected by the factors of your claim. For example, the severity of your initial injury could affect how much you are awarded. Therefore, compensation is awarded on a case-by-case basis.
Additionally, your compensation settlement could also include special damages. Special damages compensate you for any of the financial losses you have suffered due to your injury. For example, if you had to take time off work, special damages could compensate you for a loss of earnings. However, you will need to provide evidence of these losses, such as bank statements and payslips.
Contact one of our advisors today for free legal advice regarding your claim.
As stated above, medical professionals owe you a duty of care. When they breach this duty and you suffer unnecessary harm you might be eligible for compensation for a hip replacement. However, all medical negligence claims require supporting evidence.
Evidence that could be helpful when proving your hip replacement claim includes:
- X-rays. These could show where the harm occurred.
- Symptom diary. You could note what impact the symptoms are having on your life.
- Medical records. These could show why a hip replacement was considered necessary. They may also include any further treatment you had. For example, if you developed an infection due to surgical negligence, this could show you required antibiotics.
- Photographs of the surgery site. For example, if it has an open wound.
If you need any help gathering evidence to support your case for hip replacement compensation, call our advisors.
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 upfront fees or surprise costs to your No Win No Fee solicitor 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 the hip claims process to you further and provide explanations to any questions you may have regarding hip replacement compensation. Contact us today by:
- Telephone: Our number is 0800 073 8801
- Email: Send an email to firstname.lastname@example.org
- 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.
- CQC – Make a complaint to a service or care provider
- SSP – Government information on Statutory Sick Pay
- NMC – Nursing & Midwifery Council
- Clinical Medical Negligence Claims – How to claim for various forms of medical negligence
- Hospital Claims – How to make a hospital claim for negligence
- Misdiagnosis Claims – Our detailed guide to claiming compensation for a misdiagnosis
Other Helpful Guides Related To Hip Injury Compensation Payouts
- 10 Things You Should Know When Claiming For Medical Negligence Compensation Guide
- A Guide To Pharmacy Wrong Medication Claims – What To Do If A Pharmacy Gives The Wrong Medication In The UK
- Advice on compensation payouts for work related tinnitus claims. Learn about claiming compensation with this guide.
- Learn about potential cheekbone fracture compensation payouts with this helpful guide.
- Find out about possible compensation payouts
Thank you for reading this case study on medical negligence payouts for a hip replacement. For more information on hip replacement compensation, contact our team.