Hip replacement surgery negligence: When can I make a claim? 

Published: 18/07/2023

Hip replacement surgery is often necessary for those with osteoarthritis, rheumatoid arthritis, osteonecrosis, as well as injuries and fractures. However, the surgery can have complications. For example, the prosthetic comes loose in 5% of these surgeries, and 1% of them tend to develop an infection. As such, you may need to make a claim after your surgery.

This article explains why you need a hip replacement, the complications likely to arise after the surgery, which ones qualify as hip surgery negligence, and how you can make a claim.

Why would someone need a hip replacement?

A hip replacement is necessary once the joint gets too worn to support your body and rotate as normal, and a prosthetic substitute is your best shot after all other interventions fail. Common reasons why someone may need a hip replacement include:

Osteoarthritis

This condition can cause so much pain and stiffness that doctors recommend hip surgery to remove the cartilage or provide a total hip replacement to the entire joint with a prosthetic. Osteoarthritis is the most common arthritis where the cartilage cushioning the ends of your bones, in this case at the ball and socket of your hip joint, wears off, leaving the bones grinding against each other.

Hip fracture

A hip fracture is a crack or break around the ball of the femur, usually after a fall or injury to the hip area. The area also gets easily fractured because of cancer. Hip fractures are common among older people due to limited mobility, vision, and balance.

Rheumatoid arthritis

This condition is an autoimmune and inflammatory disease where your immune system mistakenly attacks healthy cells in your body, leading to inflammation, usually in the joints. The joint pain and stiffness can be severe enough to make hip replacement surgery necessary.

Hip dysplasia

In this condition, the hip socket doesn't fully cover the ball portion of the femur. Such a mismatch leads to a partial or complete dislocation. Most people with hip dysplasia were born with it. Early detection allows for proper management, but over time, the cartilage in the joint can deteriorate to a point where hip replacement surgery is the best option.

It is important for a paediatrician to check a newborn baby for hip dysplasia. If not immediately apparent the family history of hip dysplasia should be discussed to identify if the newborn should undergo a scan. There is also a responsibility of district nurses and GPs to be vigilant as to whether a baby may have hip dysplasia, particularly during the standard 6 to 8 weeks checks.

What are the possible complications following hip replacement surgery?

Hip replacement surgery fixes the damage caused by these conditions and diseases. However, complications may arise from the surgery, such as:

Blood clots

Hip replacement surgery can trigger deep vein thrombosis, where blood clots form in a deep vein in your body. This complication occurs in 1 in 200 hip replacement surgeries.

Besides travelling, the clots can block blood flow in the veins, causing swelling, pain, and permanent damage to your legs. Such blockages are more common than clots travelling upwards in the body.

Infections

Few patients develop an infection after hip replacement surgery. The infection commonly occurs during the hospital stay, when recovering at home, or even years later. Introducing foreign materials in the body, such as the metal in the prosthetic joint, creates a conducive environment for bacteria to multiply. In addition, the wound after surgery presents another suitable location for bacteria entry and multiplication. If proper care is not taken, you could make a claim for medical malpractice.

Fractures

The density difference between your bones and the prosthetic makes it easy for a fracture to form after hip replacement surgery. A fall or other injury increases the chances, as do bone-weakening conditions like osteoporosis. Unfortunately, fractures are common in older people because of their susceptibility to falls, injuries, and conditions like osteoporosis.

Leg length discrepancy

In most cases, there will be a slight discrepancy in the length of both legs after hip replacement surgery. However, few cases of a noticeable difference exist, which causes problems like sciatica and walking and posture issues.

Failed implantation requiring another surgical procedure

In rare cases, the new joint may not work well because of poor placement during surgery, an infection afterwards, fractures, bone diseases such as osteoporosis, or even general wear and tear of the artificial hip parts. When this occurs, it may be worth contacting a medical negligence solicitor to see if you could make a claim.

While some of these complications are common and not the fault of the medical experts involved, some are avoidable and entirely their responsibility, such as using substandard prosthetics that later affect your body.

What is classed as negligent hip replacement surgery?

While there is a degree of error or possible side effects expected in some surgeries, some of them are avoidable and well within the capabilities of the medical professionals to prevent. Therefore, negligent hip replacement surgery is the result of medical malpractice.

Examples of medical negligence include avoidable nerve damage, using defective hip replacements, wrong placement or implantation, failure by the surgeon to inform the patient of the risks involved, and fractures and dislocation during and after the surgery. There are even more scenarios that qualify as clinical negligence.

Therefore, you need to discuss your options with competent and highly experienced legal experts.

How can I claim compensation for a failed hip replacement?

You have a legal right to seek compensation and make a hip replacement claim if you have suffered unnecessary pain, costs, the need for repeat surgery, and general deterioration of your quality of life.

Document everything, if possible, about the surgery, including receipts, doctor's appointments and follow-ups, medication administered, and a chronological account of your life before, during, and after the surgery. Do not worry if you do not have this information. At Wake Smith, we can assist and help gather the information to assess your potential claim.

How Wake Smith can help

Hip replacement claims are tricky to handle and even more complicated to win. Therefore, you need the right expertise by your side to break down the formidable defence the surgeons are likely to put up. In addition, you need a thorough and objective review of your case to determine its validity, strength, and likely outcome.

By contacting our experienced personal injury team at Wake Smith, you'll also enjoy our excellent track record of getting such cases settled long before a court appearance is necessary.

Common Queries

What could you claim for a negligent hip replacement?

How much you can claim for hip replacement negligence all depends on the severity of the negligence, and the impact that it has had. By seeking legal advice from a top clinical negligence solicitor, you can increase your chances of how much compensation you can receive.

How do you know if a hip replacement has failed?

You'll know your hip replacement has failed when you don't notice any difference in your state before and after the surgery. Common indicators include stiffness, reduced mobility, and pain in the hip, groin, or thigh.

How long do I have to make a claim of hip replacement negligence?

You have three years from when the alleged negligence took place to make a medical negligence claim for your hip replacement.

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