Hip Replacement Claims
There has been a substantial rise in the number of patients undergoing hip operations. Between 2015 and 2017, over 270,000 hip replacements were performed in the UK. The volume of hip implant choices and treatments available is also climbing.
Unfortunately, an increase in hip-based procedures means that there is a greater chance that the surgery can go wrong. Furthermore, if you are a victim of hip surgery negligence, seeking professional help may be the best solution.
Our clients’ concerns often come from a belief they have received inadequate surgery. As a result, post-operative discomfort includes:
- Chronic pain
- Nerve injury
- Early revision
What does a claim involve?
Whether to undergo a hip replacement or not can be one of the most significant decisions to make. As well as that, the pathway to treatment can be difficult and in pursuing a compensation claim, we look at key areas of the consent process:
- The necessity of the hip replacement surgery
- The discussion of treatment options available
- The explanation of potential risks at the point of consultation
Additionally, the choice of prosthesis can be crucial, and the common types are:
- Total hip replacement
Each prosthesis carries different risks and it is important that these are discussed in detail so that you are aware of your options.
Furthermore, we will review the surgery itself and explore the way in which the implant has been inserted.
Common problems that we encounter:
- Suboptimal positioning of one or more components
- Over-rotation of the femoral component
- Excessive leg shortening
- Peri-prosthetic fracture (fracture of the bone around the implant)
- Implant failure
Once we review all aspects of your claim with the assistance of the best orthopaedic experts, we will then advise you of the merits of pursuing the claim further and submitting a claim to the Defendant.
What can I claim for?
We understand the devastating impact a loss of mobility has on your life. Moreover, we appreciate the importance of investigating all aspects of care and consequences of your treatment.
Whether you require ongoing rehabilitation, equipment or adaptations to your home, our serious injury solicitors will discuss these with you and ensure that any claim fully recognises your ongoing needs.
Is there a time limit on making a Hip Surgery claim?
A claim for negligence must be made within three years of the accident, or for Medical Negligence, the date (“date of knowledge”) on which the affected person became aware (or ought reasonably to have become aware) that he or she suffered a personal injury as a result of the health professional’s acts or omissions.
The date of knowledge is not the date on which the injury occurred unless you knew or ought to have known about it at that time. Sometimes people do find out that a mistake has been made straight away, but it can actually be a matter of months, even years, before he or she realises something has gone wrong.
If you or the person the mistake happened to is, or was under the age of 18 at the time the incident occurred, then the time limit is three years from the date of their 18th birthday (i.e. their 21st birthday).
If the affected person does not have the mental capacity to recognise the mistake, there can be no time limit, unless the person regains capacity.