Hip Replacement Medical Negligence – Who Could Claim Compensation?

In this article, we’ll be explaining when you could be entitled to make a hip replacement medical negligence claim. We’ll discuss the duty of care that all medical professionals owe to their patients. We’ll also tell you about the time limits that apply to medical negligence claims and evidence that can help to support a compensation claim.

hip replacement medical negligence

Hip replacement medical negligence claims guide

As well as discussing your eligibility to begin this kind of claim, we’ll explore how a solicitor may be able to assist you with the claims process. In addition to this, we will explain what a No Win No Fee agreement is and how this could benefit you if you choose to work with a lawyer.

Read on for more information about these subjects. As well, you can use the contact details below to speak to one of our advisors. Our team can offer you a free consultation using any of the methods described below. Find out more below:

Select A Section

  1. Who Could Claim For Hip Replacement Medical Negligence?
  2. What Is A Hip Replacement?
  3. Evidence To Prove Surgical Errors And Negligence
  4. Examples Of Hip Replacement Medical Negligence Payouts
  5. Why Contact Medical Negligence Assist About Your Claim?
  6. Find Out More About Surgical Negligence Claims

Who Could Claim For Hip Replacement Medical Negligence?

Every medical professional owes a duty of care to the patients they treat. This is true regardless of whether they provide public or private healthcare services. This duty of care means that they must provide their patients with an adequate level of care. If they don’t do this, a patient could experience avoidable or unnecessary harm as a result; a breach of duty of care that leads to harm is called negligence.

It’s important when looking at medical negligence claims to distinguish between harm that is necessary in the course of your treatment and harm that is not necessary, as you would be unable to claim for the former. For example, if you need a hip replacement this means that an incision needs to be made in your skin. This harms you and leaves you sore and with a scar, but it’s needed to treat your condition.

For more information, call our helpline. One of our advisors can provide advice about the merits of your potential claim.

Time Limits To Claim For Surgical Negligence

If you are wondering ‘how long after surgery can you claim for medical negligence?’ then you can look to the Limitation Act 1980. This piece of legislation states that the medical negligence time limit is three years. Therefore you must begin your claim within:

  • Three years of medical negligence taking place.
  • Three years from when you realised or would have been expected to realise that your worsening condition was caused or contributed to by negligence.

However, it is worth noting there are some exceptions to this three-year limit. For instance, the time limit is suspended for adults who do not have the capacity to claim on their own behalf. Speak to our team if you have questions about the time limits or exceptions for hip replacement medical negligence claims.

What Is A Hip Replacement?

A hip replacement is a form of surgery in which the hip is replaced with an artificial joint. This procedure is usually performed when your natural hip joint is damaged or worn out to a point that it is causing you mobility problems and pain.

What Is The Most Common Complication Of A Hip Replacement?

According to the NHS, some hip replacement risks include:

  • Hip dislocation after the procedure
  • Surgical infection
  • Altered leg length
  • The forming of a blood clot

Additionally, your hip joint replacement procedure could cause:

  • Nerve injuries
  • A hip fracture during the surgery
  • Problems with anaesthesia
  • Improperly sized or incorrectly placed equipment

Complications relating to a hip replacement procedure will not automatically be a result of negligence. For example, you could acquire an infection even though the medical staff have adhered to the duty of care that they owe. To claim for surgery medical negligence, you must show that a medical professional did not provide you with the correct standard of care, leading you to experience harm that the correct level of care would have avoided.

Speak to our advisors if you would like advice about claiming for hip replacement medical negligence.

Evidence To Prove Surgical Errors And Negligence

For your hip replacement medical negligence claim to succeed, you may want to provide proof of medical negligence. For instance, you could collect:

  • A copy of your medical records
  • A diary that details symptoms you have experienced following the procedure
  • Written notes from the doctors who treated you
  • The results of an independent medical assessment, which you might be able to attend in your local area if you work with a lawyer from our panel

If your hip operation has gone wrong, our advisors may be able to put you in touch with one of the solicitors on our panel. They can help you gather evidence to support your potential claim.

Examples Of Hip Replacement Medical Negligence Payouts

Hip replacement medical negligence compensation can compensate you for two aspects of the suffering you experience. First, general damages are intended to compensate you for the physical or psychological suffering caused by unnecessary harm you experienced.

To help them assign a value to the general damages head of claim, solicitors will typically refer to the Judicial College Guidelines (JCG). This document contains compensation brackets for different types of harm that a person could experience.

The table below contains figures taken from the JCG. Please remember that the JCG figures cannot account for all of your personal circumstances and so might not be an accurate reflection of the value of your claim.

JCG Compensation Brackets

Harm ExperiencedJCG Compensation BracketsMore Notes
(i) Severe Pelvis or Hips Injury£78,400 to £130,930Injuries that have distinguishing features such as impotence, intolerable pain and a lack of bowel or bladder control.
(ii) Severe Pelvis or Hips Injury£61,910 to £78,400Injuries that are a little less severe than more serious injuries but that have distinguishing features such as impotence or ectopic bones around the hips.
(iii) Severe Pelvis or Hips Injury£39,170 to £52,500Hip replacement surgery that is only partially successful and therefore needs further revision surgeries.
(i) Moderate Pelvis or Hips Injury£26,590 to £39,170A significant injury that does not cause major permanent disability and does not carry with it great future risk.
(ii) Moderate Pelvis or Hips Injury£12,590 to £26,590Where another hip replacement might be needed in the near future or the symptoms that persist are more than minimal.
(ii) Severe Leg Injury£54,830 to £87,890These injuries lead to permanent mobility problems, such as multiple fractures that cause limitation of movement and serious deformity.
(iii) Severe Leg Injury£39,200 to £54,830Injuries to joints or ligaments that cause some combination of instability, lengthy treatment, prolonged period of non-weight bearing, extensive scarring, and the near-certainty of future arthritis.
(iv) Severe Leg Injury£27,760 to £39,200Multiple or complicated fractures, with the award influenced by the extent of treatment required, impact on employment, and risk of future degeneration.

Special Damages Awarded For Surgical Errors

Additionally, a second head of claim called special damages could be a way for you to recoup financial losses you’ve experienced due to hip replacement medical negligence. For instance, it could help you recoup any wages you lost because you could not return to work. They could also help you reclaim the money spent on prescription medications, physiotherapy, and the cost of travelling to hospital appointments.

However, you would only be compensated for the additional financial impact caused by the negligence, not the overall financial impact of the hip replacement overall.

Why Contact Medical Negligence Assist About Your Claim?

Our panel of solicitors may be able to assist you with the process of claiming for hip replacement medical negligence. They can offer their services under the terms of a Conditional Fee Agreement (CFA), which is a particular kind of No Win No Fee agreement.

By agreeing to work with a solicitor using a CFA, you generally wouldn’t have to pay ongoing fees for their services or any fees to your lawyer if your claim fails.

A No Win No Fee solicitor will take a success fee at the very end of the process, but only if your claim succeeds. This small percentage is capped by law, so you cannot be overcharged. If you’re not awarded compensation, then they won’t take this fee.

Speak To A Surgical Negligence Claims Solicitor

If you still have questions about what to do if a negligent doctor has caused you unnecessary harm following a hip replacement, our advisors can provide advice about the merits of your claim. Additionally, they may be able to put you in touch with one of the solicitors on our panel.

However, they will only do this if you wish to proceed with the claims process. You can use this free consultation as a way to gather information. Speak to us today:

Find Out More About Surgical Negligence Claims

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We hope this article has provided useful information about hip replacement medical negligence. To discuss any further questions you may have, contact our team using the methods described above.

Guide by Morgan

Edited by Fern