Hip Dysplasia Medical Negligence
Why We Are Best To Deal With These Claims
Hip dysplasia describes the condition whereby the ball and socket of a baby’s joint does not fit together the way it should. It can come in the form of a complete dislocation, or a partial dislocation known as a subluxation.
How is hip dysplasia diagnosed?
When a baby is born a paediatrician will check over the baby within the first 72 hours of life and part of this check involves laying the baby on their back and checking their hips by moving their legs and any dislocation should be identified at this time.
Again, at the 6–8-week check-up the GP will also check over the baby’s hips.
If hip dysplasia is not identified and diagnosed early in the body’s life, then it can lead to disabilities later in life.
Common signs and signals that your child may have suffered from hip dysplasia include:
• Dragging one leg behind when crawling.
• A very noticeable instability when walking and in particular difficulty with going up and down stairs.
• A difference in the child’s leg lengths.
• Stiffness in the child’s hips.
• An inability to sit independently.
The affects of failure to diagnose hip dysplasia:
A failure to diagnose hip dysplasia can lead to difficulties later on in childhood and that can continue into adulthood. A child can suffer from increased pain and surgery may be required to place the hip into place and this would then lead to a further surgery to have the plates and screws removed.
As the child ages, there is a possibility that they may suffer from premature arthritis and a hip replacement surgery may be required.
Hip dysplasia will have a major impact on a child’s life in that they cannot engage with their sporting activities, they will continue to suffer pain and may require additional surgery.
The typical steps in a Hip Dysplasia negligence claim:
• We will investigate every minute detail of your case and from there we will build your case by obtaining all of your medical records, taking full witness account from you and we will consultant the best experts in their field to give an opinion on whether negligence arose in your care or treatment.
• We will contact the relevant hospital or doctor advising them that we believe there was negligence in your care and treatment and asking them to admit liability.
• We will serve proceedings on the relevant medical institution or doctor and ensure that they reply to your claim in a timely manner with full details of any defence that they wish to make.
• We will represent your claim in the courts robustly to secure the appropriate level of compensation for your injuries.
Our experience in hip dysplasia claims:
Our experienced team at McElhinney & Associates Solicitors have worked on various types of hip dysplasia claims over the years ranging from the simple to the most complex. We have developed an expertise in the area and so we know how to prepare and progress your claim to achieve the optimum level of compensation.
What level of compensation will I receive for a hip dysplasia claim?
The level of compensation payable to you is directly related to the level of injury and trauma that you suffered together with the impact that the negligent treatment has had on your quality of life. Compensation is usually broken down into two parts:
1. General damages. This is compensation for the pain and suffering that you have endured to date together with the likely pain and suffering that you will endure into the future.
2. Special damages. These are items of expenditure and financial loss that you have incurred up to the date of the court award and possible likely future financial losses, for example the cost of any private treatment, medication, aids and appliances, loss of earnings to date, loss of earnings into the future, the cost of any ongoing care and treatment required.
How long to I have to make the hip dysplasia claim?
Any person who wishes to pursue a claim for medical negligence through the courts must do so within 2 years of the mistake being made or 2 year that they had knowledge that a mistake was made.
If your loved one has passed then the matter proceeds as a fatal injury claim.
Once proceedings are issued the case can take approximately, 2-3 years to come before the courts for hearing, depending on the complexity of the case, the number of experts that are required together with the defence delivered by the healthcare provider to your claim.
Early legal assistance can be vital as the time limits for bringing an action are very strict therefore, if you believe that you have suffered as a result of substandard care then you may be able to make a claim for compensation against the hospital in question and we are happy to have an initial consultation with you where we will give you an initial assessment and advise you of your options.If you believe that you have had substandard care you should contact the solicitors at McElhinney & Associates Solicitors and we can advise you on your options and lead the way if any litigation is to follow.
We are available to take your call or answer your email so please do not hesitate to contact us on 07491 75989 or 0187 17571 or complete our online enquiry form or email us at admin@mcelhinneyassociates.com.
* in contentious business a solicitor may not calculate fees or charges and the percentage or proportion of any award or settlement.
