Congenital Hip Dysplasia (DDH) Negligence Claims

Congenital hip dysplasia (CHD) occurs when the femoral head (the ball of the hip joint) doesn’t fit correctly into the socket. When this happens, it can lead to a loose hip joint or dislocations and subluxations.

For some reason, CHD usually affects the left hip more than both hips. When left untreated, it results in ongoing pain and stiffness. Many people also experience a loss of motion in their affected hip.

Research published by GOV.UK reveals that up to two babies in every 1,000 have hip dysplasia that requires treatment, and one in six will have some form of the condition.

Medical professionals highlight that hip dysplasia is more common among females than males, which is attributable to hormones. Other common causes of the condition are being a firstborn child, as the uterus is smaller, and being born in the breech position.

In some cases, hip dysplasia occurs due to genetic predispositions. If a family member has hip problems, the child is more likely to experience them, too.

Hip dysplasia causes a range of symptoms, with some being minor and others causing ongoing complications. They include:

• The child might develop a limp when they start walking
• Babies often drag their legs when crawling
• Unequal leg lengths
• Babies might walk later than expected
• The child can also struggle to move one leg out, which parents often notice during nappy changes
• Limited hip movement
• Struggling to climb stairs

Treatment options for hip dysplasia depend on when the child is diagnosed and the extent of their condition. An early diagnosis means there are more treatment options available, including:

• Pavlik Harnesses: A Pavlik harness is a soft fabric splint that sets the hips in their correct position. It’s only a viable treatment option for children under six months old, and most babies wear it for a few weeks.
• Closed Reduction: More severe cases of hip dysplasia might require closed reduction surgery. The surgeon will manipulate the hip into its correct position.

When hip dysplasia goes unnoticed in children and even adults, it requires more drastic treatment interventions, including:

• Osteotomy: These procedures improve hip alignment by reshaping the femur or pelvis.
• Open Reduction Surgery: An open reduction procedure repositions the hip joint.
• Hip Replacement: In severe cases, hip replacement surgery is the best way to treat dysplasia.

As you can see, early detection of the condition means it’s much easier to treat. If a doctor misses dysplasia, it can cause severe symptoms in later life.

In most cases, congenital hip dysplasia is unavoidable, but that doesn’t mean that your medical professional cannot be classified as negligence. When assessing your case, your legal advisor will ask some questions to determine whether medical negligence occurred.

After a baby is born, a medical professional should assess its hips within the first 72 hours, performing tests to establish whether they work correctly.

Clunking sounds are signs that the hip and socket are detached. Further tests should occur up to eight weeks later, so there’s no excuse for missing the condition.

Examples of medical negligence include:

• Missed Diagnosis: When diagnosed early, hip dysplasia is relatively easy to treat in babies, but it becomes more challenging after six months. If your medical professional fails to correctly identify hip dysplasia, you’re entitled to claim compensation.
• Causing A Birth Injury: Babies in a breech position are more at risk of dysplasia of the hip, and it’s sometimes unavoidable. But, if your solicitor can prove that dysplasia occurred due to incorrect treatment during delivery, you could make a birth injury compensation claim.
• Incorrect Treatment: Even if your doctor correctly diagnoses congenital hip dysplasia, they can still be negligent if they fail to provide the right treatment. For example, it’s possible to put the baby’s hips into the correct position, but errors during treatment could mean you’re entitled to compensation.

No win no fee compensation claims are popular because there are no upfront fees. Unlike traditional solicitors, a no win no fee lawyer takes on your case and only receives a payment if they secure compensation.

You don’t have to worry about financial risks, and the medical negligence solicitor will handle your case only if they believe you’ll receive medical negligence compensation. When you seek free legal advice on 0800 234 6438 or use the online form, a specialist advisor will assess your case.

If they feel you’re eligible, you’ll be connected with a solicitor who will put evidence together and make your case.

All hip dysplasia compensation claims have two elements: general and special damages.

• General Damages: The injury itself and any loss of amenity fall under the general damages category.
• Special Damages: These damages form a significant component of medical negligence claims, as they account for any expenses caused by the injury. For example, if a parent has to leave employment to care for their child or pay for transportation to hospital appointments, it can count as special damages.

Using a compensation calculator can give you a general idea of how much compensation your child might receive, but each case is different. The best way to see how much your hip dysplasia claim is worth is by speaking to your solicitor.

In some cases, where the child’s diagnosis was missed for years, claimants have received up to £350,000. When hip dysplasia leads to long-term complications, the claim might be worth over £800,000.

Again, this depends on your individual circumstances and whether you’re claiming on behalf of your child or as an adult who’s suffered from hip dysplasia (DDH) for years due to medical negligence.

There are many ways to prove medical negligence, but some solicitors still use the Bolam test. It involves assessing the doctor’s actions and whether they fulfilled their duty of care. The Bolam test also includes a detailed peer review, but these tests are becoming less popular.

Other forms of evidence are more reliable and can prove negligence:

• Medical Records: Your child’s medical records will document any examinations. For example, if the doctor fails to correctly assess your baby or doesn’t recognise the risk factors, it proves that there was a duty of care breach.
• Expert Testimony: Medical experts can provide opinions on whether the standard of care was met and if negligence either caused the child to develop hip dysplasia or led to ongoing complications.
• Witness Statements: Testimony from family, friends, or other healthcare providers who observed the incident can be beneficial.
• Visual Evidence: Any photographs of visual evidence can prove claims of hip dysplasia. For example, a video of the child crawling or trying to walk shows how undiagnosed hip dysplasia impacts their life.
• Expenses: Keeping track of any expenses, including specialist care, mobility aids, time off work, and transportation costs, ensures you receive special damages.

If you’d like to receive compensation, the first step is to speak to an expert in hip dysplasia claims. Please call 0800 234 6438 or request free legal advice through the online form today. Once an advisor assesses your case, they’ll connect you with a no win no fee solicitor.

While most personal injury claims have a three-year time limit from the date the incident occurred, congenital hip dysplasia claims are different. As a parent claiming on behalf of your child, you’ll have three years from the diagnosis to make a claim.

If you were the victim of medical negligence as a child, you can claim for up to three years after turning 18. Beginning the process early gives your solicitor plenty of time to argue your case and negotiate with the negligent party.

If you had your baby in a general maternity ward, you’d make an NHS negligence claim, which goes through the resolution service. NHS Resolution is in place to ensure victims of malpractice receive compensation.

If your baby was born in a private hospital, your solicitor would usually negotiate with the insurance company.

It depends on multiple factors, including whether both parties can come to an agreement. Evidence is vital for any compensation claim, as it proves your injuries and provides documentation of negligent care.

Even with a concrete case, the process can still take a long time. If neither party reaches an agreement, you might have to attend court, but your solicitor will keep you updated and work on your behalf.