Judgment entered for hip surgery negligence claim

Jane* instructed our specialist surgery negligence claims solicitors to pursue a claim for compensation against the hospital trust responsible for the surgical negligence during her initial hip replacement operation which has led to ongoing mobility issues and further revision surgery. 

In 2010, Jane underwent a left hip replacement. Later that year she also underwent a right hip replacement, carried out at the same hospital and by the same consultant. After the procedures Jane was complaining of a shortened left leg. She was reassured that this was normal but continued to suffer with an altered gait.

In 2012 Jane was assessed for ongoing gait problems. She had an assessment of the left hip, but issues were noted with her left knee, and subsequently she underwent a left partial knee replacement – an oxford uni-compartmental replacement. 

Following the knee surgery, Jane continued to have problems with her left lower limbs. Despite a review by her surgeon, she was told there was nothing more that could be done. She was not happy with the outcome and therefore requested a second opinion.  

Following a further assessment by a different Consultant Surgeon, Jane was advised that the left was going to require early revision due to the original procedure being poorly performed. In respect of the left knee, Jane was advised that the procedure had been carried out to a poor standard and she required a total knee replacement.

Jane was subsequently referred on to a Consultant Orthopaedic Surgeon who confirmed that her gait was significantly worse on the left than the right.

The matter was also referred to the Royal College of Surgeons who undertook a review of the hip and knee operations. They concluded that the pelvis should have been bone grafted and that the left hip replacement demonstrated a vertical cup and reduced offset. The report questioned the decision to perform a knee operation and that the knee replacement itself had been so poorly performed that it has subsequently led to a condition whereby the joint is twisted outward from the centre of the body.

Boyes Turner's medical negligence solicitors sent a letter to the hospital setting out each of their errors. The hospital, in their response admitted breach of duty and causation in respect of both the claim for the hip and knee. Supportive expert evidence was obtained from orthopaedic surgeons, one specialising in knee surgery and the other in hip replacement operations.

Despite this early admission, the Trust refused to allow Judgment to be entered for Jane until formal court proceedings had been commenced and formal allegations drafted by a barrister.

The surgeon experts have subsequently agreed that the failure to carry out a left total hip replacement and a left partial knee replacement to a reasonable standard has led to ongoing functional issues, stability and pain problems and there will be a need for earlier revision surgeries than would have been the case if the operations had been carried out to a good standard.

It is not yet clear the full extent of the disability that Jane will suffer with for the remainder of her life, or to what extent she will need care and assistance, equipment and altered accommodation as a result of her injury. This is currently being assessed.

Judgment was entered in May 2015 and our medical negligence solicitors are now in the process of valuing Jane's claim.

There was no cost to the client in pursuing this claim.

* All names have been changed to protect client privacy.

The service was personal, professional and considered. I was treated so kindly and in the end I knew that not only had I found the right organisation but also the right person.

Boyes Turner client

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