By Daniel Archer. Last Updated 6th March 2024. Have you suffered from medical negligence during a hip replacement operation? If you were left with lasting injuries from a faulty hip replacement operation you could be owed a large sum as a hip replacement settlements amount. Trust Legal Expert to help you claim the compensation you are entitled to. Call us today and speak to our team, and if you have a legitimate claim, we can match you to the right solicitor who can help you claim for hip replacement surgery medical negligence, or any other type of clinical negligence.
In this case study, we are going to look at the case of Mrs T (whose name we have abbreviated here for reasons of confidentiality). Mrs T suffered a degenerative hip as a result of avascular necrosis and had to undergo complete hip replacement surgery. Unfortunately, the first hip replacement operation was not done to adequate standards. Her new hip joint was not correctly fitted during the initial operation. This would have been clearly obvious to the surgical team immediately after her operation by reviewing her postoperative X-rays. As a result, Mrs T’s hip replacement recovery time was not successful as it should have been and she was left with a dislocated hip injury. Therefore, she had to undergo further surgery to correct these faults four months later.
Select a Section
- How Common is Surgical Negligence?
- Details of the Injury Caused by the Hip Replacement Surgery
- The Hip Replacement Settlement Amount
- Compensation For A Hip Replacement – Hip Replacement Claim Calculator
- No Win No Fee Personal Injury Solicitors
- Contact Legal Expert Today
- Useful Links
How Common is Surgical Negligence?
At the time of writing, surgical negligence is worryingly on the rise. A recent report published by NHS England has cited that in the period from 2013/4 – 2015/6 serious surgical mistakes more than doubled, rising from 285 to 740. This is in line with cases of general medical negligence doubling over the same period. NHS England put the worrying surgical negligence statistics down to an unprecedented strain on the NHS, being underfunded, understaffed and under pressure to save money by the government. Given the severity of these statistics and the resources it takes to correct surgical errors and pay medical negligence compensation to mistreated patients, we hope some of these negative effects of straining the NHS may be taken into account by the current and future governments.
Details of the Injury Caused by the Hip Replacement Surgery
Unfortunately for Mrs T, the surgery to correct her first round of faulty hip replacement surgery was also substandard. The surgeon who operated on her caused serious harm and damage to Mrs T’s gluteal nerves. These are the nerves which control the abductor leg muscles. As result, she experienced a permanent weakness in her leg which caused her serious back, hip, and neck pain and also to walk with a limp. As you can imagine, these hip injuries had a significantly negative effect on her quality of life. As a result of Mrs T’s injuries, she also experienced psychological distress, which was worsened by the surgeon trying to in her words “ignore and silence me with his power”, rather than take her complaints seriously.
The Hip Replacement Settlement Amount
Mrs T hired a personal injury solicitor to handle her medical negligence compensation claim case. The Defendant eventually agreed to pay Mrs T compensation before the case for her hip replacement complications went to trial. Mrs T was awarded £200,000 as a hip replacement settlement amount, and after a traumatic ordeal, she was very grateful to her lawyers for handling her case so well and forcing the surgeon in question to be accountable for his negligence.
Compensation For A Hip Replacement – Hip Replacement Claim Calculator
Hip replacement compensation can vary in its value. The amount that’s awarded for your pain and suffering is known as a general damages payment. When legal professionals are calculating this portion of your compensation for a hip replacement, they will often make use of a few different resources when trying to settle on an appropriate amount to award you.
One of these resources is a publication called the Judicial College Guidelines (JCG). There are some example entries from the 2022 update of the JCG in the helpful table below. However, for a more accurate figure regarding your own claim, reach out to our advisors today.
| Injury Type | Severity | Bracket of Compensation | Symptoms of Injury |
|---|---|---|---|
| Hips and Pelvis | Severe (i) | £78,400 to £130,930 | Examples of incidents include extensive pelvis fractures that result in a lower back dislocation and a ruptured bladder, or a hip injury causing spondylolisthesis. |
| Hips and Pelvis | Severe (ii) | £61,910 to £78,400 | Examples of injuries might include a fracture dislocation of the pelvis involving both the pubic and ischial rami causing impotence. |
| Hips and Pelvis | Severe (iii) | £39,170 to £52,500 | This bracket includes many injuries, such as an acetabulum fracture causing leg instability and degenerative changes with the likelihood of hip surgery being required in the future. |
| Hips and Pelvis | Moderate (i) | £26,590 to £39,170 | Significant pelvis or hip injury. However, there will be no permanent disability caused that is major and any future risk will not be great. |
| Hips and Pelvis | Moderate (ii) | £12,590 to £26,590 | Injuries could involve those that require a hip replacement or other types of surgery. The extent of treatment and the surgery required are factors that are also considered when determining the award given. |
| Hips and Pelvis | Lesser injuries (i) | £3,950 to £12,590 | Despite a significant injury, there is little to no residual disability caused. |
| General psychiatric damage | Severe | £54,830 to £115,730 | Very poor prognosis |
| Post-traumatic stress disorder | Moderate | £8,180 to £23,150 | An almost complete recovery |
| Mental anguish | N/A | £4,670 | When the injured person thinks their life may end or their life span may be reduced |
| Hips and Pelvis | Lesser injuries (ii) | Up to £3,950 | This bracket is for soft tissue injuries that result in a complete recovery being made. |
You may also be eligible to receive another payment known as special damages. This figure can reimburse you for certain costs associated with and caused by your injuries. Medical expenses and loss of earnings are good examples of this, but there are more expenditures and losses that may be experienced and considered eligible for reimbursement. Get in touch for more information.
No Win No Fee Personal Injury Solicitors
Have you suffered from medical negligence related to a hip replacement or any other type of injury related to medical negligence or clinical negligence? Then you may wish to claim compensation. If you have suffered traumatic injuries from an operation that was meant to improve your quality of life, not diminish it, then you may have already undergone costly treatment and lost income so may not have the funds to make an upfront payment. You may have also experienced untold amounts of financial stress and not wish to undergo the additional stress of paying your fee upfront. A No Win No Fee solicitor is a great way to avoid this additional stress. No Win No Fee means you will only pay your legal fees, if and when your case is successful. Call Legal Expert today to ask about no win no fee.
Contact Legal Expert Today
Do you think you have a legitimate case to claim compensation for medical negligence around your hip replacement treatment? Call Legal Expert today for your free legal consultation. One of our understanding advisors will assess your case to see if you could make a claim for compensation, tell you how much your claim could be worth and will match you to the right solicitor to handle your case, at no additional cost to you. Call us today on 0800 073 8804 to begin your medical negligence claim and get the compensation you are entitled to.
Useful Links
Clinical and Medical Negligence Compensation Amounts
A guide for Claimants wishing to claim clinical negligence compensation, including surgical negligence compensation amounts and a NHS medical negligence compensation calculator.
How Much Compensation Can I Claim for a Hip Injury?
Help and advice for Claimants wishing to claim compensation for a hip injury.
NHS hip replacement information.
Other Guides Available To Read
- Knee Surgery Gone Wrong Claims Guide
- Rotavirus Compensation Claims Explained
- Liverpool Walk-In Centre Medical Negligence Claims
- Spire Healthcare Negligence Claims Guide
