A hip replacement surgery negligence claim seeks compensation when there is medical negligence with an operation replacing the hip joint. You or a loved one could suffer surgical negligence, and you may have a compensation claim for damages. 

Hip replacement surgery negligence could be when the surgeon fits the wrong size hip replacement joint or operates on the left hip instead of the right one. You claim for the effects of medical negligence on your life today and in the future. 

A medical professional owes you a duty of care when treating you; if they breach that duty of care and cause you harm, it could be medical negligence. Medical negligence is treatment by a medical professional that no other doctor, nurse, or surgeon would provide in similar circumstances. 

A No Win No Fee medical negligence solicitor can handle your hip replacement surgery claim and get you the compensation you deserve.

Hip Replacement Surgery Negligence Claim

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What is hip replacement surgery negligence?

Hip replacement surgery negligence is medical negligence when replacing your hip joint. If you or a loved one suffers surgical negligence when having hip replacement surgery, you may have a hip replacement surgery negligence claim. 

Hip replacement surgery in the UK is one of the most popular types of surgery in the NHS. There are over 50,000 hip replacement surgeries per annum, and the need for hip surgery increases with age, with those over 65 accounting for two-thirds of these surgeries. Around 5% of hip replacement patients have an issue with their hip replacement surgery, some problems with hip replacement surgery may be due to medical negligence. 

A hip replacement surgery may be medical negligence if the patient suffers unnecessary pain and discomfort after the operation. If you suffer due to hip replacement surgery negligence, you may have a compensation claim for the effects on your health. 

The Medical Negligence Team, No Win No Fee solicitor, can look at your case and see if you have a valid compensation claim for hip replacement surgery negligence.

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Common hip replacement surgery claims

Common hip replacement surgery claims range from inserting the wrong size hip joint to negligence during the hip replacement surgery to wrong side hip replacement surgery. If you or a loved one suffers surgical negligence, you may have a medical negligence compensation claim. 

A medical negligence claim for hip replacement surgery errors may get you the compensation you deserve for the suffering. 

Common claims for hip replacement surgery negligence:

Common hip replacement surgery claims

Wrong size joint hip replacement claims

Wrong size joint hip replacement claims are for when the incorrect replacement hip joint is inserted during surgery. It could be that the hip is too big or too small, but the slightest error in hip size can cause you a lot of suffering. 

The orthopaedic surgeon and their team should double-check that they have the correct joint for your hip replacement before carrying out the surgery. 

Replacing a hip joint with the wrong size hip joint can cause pain and discomfort, and you could need to undergo further surgery to correct the surgical negligence. 

The requirement for early revision or a complete further replacement soon after the initial procedure can often be a sign of medical negligence. 

Failure to inform surgical negligence claims

Failure to inform surgical negligence claims is when the surgeon or the surgical team fails to inform you of the dangers, outcomes, and possible alternatives to your hip replacement surgery. 

Failure to inform could be:

  • Failing to inform the patient of the danger of blood clots
  • Failing to inform the patient of side effects, such as short leg
  • Failing to inform the patient that exercise may be an alternative to surgery

The surgical team must inform you of all possible outcomes and alternatives to hip replacement surgery, and a failure to inform could be surgical negligence.

Nerve damage in hip replacement surgery claims

Nerve damage in hip replacement surgery claims is not unusual and the effects could be with you for life. Nerve damage can take years to heal, and if the damage is severe, you may suffer serious pain throughout that side of the body. 

Nerve damage in hip replacement can cause:

  • Chronic pain when the surgeon nicks a nerve removing the old hip joint
  • Foot drop when it is difficult to move or lift your foot or toes
  • Discomfort and problems with walking, sitting, and sleeping

If you suffer nerve damage during hip replacement surgery, you may have a medical negligence compensation claim.

Infection due to hip replacement surgery claims

Infection due to hip replacement surgery claims can keep you in the hospital for a long time, could put you in danger of sepsis, and you could need further surgery. 

Hip replacement surgery is invasive, and infection can get into the bone, causing more damage. 

Infection can happen during hip replacement surgery if:

  • There is a failure to act quickly enough on the signs of an infection
  • A collection of blood called a haematoma is not recognised in a timely fashion
  • The joint is already infected, and the surgeon fails to act

Any infection contracted during surgery can be very dangerous and even put your life in danger.

Wrong side hip replacement surgery claims

Wrong side hip replacement surgery should not happen if the surgeon and surgical team follow full protocol before and during the surgery. 

Hip replacement surgery negligence happens when the team breaches their duty of care to you, and wrong site surgery is not unusual in medical negligence claims. 

Wrong side hip replacement surgery can happen:

  • The team does not follow pre-surgery checks
  • A surgical team member does not mark the correct hip for surgery
  • The surgeon does not follow protocol for doing the hip replacement

Wrong side hip replacement should not happen, but it can do if the surgeon does not perform their duty at a professional level when doing your surgery. 

If you or a loved one suffers hip replacement surgery negligence, you could have a medical negligence compensation claim.

Our Process

Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.

Enquiry

The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.

Medical Evaluation

Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.

Legal Letter

Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.

Compensation for hip replacement surgery negligence

You can seek compensation for the effects of hip replacement surgery negligence in amounts from the low £10,000s to over £10 million in some cases. You could suffer the medical negligence of wrong site surgery for a hip replacement or infection due to hip replacement surgery negligence. 

You may suffer the effects of hip replacement surgery negligence, and you can claim for those effects today and in the future. Compensation claims are for several factors, such as how much discomfort and disruption you experience in your life today and in the future. 

The compensation awarded can be for when you have chronic pain due to nerve damage after hip replacement surgery, or you need further surgery after errors during the hip replacement or have the wrong size hip replacement fitted. 

Claims sometimes see high awards, such as when the patient suffers pain and discomfort and needs further surgery or when an infection spreads into the bones and the patient develops sepsis.

Compensation for hip replacement surgery claims can see awards of:

  • Chronic pain from errors during hip replacement surgery – £26,500
  • Failure to inform a patient before hip replacement surgery – £32,900
  • Short leg problem due to severed nerves during hip surgery – £44,700
  • Defective hip joint causes severe pain for surgery patient -£58,700
  • Wrong site surgery for hip replacement – £66,200
  • Wrong size hip joint causes pain and further surgery for a patient – £78,450

All amounts are approximate and are only a guide to what is possible in a hip replacement surgery negligence claim. Figures can be high in some claims as you or a loved one could need long-term care; you may face medical bills for life due to damage, such as a short leg or chronic pain in the hip joint.

compensation claim calculator

You may be able to claim for these care expenses and the medical costs in the future with a medical negligence compensation case. 

As in all medical negligence claims, each case is dealt with on merit and how much the patient suffers due to the hip replacement surgery negligence. 

A No Win No Fee medical negligence solicitor will be the one to advise you on a hip replacement surgery negligence compensation claim. 

A Medical Negligence Team solicitor will know from experience what your case may be worth and how to make a successful compensation claim.

Who is eligible for compensation in a medical negligence claim?

The patient who suffers pain, disability, or anxiety and sees their condition getting worse due to medical negligence may be eligible to claim compensation. 

Hip replacement surgery negligence can cause pain and anxiety and have you facing further medical treatment, such as surgery or intensive care for the effects of an infection, and you may be able to claim compensation. 

The medical negligence of poor hip replacement surgery has made you ill; it may affect your ability to lead a normal life, and you could need further medical treatment. You can claim compensation for the effects of the medical negligence on your life today and in the future. 

You, the patient, are the one to suffer due to the damage to the hip, the surrounding joints, and the severed nerves. Hip replacement surgery negligence may cause the existing hip condition to get a lot worse or even put your life in danger. 

Medical negligence may lead to psychological trauma, unnecessary pain, and disability. The patient, though, may be unable to claim due to the effects of the medical negligence, and their dependants may be able to make the compensation claim. 

The loved ones in a medical negligence case are known as ‘dependents’ and can be:

  • A spouse or former spouse of the injured person
  • Someone who lived with the patient for two years as a husband, wife, or civil partner
  • Blood children adopted children or those who became children through marriage or civil partnership
  • Parents and those acting as parents, such as a guardian or step-parents
  • Grandparents or great-grandparents
  • Brothers, sisters, cousins, and other direct relatives

When you have a medical negligence claim due to errors in the hip replacement surgery, your No Win No Fee medical negligence solicitor can help make the case for compensation.

What can you claim for in hip replacement surgery negligence compensation?

You can claim for any damages that occurred when you sue for hip replacement surgery negligence compensation. 

There are two types of compensation damages due when suing for any type of medical negligence, such as defective hip replacement surgery:

General Damages in a hip replacement surgery negligence claim are when you sue for the pain, suffering and loss of amenity, PSLA, you have experienced due to the surgical negligence when doing your hip replacement surgery. 

  • Pain is that above what is normally expected for your condition, made worse by the negligence 
  • Suffering is the inconvenience and changes to your life that cause you unnecessary discomfort when you suffer hip replacement surgery negligence
  • Loss of Amenity is any difficulty you have in doing everyday tasks, such as walking, sitting, playing sports, and sleeping.

Special Damages in a hip replacement surgery negligence claim can include any loss of earnings, future care costs, and out-of-pocket expenses. 

  • Loss of earnings includes compensation for time off work and any reduction of your income in the future 
  • Future care costs are for any care you will need as a result of the errors in your hip replacement surgery, and any worsening of your condition 
  • Out-of-pocket expenses cover medical appointments, travel, accommodation, and meals 

Be sure to keep payslips, receipts, and proof of any losses you experience due to the effects of hip replacement surgery negligence.

You deserve compensation to cover all losses, including loss of life for dependents, medical costs, and long-term care needs. 

You can claim medical negligence compensation when you or a loved one experiences unnecessary suffering due to hip replacement surgery negligence.

medical negligence compensation types

How to make a claim for medical negligence

The steps involved in making a claim for medical negligence against the NHS. 

The steps are a part of any successful compensation case, and settlement can happen at any stage in the process. 

Your medical negligence solicitor will do the rest when you follow the steps correctly and gather all the facts and figures.

Seek medical advice on the effects of the medical negligence and any unnecessary suffering you experience, as soon as you realise you may be a victim of hip replacement negligence leading to unnecessary suffering, health concerns and further surgery.

Contact a specialist medical negligence solicitor who operates on a No Win No Fee basis and tell them what went wrong. The right solicitor will look at the case, see where the problem lies, and advise if you have a claim for medical negligence. 

The Medical Negligence Team also have a 100% Compensation Guarantee scheme, where you get all the money awarded in a negligence claim. 

You or a loved one suffered medical during the hip replacement surgery, and you should get all the money due for the medical negligence.

Your medical negligence solicitor obtains the medical records with your permission. By reading the records, they will confirm if they think you have a valid claim for medical negligence due to errors with the hip replacement surgery. 

The medical negligence team will know from your medical records if the case will result in compensation being paid.

The medical negligence solicitor sending a letter of claim to the negligent party is the next step. The letter will ask them to admit the medical negligence in what is known as ‘sending a letter of claim.’ 

When the negligent party receives the letter of claim, they have up to four months to provide a written response.

Getting a response from the negligent party’s insurer will move the compensation claim closer to a conclusion.

The insurer will either admit to the claim of medical negligence or say they intend to defend the case. Deciding to defend the claim is known as ‘deny liability’ in legal terms. 

If they admit liability, your medical negligence claim can be valued, and the two parties will meet to decide on the compensation payment. 

Your solicitor will negotiate with the negligent party and use their experience to get the compensation you deserve for any suffering due to hip replacement surgery negligence.

Issuing court proceedings is the next step if they deny liability in your claim for medical negligence. 

Going to court happens, too, when they are not prepared to pay a fair amount for the damages you or your loved ones suffered due to the surgical negligence. Your medical negligence solicitor issues the court proceedings.  

Remember that less than 1% of medical negligence cases end up in court, and very few of those cases ever make it to the courtroom.

making a medical negligence claim

Who can be responsible for surgical negligence?

A medical professional is responsible for any surgical negligence. When you bring a claim for surgical negligence, such as for hip replacement surgery negligence you claim against the NHS Trust or private clinic that employed the medical professional responsible.

A medical professional responsible for the surgical negligence could be:

  • The surgeon who fitted the wrong size hip replacement joint
  • The surgical team who failed to inform you of alternatives to surgery
  • The hospital consultant who carried out the wrong-site surgery
  • The surgeon responsible for cutting nerves in the hip joint
  • The hospital responsible for surgical protocols and NICE guidelines
  • The hospital responsible for hiring suitable medical professionals
  • The hospital responsible for providing surgical care
Who is responsible for medical negligence

Every medical professional owes you a duty of care when dealing with your health problems. You may suffer surgical negligence if they are negligent with that duty of care and do not provide you with a professional service when under their care.

Medical negligence is treatment below an acceptable standard by a medical professional. Instead of putting the care needed into your surgical care, the treatment team made avoidable errors, which is clear medical negligence. 

By behaving less-than-professionally, the doctor risked your health, or that of a loved one, and the financial and emotional effects could be with you for life.

You can claim compensation for the surgical negligence and get help getting your life and your health back on track.

Our Process

Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.

Enquiry

The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.

Medical Evaluation

Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.

Legal Letter

Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.

Surgical Negligence Claim UK

A surgical negligence claim in the UK is when you or a loved one suffer medical negligence during, before or after surgery and may have a compensation claim for the effects. 

You could suffer the effects of surgical negligence, like hip replacement surgery negligence, today and in the future. Chronic pain, difficulty walking, and problems with driving and working could all have a significant effect on your life. 

The NHS pays out over £6.6 billion in compensation claims each year. There are more than 13,000 claims annually, and over 51% of claims result in damages being paid. In 2023 more than 1,100 medical negligence claims in the UK were for surgical negligence, ranking it third in the list behind Obstetrics and Emergency Medicine claims.

You may have a compensation claim if you suffered medical negligence before, during, or after surgery. 

A No Win No Fee medical negligence solicitor can look at your claim and see if you have a valid claim for surgical negligence compensation.  

Surgical Negligence

Using No Win No Fee Medical Negligence Solicitor

Using a No Win No Fee medical negligence solicitor is the only way to a successful compensation claim for medical negligence. Your No Win No Fee medical negligence solicitor will not charge you for a claim you do not win.

The medical negligence solicitor will have experience dealing with the NHS and insurance companies when handling any medical negligence claim. They will know the effects of hip replacement surgery negligence, the history of similar cases and who is responsible for the medical negligence. 

Your No Win No Fee solicitor will handle your case when you suffer from hip replacement surgery negligence and know how to make it a successful compensation claim. 

Always have a fee agreement in place before engaging a medical negligence solicitor. If they start talking of a ‘win fee’ or a ‘success fee,’ you should walk away. The negligent party insurers should pay all fees. 

The medical negligence solicitor should also operate a 100% Compensation Guarantee scheme. When you win the case, all the money awarded should go to you, not the solicitor. 

You are the one who experienced the medical negligence, and you deserve the compensation to get your life back to normal.

Using a No Win No Fee solicitor

How long do you have to claim for surgical negligence?

You have three years to make a claim for surgical negligence. All medical negligence claims are subject to limitation periods. 

For example, in England and Wales, medical negligence cases for hip replacement surgery negligence must generally be brought and court proceedings issued within three years of the injury or three years of knowledge of the facts giving rise to the claim. 

If someone has passed away due to a breach of duty of care by a medical professional, it is the date of death if the limitation period has not expired by that time. 

Children not under a disability typically have until they reach 21 to start a medical negligence claim or court proceedings. 

Persons with a disability, who lack capacity, are not subject to any limitation period.

Make a Medical Negligence Claim Today

Make a medical negligence claim today by contacting the Medical Negligence Team to discuss your hip replacement surgery claim. You suffered from the effects of the hip replacement surgery negligence, like the wrong size replacement joint or severed nerves in the hip, and you may be able to claim compensation.

At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis, and you will not be out of pocket for an unsuccessful claim. We have both the legal and medical experts to guide you along the steps to a successful claim for compensation. 

We have a very high success rate and a reputation for a speedy and successful resolution to hip replacement surgery negligence claims. 

You may have a compensation claim if you experienced surgical negligence and suffer the effects today and in the future. Our 100% Compensation Guarantee puts all the money you win for the hip replacement surgery negligence claim into your pocket. 

Contact us at the Medical Negligence Team, and let us handle your hip replacement surgery compensation claim.

speak to a medical negligence expert today