Congenital Hip Dysplasia Claims

The UK health system offers some of the world’s best medical treatment and care. However, errors can sometimes occur, and they can have devastating effects on victims and their families. When medical negligence affects younger patients, particularly babies, the impact can seem unbearable.

Congenital hip dysplasia is an innate condition that can affect babies, where the hip joint does not develop properly. It must be diagnosed and treated promptly to secure the best prognosis. Failure to do so could lead to a successful congenital hip dysplasia claim.

Medical negligence solicitors have vast experience processing compensation claims for all areas of medical negligence and substandard treatment. They work diligently with compassion and empathy to ensure your case progresses as smoothly and swiftly as possible.

As well as providing the benefit and security of a no win no fee* service, your solicitor will also work hard to ensure you receive the maximum amount of compensation possible. For a free case assessment, do not hesitate to call 0800 470 0474 today or request a call back.

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Table of Contents

• Am I eligible to make a congenital hip dysplasia claim?
• What is congenital hip dysplasia?
• What causes congenital hip dysplasia?
• What are the signs and symptoms of hip dysplasia in babies?
• What are the consequences of hip dysplasia not being diagnosed?
• How can the condition be treated?
• How can a solicitor help me make a hip dysplasia compensation claim?
• What evidence do I need to support my medical negligence claim?
• Can I make a hip dysplasia negligence claim on behalf of my child?
• What is the time limit to make a claim for hip dysplasia?
• How long will a claim for congenital hip dysplasia take?
• Will I have to go to court to claim compensation?
• How much is a congenital hip dysplasia compensation claim worth?
• How does the No Win No Fee service work?

Am I eligible to make a congenital hip dysplasia claim?

Babies who are diagnosed with hip dysplasia within six months of their birth have a much more favourable prognosis. The prime cause of congenital hip dysplasia claims is negligent delays in diagnosis. After that, the most common cause of such claims is that the treatment offered to babies with the condition was unsuitable or inadequate.

To make a successful hip dysplasia compensation claim, your solicitor must be able to demonstrate the following:

• A duty of care. All healthcare professionals must act with reasonable care and skill when providing treatment to patients, including to babies, during and after delivery. The accepted standard of care is set by the General Medical Council.
• A breach of duty. Your solicitor must show that your baby received a level of care or treatment that fell below the accepted standard. They will consult with specialists in the field and use your medical records to prove this.
• Causation. The solicitor must further highlight that the substandard care received resulted in a negative outcome for the patient. In other words, the child suffered a degree of pain and suffering that could and should have been avoided.
• Damages. You also need evidence of all the losses and expenses incurred due to the negligence, such as medical aids, lost wages to care for your child, pain and suffering.

If your solicitor can prove all of the above, you will likely be able to make a successful claim for medical negligence.

What is congenital hip dysplasia?

The hip joint attaches the femur (thigh bone) to the pelvis. The head of the femur bone is round like a ball and should fit perfectly inside the hip socket. Developmental dysplasia of the hip (DDH) or congenital hip dysplasia is a malformation in which the ball of the thigh bone does not fit securely in the socket of the hip joint.

In this condition, however, the hip socket is too shallow, allowing the hip joint to become unstable or easily dislocated. The result is that the ligaments within the hip joint are loose, impacting the joint’s mobility and function. DDH may affect one or both hips, but it is more common in the left hip.

According to the NHS, about 20 in every 1,000 babies are born with some form of hip dysplasia. The severity of the impact can vary on a case-by-case basis. In some cases, the upper end of the thigh bone may fit loosely in the socket. In others, there may be complete hip dislocation at birth, where the femur comes entirely out of the socket. The condition can become worse if it is not treated in time.

What causes congenital hip dysplasia?

The cause of this hip injury is generally unknown, and it is difficult to tell which factors can result in developmental hip dysplasia. However, there may be some contributory factors, which include:

• A family history of congenital hip dysplasia;
• Women who have low levels of amniotic fluid when giving birth;
• Babies who are born in the breech position (delivered feet or buttocks first) or conditions which affect their position whilst in the uterus;
• Babies who are born prematurely, as their hip joints may not have fully developed in the womb before birth;
• Firstborn children and girls are also thought to be at a greater risk of suffering from dysplasia of the hip.

There are no particular lifestyle activities that are associated with the development of the condition. Instead, the focus should be on delivery and the child’s immediate health after the birth.

Medical professionals must perform examinations within 72 hours after every birth to assess whether a baby presents symptoms of hip dysplasia. That involves manipulating the child’s legs to detect any abnormality in feel and movement. Sometimes, a clicking or clunking sound may indicate that the hip joint is not working as it should.

The doctor should also conduct a visual examination that may help to highlight an issue, such as any disparity in femur length. If the baby’s hip feels unstable or there are risk factors, such as being born in a breech position, the doctor should also perform an ultrasound scan of the hip by the time the baby is 6 to 8 weeks old.

Without exception, all babies should be checked for hip dysplasia promptly after their birth and at various stages during their development. Due to the rapid speed at which babies grow and develop, a delay in diagnosis or a misdiagnosis of congenital hip dysplasia can make the treatment required vastly more complicated and may result in permanent mobility issues.

A doctor who fails to provide a thorough examination or misdiagnosed dysplasia of the hip will be considered to have acted negligently. In such cases, you may be eligible to make a hip dysplasia claim for compensation.

What are the signs and symptoms of hip dysplasia in babies?

The signs and symptoms of congenital hip dysplasia can vary depending on its severity. The most common symptoms in infants and young children include:

• Reduced flexibility
• Limited range of motion
• One leg appears shorter than the other one
• Moving one leg less than the other
• Fewer skin folds compared to the other thigh
• Pain or discomfort in the hip, groin or thigh
• Dragging one leg when crawling
• Hearing a click or pop when the hip is moved in certain positions
• Walking late and limping when walking
• Having one leg that turns away from the body centre more than the other

Most babies with hip dysplasia are diagnosed before they are six months old. With early detection and treatment, they are more likely to develop normally and prevent long-term complications like pain, osteoarthritis and limping.

What are the consequences of hip dysplasia not being diagnosed?

Following birth, all babies must be examined to check for congenital hip dysplasia. Early diagnosis is essential to secure the best prognosis and effective treatment. Further checks are carried out as necessary by doctors and medical staff.

If a diagnosis is not made quickly, the child may not display signs of hip dysplasia until they begin to walk, at which stage a limp may become apparent. In case of a late diagnosis, the damage to the joint may be irreparable and lead to significant complications with mobility, agility, pain and bone-related conditions later in life. To relieve some of these symptoms, surgery may be necessary.

Common complications of clinical negligence in diagnosing hip dysplasia include:

• Damage to the cartilage inside the hip joint (hip labral tear)
• Hip instability and increased risk of dislocation
• Uneven leg length and altered gait patterns
• Early-onset arthritis due to the abnormal wear and tear of the hip joint
• Ongoing pain, inflammation and stiffness

If your child’s condition was not promptly diagnosed, you may be able to make a hip dysplasia negligence claim. You may receive compensation for their pain and suffering, as well as any related financial expenses and future care costs.

How can the condition be treated?

The treatment that is offered to a baby who has been diagnosed with congenital hip dysplasia will vary depending on the severity of the condition. The severity of the condition is also mainly attributable to the promptness of a diagnosis. Treatment options include:

• In less severe cases, the baby might have a splint applied, called a Pavlik harness. This holds the baby’s hips in a flexed and abducted position, allowing it to develop correctly over time. Regular monitoring is required to ensure the harness is adjusted correctly.
• The doctor may perform a close reduction procedure if the hip dysplasia is more severe. They will manually reposition the hip joint into its correct position under anaesthesia and use a cast to hold it in place while it heals.
• Physical therapy through stretches and exercises helps strengthen the muscles around the hip joint and improve flexibility.
• In more severe instances, such as when the femur is entirely dislocated, the baby will likely need surgery to address the complaint. The most common surgical procedures are hip osteotomy and hip arthroscopy.

If your child’s condition was not diagnosed and treated in time, a specialist solicitor could help you make a medical negligence claim. You can read more about the claims process in the sections below.

How can a solicitor help me make a hip dysplasia compensation claim?

We work in partnership with medical negligence solicitors across the UK who are highly experienced and knowledgeable in the area of birth injury claims. They will offer an expert service to victims seeking the compensation that is rightfully owed to them. Their first-rate service includes:

• A free consultation to assess if you have a valid congenital hip dysplasia claim. This is provided confidentially and with no obligation to proceed further;
• A 100% no win no fee service, which means there are no financial risks when making your claim. If your solicitor is unable to win your case, you will not pay them a penny;
• Expert and experienced clinical negligence solicitors available in various locations throughout the UK;
• An empathetic and patient approach. Your solicitor will understand and appreciate the emotional nature of these types of claims;
• A thorough review of all potential areas of loss, including physical, emotional and financial impacts;
• Help and assistance with collecting the necessary evidence to support your hip dysplasia claim;
• Handling all communication with the other party on your behalf;
• A dedication to secure the maximum compensation award for the losses you suffered due to medical negligence.

Your solicitor will strive to offer the most supportive service and work with professionalism and constant awareness of the potential emotional distress that your claim could cause you. They would be pleased to discuss your case and explain how they can overcome any concerns you might have.

To discuss your claim, please call 0800 470 0474 or use our online claim form to arrange a call back.

What evidence do I need to support my medical negligence claim?

If you have a valid hip dysplasia claim, your solicitor will help you gather everything you need to build a strong case. The types of evidence you could use to prove negligence and the damages you incurred as a result include:

• Copies of all medical records related to the diagnosis, treatment, and management of the condition, including prenatal records, X-rays, ultrasounds and other screening tests;
• Treatment records, including the use of braces, harnesses, casts, or surgical procedures;
• Records of physical therapy sessions and follow-up appointments;
• Expert testimony from qualified medical specialists who can provide insight on the cause of the hip dysplasia and whether it was the result of medical negligence or malpractice;
• Statements from witnesses such as friends and family members who were present during prenatal care, childbirth, or postnatal care;
• If available, visual evidence of the condition, such as visible physical deformities, asymmetry in leg lengths, or the use of medical devices like braces or casts;
• Evidence of established medical guidelines, protocols, or standards of care for the screening, diagnosis, and management of congenital hip dysplasia;
• Copies of any correspondence between you and healthcare providers regarding the diagnosis and treatment of the condition;
• You should also keep records of all related financial losses, such as medical bills, prescription medications, therapy costs, and any other out-of-pocket expenses incurred as a result of the condition.

This evidence will help prove liability and determine the exact compensation award you should receive. If the other party denies negligence, your solicitor will also use it to take your case to court and argue your claim before a judge.

Can I make a hip dysplasia negligence claim on behalf of my child?

If your child suffered due to hip dysplasia caused by medical negligence, you are entitled to claim compensation on their behalf. Your solicitor will help you apply to the court to be named as their litigation friend so you can start your hip dysplasia claim. Before appointing you, the court will verify that you can make fair and competent decisions about the case.

As a litigation friend, you will help your solicitor gather the necessary evidence to support the claim and will have several other responsibilities, which include:

• Approve and sign legal documents
• Make decisions about the proceedings
• Take legal advice and instruct your solicitor
• Pay any fees requested by the court
• Keep your child’s best interests in mind
• Consider any compensation offers from the defendant

If you secure a settlement for your child, you must also go to an Infant Approval Hearing in court. A judge will look at all the evidence and determine whether the amount awarded is fair and covers all the child’s needs.

The money awarded is typically kept in a court bank account and released to the child on their 18th birthday. In some cases, your solicitor may be able to help you apply for early release of the funds if you need it to cover medical treatments or if you have other pressing financial needs.

What is the time limit to make a claim for hip dysplasia?

In most circumstances, you have three years to start a personal injury claim following an accident or incident under the Limitation Act 1980. However, if you want to seek compensation on behalf of your child, you can make a congenital hip dysplasia compensation claim at any time before their 18th birthday. If you do not start a claim on their behalf, they will have three years from their 18th birthday to claim compensation themselves.

Although you have plenty of time to start a child injury claim, it is better to seek legal advice as soon as possible. This will ensure the medical records related to the diagnosis and treatment of the condition are readily available and you remember all the details about the events.

Pursuing a claim promptly may result in timely compensation to ease the financial burdens associated with the condition’s treatment and care. Your solicitor can also ensure your child gets access to the best medical treatments, which may not be available through the NHS.

How long will a claim for congenital hip dysplasia take?

Each case is unique, so it is difficult to say how long your congenital hip dysplasia negligence claim will take. However, due to their complexity, medical negligence cases usually take longer to settle than other claims.

While a straightforward road accident or workplace accident claim will take, on average, 4 to 9 months, claims for medical negligence usually take up to two years to conclude. In complex cases where the expected compensation award is considerable, settling a claim may take over five years.

A number of factors will influence the timescale of your case:

• How difficult it is to establish a breach of duty and the extent of the injury;
• The time it takes to gather all the necessary evidence to support your claim;
• Whether the defendant admits liability or fails to accept that they made a mistake;
• Whether you can settle out of court or your claim goes to trial;
• The time it takes to negotiate a compensation award that both parties find reasonable;
• The court backlog can also delay your case, even if it is a straightforward one.

Under some circumstances, your solicitor can secure interim payments on your behalf. If the other party admits liability or there is strong evidence of negligence, you may be able to receive part of your compensation award before the claim settles. This payment is provided to cover immediate financial needs or expenses arising from the condition.

Will I have to go to court to claim compensation?

Around 95% of all congenital hip dysplasia claims are settled without the need to go to court. That means there is a minimal chance your case will require a court hearing. Even if you have to go to court, you shouldn’t worry, as your solicitor will be there to support and guide you through the process. Furthermore, claims for personal injuries are heard in a civil courtroom without a jury.

As a general rule, both parties benefit from settling out of court. That means fewer expenses and a faster agreement. It is less stressful than issuing court proceedings and saves both parties a lot of time and energy.

Furthermore, settlements are private, while courtroom hearings are open to the public. Some circumstances under which your case might go to court include:

• The defendant denies liability for your child’s hip dysplasia
• You cannot agree on a settlement award
• The other side or their insurer is slow to respond to your claim
• Your case is particularly complex or involves multiple parties
• You want to ask for interim payments to cover your financial needs

How much is a congenital hip dysplasia compensation claim worth?

The amount of compensation awarded to you will depend on a number of different factors. Personal injury compensation is broken down into two parts – general damages and special damages.

The amount awarded for general damages is based on the type and severity of the injury or illness caused. They cover the subjective effects of the injury on the claimant’s life, such as:

• Physical pain and suffering
• Emotional distress
• Inability to participate in certain activities
• Reduced quality of life
• Long-term mobility issues

Special damages are based on any financial losses you have incurred as a result of the medical negligence. These could include:

• Loss of earnings from being unable to work while looking after your child
• The cost of any medication or treatment required
• Travel expenses to and from medical appointments and therapy sessions
• Other out-of-pocket expenses like assistive devices or home modifications

Your solicitor will offer a free initial consultation where they invite you to explain the details of your case and ask any questions that you might have about claiming. Once they have assessed your case, they can provide you with a realistic estimate of the likely award you should be entitled to. According to our compensation calculator, you could receive up to £78,400 in general damages for severe hip dysplasia.

How does the No Win No Fee service work?

If you have a valid hip dysplasia compensation claim, your solicitor will work on a no win no fee basis. This is a legal arrangement that is commonly used in personal injury claims. As there are no upfront fees, everyone can seek compensation for an injury or illness caused by someone else’s negligence, regardless of their financial situation. This way, you can start your claim without worrying about financial risks.

Under no win no fee, your solicitor will take on the risk of litigation. This means they will only be paid if you win the claim and receive compensation. In this case, they will be entitled to a success fee. This fee is calculated as a percentage of the compensation recovered and is agreed upon in advance. Nonetheless, this fee is capped by law at 25% of your award for general damages and past financial losses.

With this service, you also have After the Event (ATE) insurance, which will protect you from the financial risks of making a claim. If your case is unsuccessful, the ATE covers the costs of legal fees, court costs and other litigation-related expenses. You only pay the insurance premium if the claim is successful.

If you want to start a congenital hip dysplasia claim, please contact us by calling 0800 470 0474 or using our contact form. You will receive a free consultation with a legal adviser who will assess the merits of your case and answer all your questions.