Undergoing hip replacement surgery is often a significant decision, taken with the expectation that the procedure will deliver improved mobility and a better quality of life. As such, when hip replacement surgery goes wrong due to medical negligence, the physical, emotional and financial consequences can be severe.

If this has happened to you, you may be entitled to make a hip replacement compensation claim - and for many individuals in these circumstances, their first question will be how much these compensation claims are generally worth. The answer to this question is complex, as hip replacement compensation amounts will always be highly dependent on the specific circumstances of your case, and how effectively your solicitors are able to demonstrate the impact of the failed hip replacement surgery on your life.

In this blog post, the medical negligence specialists at JMW Solicitors will explore the question of how much compensation you can get for hip replacement compensation claims in more detail, providing more information on the various factors that affect this.

What are the grounds for claiming compensation for a procedure involving a hip replacement?

Hip replacement operations are common procedures, with thousands performed each year in the UK. The vast majority are successful, restoring functionality to people who have been affected by a damaged hip joint caused by a hip injury, or a condition such as rheumatoid arthritis. Hip replacements are intended to deliver pain relief and improved mobility. However, when complications arise due to medical negligence, the impact can be devastating.

You may be able to claim hip replacement compensation if it can be demonstrated that the standard of care you were provided with by your doctor fell below a reasonable level, and that you experienced a negative health outcome as a result of this. Here are some examples of medical negligence and errors in hip replacement or hip surgery that could be grounds for a compensation claim:

• Surgical errors: These are mistakes made during the operation itself. Examples include incorrectly placing the hip implant, using the wrong size implant, causing damage to the surrounding nerves or tissues, or leaving surgical instruments inside the patient.
• Inadequate preoperative planning: Before the surgery, the surgeon should thoroughly review the patient's medical history, conduct necessary tests, and plan the procedure accordingly. Failure to do so can lead to negative outcomes. For example, if the surgeon fails to recognise that the patient has a condition that increases the risk of complications - such as obesity or diabetes, or previous hip surgery - this could constitute negligence.
• Failure to obtain informed consent: Patients have the right to be fully informed about the risks and benefits of the surgery, as well as any alternative treatments. If the surgeon fails to provide this information and obtain the patient's informed consent, this could be grounds for a claim.
• Postoperative negligence: After hip replacement surgeries, patients require appropriate care to prevent infections and monitor for any complications. If the healthcare team fails to provide this care, or if they fail to recognise and treat postoperative complications promptly, this could constitute negligence.
• Use of faulty or inappropriate hip implants: If a faulty hip implant is used during the surgery, or if the implant used was not suitable for the patient's specific circumstances, this could lead to complications and may be grounds for a hip replacement claim.
• Failure to recognise or treat infections: Infections are a common complication after hip replacement surgery. If these infections are not promptly recognised and treated, they can lead to serious complications, including the need for further surgery or even sepsis, a life-threatening infection. Another example is periprosthetic joint infection (PJI), a serious complication involving infection of the implanted joint and surrounding tissue that can lead to severe consequences.
• Failure to recognise or treat dislocation or loosening of the implant: After hip replacement surgery, the healthcare team should monitor the patient for signs of dislocation or loosening of the implant. If these complications occur and are not promptly treated, the patient may suffer additional harm.

These are just some examples of the types of negligence that can occur in the context of hip replacement surgery. If you believe you have suffered harm due to medical negligence during your hip replacement procedure, it is important to consult with a legal professional who specialises in medical negligence claims. They will be able to assess your case and provide you with tailored guidance on whether you have grounds for a hip injury claim, and how much compensation you might be entitled to.

How is compensation calculated for hip replacement claims?

The amount of compensation available for negligent hip replacement claims will depend on a number of factors that are specific to your case. These include:

• General damages: This covers the pain, suffering and loss of amenity you have experienced as a result of the negligence. It takes into account the severity of your injury, the pain and discomfort you have endured, and the impact on your ability to carry out day-to-day activities and enjoy life. For hip replacement negligence, this could include the pain of a failed hip replacement, the discomfort of having to undergo revision surgery, and the impact of reduced mobility on your lifestyle.
• Special damages or past losses: This covers the financial losses you have incurred as a result of the issues with your hip replacement. It includes:
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• Medical expenses: Any costs associated with additional medical treatment, rehabilitation and care required due to the negligence can be claimed. This could include the cost of revision surgery, physiotherapy, medication, and any necessary adaptations to your home or vehicle to accommodate reduced mobility.
• Loss of earnings: If you have had to take time off work or have been unable to return to work due to hip replacement negligence, you may be compensated for these lost earnings. For example, if you were unable to return to a physically demanding job due to the negligence you suffered, this would be taken into account.
• Travel expenses: You can claim for travel costs associated with your medical appointments, such as petrol, parking and public transport costs. This could include travel to and from physiotherapy sessions, or follow-up appointments related to your hip replacement.
• Care and assistance: If you have needed help with personal care or household tasks due to your injury, the cost of this care can be claimed, even if the care was provided by a family member rather than a professional carer. This might include help with tasks such as cooking, cleaning, and personal care, which you may have struggled with due to your hip injury.
• Future losses: If your injury requires ongoing care, treatment or support, these future costs will be taken into account in your compensation claim. This could include the cost of future surgery, physiotherapy and care costs. If your hip injury will affect your ability to work or earn a living in the future, future loss of earnings will also be considered.

Each case is unique, and the exact amount of compensation will depend on the specific circumstances of your case. This is why it is important to work with a legal professional who can help you accurately calculate your damages and ensure you receive the compensation you deserve.

How can I ensure I receive a fair hip replacement compensation settlement?

Securing the maximum available compensation for hip replacement negligence requires a comprehensive and strategic approach. Here's how your legal team can ensure you are able to receive a fair settlement when you claim compensation:

• Thorough investigation: A detailed investigation is crucial to building a strong case. This involves gathering all relevant medical records and consulting with medical experts. The goal is to establish a clear link between the negligence and the harm you have suffered.
• Accurate calculation of damages: Your legal team will work with you to accurately calculate the full extent of your damages. This includes not only your current medical expenses and lost earnings, but also any potential future costs.
• Expert witnesses: In medical negligence cases, expert witnesses play a key role. These are medical professionals who can provide an independent opinion on the standard of care you received and the impact of the negligence on your health. Their evidence can establish your case and help maximise your compensation.
• Skilled negotiation: If the other party disputes your claim or offers a settlement that is lower than what your legal representatives believe you deserve, skilled negotiation is crucial. Your legal team will negotiate on your behalf, using the evidence gathered to argue for a higher settlement.
• Preparedness for trial: The vast majority of medical negligence cases settle out of court, but in the rare event that this is not possible, your legal team will present your case in the most compelling way possible, with the aim of securing the maximum available compensation.

By working with a legal team that specialises in medical negligence, you give yourself the best chance of making a successful hip replacement negligence claim, and a compensation settlement that reflects what you deserve.