Case Study: Securing Justice in a Complex Hip Replacement Negligence Claim
Undergoing surgery can be daunting, particularly when it involves complex procedures like a total hip replacement. Patients trust their medical professionals to perform with skill and care. Sadly, this trust is sometimes misplaced, leading to devastating consequences. At Coles Miller Solicitors, we recently secured justice for a client who experienced significant suffering after a negligent hip replacement surgery.
The Case: A Challenging Operation
In 2021, our client underwent a right total hip replacement. The surgery involved a posterior approach, with a longitudinal incision, made more challenging by the patient’s obesity. The procedure used a Stryker Accolade 2 femoral stem implant and a polyethylene liner in the acetabulum. However, the operation was not performed to the required standard. Specifically, the femoral implant chosen was too small to properly fit the femoral shaft.
This error caused the implant to subside, leaving our client with a significant leg length discrepancy. The consequences were severe, including: · Persistent pain from the thigh to the knee. · Dysfunction in the abductor mechanism, leading to mobility challenges. · The need for a revision surgery that could have been avoided with appropriate care.
Allegations of Negligence
We alleged that the surgical team failed to: · Perform the operation with reasonable skill and care. · Use the correct size of femoral implant, resulting in inadequate fit and offset, and contributing to the patient’s leg length discrepancy.
Admitting Fault: The Defendant’s Response
In their Letter of Response, the defendant admitted to breaching their duty of care. They acknowledged that the wrong femoral stem size had been used and that, with appropriate care, our client would not have experienced the leg length discrepancy, pain, or the need for revision surgery. Additionally, the defendant issued a formal apology to our client.
Reaching a Fair Settlement
After extensive negotiations, we achieved a successful resolution for our client. The case was settled with the acceptance of a Part 36 offer of £30,000. While no financial award can undo the pain and distress caused, this settlement provides recognition of the harm done and the means to move forward.
At Coles Miller, we understand how devastating medical negligence can be. Our experienced team is dedicated to holding healthcare providers accountable and securing the compensation you deserve.
We offer compassionate, expert support every step of the way. If you or a loved one has been affected by substandard medical care, contact us today. We’re here to listen, advise, and fight for your rights.
Our expert team of medical negligence solicitors is led by Coles Miller Partner David Simpson, whose specialisms include Cauda Equina, mismanaged labour (injuries to babies and mothers), ectopic pregnancies, appendicitis, surgical errors and vascular complications. He is based at our Poole office.