Clinical Negligence

Settlement of claim for damages following negligent hip replacement surgery

Jonathan Herbert, specialist clinical negligence lawyer acting for the claimant successfully obtained a settlement of £145,000 to compensate her for her pain and suffering and financial losses following a peri-prosthetic fracture caused by negligent hip replacement surgery.

The patient was aged 47 when she underwent hip replacement surgery at Southlands Hospital in Shoreham-by-Sea.  Unfortunately, the implant was not sited properly and there were failures to note that and consider options.  This resulted in a vulnerability in the claimant’s femur.

At age 54, as she tried to get up after a fall, her leg gave way.  She suffered a comminuted fracture to the proximal part of her femur; a peri-prosthetic fracture of Vancouver B type with a medial butterfly fragment because of the failures of the previous operation.  The claimant underwent corrective surgery and then further surgery to remove metalwork two years later.

The claimant continued to suffer pain and weakness to her right hip and thigh. This restricted her mobility and her ability to carry out certain activities. She lost confidence, especially with balance and when carrying items.  Her orthopaedic prognosis was poor.  Her disabilities were permanent and she will suffer such limitations for the remainder of her life.  She also suffered an adjustment disorder with symptoms of post traumatic stress and mixed anxiety and depressed mood.  However, her psychiatric prognosis was reasonably good following treatment.

The defendant admitted that had been a technical error during the procedure which was sufficient to establish medical negligence.

The case was heading to an assessment of damages hearing but a settlement was negotiated at a meeting with the defendant’s lawyers.

Jonathan Herbert specialises in clinical negligence compensation claims.  If you would like to ask Jonathan a question about a potential case, or if you have a general query about any personal injury, contact him at Thomson Snell & Passmore solicitors on 01892 701226 in confidence.

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