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If you or a member of your family has not been correctly diagnosed with and treated for congenital hip dysplasia, you may be entitled to bring a clinical negligence compensation claim. Contact The Legal Line for cost free, expert advice and assistance on 0800 0328511 or by completing a claim enquiry form online.
What is Congenital Hip Dysplasia?
Symptoms of Congenital Hip Dysplasia
Making a Clinical Negligence Claim
Congenital Hip Dysplasia Compensation
Specialist Clinical Negligence Lawyers
Congenital hip dysplasia (also known as developmental hip dysplasia) is a malformation of the hip joint, whereby the femoral head (the upper end of the thigh bone, or ‘ball’) does not sit securely in the socket (called the acetabulum). This can be caused by too shallow a socket or lax ligaments around the hip joint.
The condition is a birth defect and tends to run in families and is more common in girls and firstborn children. The severity of the condition varies, in that in some cases the ball is held loosely in the socket, whereas in others the hip may be dislocated altogether at birth. Without prompt, correct treatment, the condition invariably becomes worse over time as the child becomes more active.
In addition to the hereditary nature of the condition, it is thought that congenital hip dysplasia can also be caused by the position of the baby in the womb (particularly common with breech positions) and the amount of space in the womb which the baby has to manoeuvre.
An examination of all newborn babies is carried out to assess whether or not they may have congenital hip dysplasia. The range of movement of the hips is tested and this should be repeated at check up appointments during a child’s early years. Common signs of CDH include an uneven number of skin folds of the thighs / buttocks, less mobility on one side and a ‘clunk’ when the hip is moved around.
Pain is not normally a problem for babies with CDH, however if the condition has not been treated when the child begins to walk there may be limping and shortening of the affected limb. The treatment required when a later diagnosis is made is far less simple, often involving open surgery. Arthritic problems can also develop by early adulthood.
If congenital hip dysplasia is not detected and treated in a timely fashion, it may be possible to make a clinical negligence compensation claim if this has been caused by failure to correctly carry out the required checks.
Clinical negligence cases can be both lengthy and complicated. The support and assistance of an experienced personal injury lawyer is invaluable. The Legal Line lawyers are specialists in all aspects of clinical negligence and can provide expert claim advice at all stages of your case.
In every case, medical evidence will be required and it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (what is known in law as negligent), and that the injury sustained was a reasonably foreseeable consequence of that negligence. Your lawyer will be able to collate all of the necessary information and evidence in order to pursue your claim to the best possible conclusion.
There are two elements to a compensation award.
The first, called general damages, is for the pain and suffering you may have gone through and any loss of amenity (the inability to do something that you could do before, or would have been able to do). The award for loss of amenity can be for a short period after a medical mistake or for ever if that is what the medical evidence supports.
Whereas the first element of compensation cannot make you better and can only really apologise, the second element of a compensation award, for your losses and expenses,
is known as special damages and aims to put you back in a position financially as if the medical accident had never occurred. It is important to keep receipts for any expenditure you have related to the medical accident so that these can be reclaimed.
Awards for children are awarded in a number of ways. They can be invested under court supervision until the child reaches the age of 18 or, in cases of disability, part of the settlement can be set out into periodical payments. This is to enable payment of regular expenses such as equipment, carers and transport facilities.
The Legal Line's specialist personal injury lawyers have extensive experience in recovering compensation for the victims of clinical negligence, including claims for congenital hip dysplasia. They can provide expert claim advice on all areas of making a claim and offer the assistance and guidance that you need.