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Press Round-Up: Regulatory and Professional Discipline – August and September 2025
Imogen Roberts
Hip replacement surgery, whereby a damaged hip joint is replaced with an artificial one, is common in the UK, with the majority of procedures being carried out on people between the ages of 60 and 80 years.
Most recover well following hip replacement but some go on to develop an infection in the artificial joint which can lead to further surgery. This can have a devastating impact on patients, including poor quality of life with pain and immobility while they await further treatment. There may also be serious long-term consequences from infection, particularly where diagnosis is delayed or treatment of the infection is inadequate. Such failings can potentially lead to the development of life-threatening conditions including sepsis.
Whether or not a legal claim for clinical negligence can be pursued in these circumstances depends upon various factors. It would need to be shown that the infection was caused by medical care that was below a reasonable standard, or that there were failings in the diagnosis and treatment that resulted in a worse outcome.
Medical negligence cases relating to infection can be complex and difficult to prove. This is because infection is a known possible complication of any surgery and does not necessarily mean that the surgeon or other medical professionals involved were negligent. Nonetheless, claims can be made in some circumstances where failings can be evidenced. Examples include a hospital not having proper protocols for preventing or managing infection, or any protocols or national guidelines not being followed by treating staff. Protocols or guidelines can cover matters such as preparation of the surgical site and wound care techniques.
Infection may be caused by substandard care during surgery but also by inadequate before or aftercare. Steps should be taken to minimise the risks of infection, particularly for the more vulnerable, including those with diabetes or those who are immunocompromised. Steps might include giving antibiotics as a preventative measure. Where proper infection prevention steps were not taken, a legal claim may be possible.
Once an infection has been identified following hip replacement surgery, it is vital that swift action is taken. This will often mean that the hip replacement needs to be removed, infected tissue cut away and a new artificial joint inserted. Further problems can arise if all of the infected tissue is not removed.
There could also be a claim if a patient was not told about the risk of infection. However, such claims are difficult to prove as a claimant has to show not only that they did not receive adequate warning but also that, had they done so, they would not have proceeded with surgery at that time. Nonetheless, successful claims are brought for failures in relation to patient consent and we can provide specialist advice about these types of cases. We have experience of claimants who have required a Girdlestone procedure following negligent treatment and infection.
The amount of compensation that may be claimed in any medical negligence case concerning infection after hip replacement will depend upon many factors. They include the long-term impact, the financial losses suffered, for example from not being able to work, and the care and treatments required as a result of the infection.
At Kingsley Napley we are experts in bringing claims for surgical infections especially in relation to problems with hip replacements. We will be able to advise you about all of your options and the potential compensation that may be claimed. There is more information about hip surgery claims on our website here.
Traditionally, two sperate operations are needed to remove an infected hip joint, cut away the infected tissue and then replace it with a new one. However, recent research has shown that a procedure whereby the process is done within one operation – a one stage hip revision – can lead to improved outcomes with fewer complications and a quicker recovery. Researchers have recommended the use of one-stage surgery wherever possible.
If you have any questions, please contact James Bell in our Medical Negligence and Personal Injury team.
James Bell is the head of our Medical Negligence and Personal Injury practice and joined the firm in 2023 from Hodge, Jones & Allen. He has undertaken medical negligence cases for over 20 years.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
Imogen Roberts
Sharon Burkill
Jenny Higgins
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