Hip Dysplasia Claims

Developmental Hip Dysplasia (DDH) is a condition where the ball and socket joint of the hip does not form properly in babies and young children. If this condition is not diagnosed at a young age it can have significant consequences and lead to long term disabilities such as leg length discrepancy and osteoarthritis.
 

Delays in diagnosis of DDH can give rise to a clinical negligence claim.

A baby’s hips should usually be checked following birth (within the first 72 hours) and again by their GP at 6 – 8 weeks. DDH can be missed.

What are the long-term consequences of developmental dysplasia of the hip?

If DDH is diagnosed late, this can mean that the opportunity for treatment (such as a Pavlik harness or even surgery) can be missed and those affected can end up with pain, a limp, osteoarthritis and require earlier hip replacements. Generally speaking, the later the  diagnosis the higher chance there is  of a child needing remedial surgery and a higher risk of long-term complications.

If you or a family member is concerned about DDH, please contact us to discuss how we can help.

Your claim - why us?

Our lawyers have experience in bringing claims for children with DDH and work closely with leading orthopaedic experts.

Our lawyers are recognised by the Legal 500 and Chambers directories as specialists in clinical negligence cases. Our team includes lawyers with specialist clinical negligence accreditations from Action against Medical Accidents (AvMA) and the Law Society.

Frequently Asked Questions

Is there a time limit for bringing a claim?

There are strict time limits for bringing a negligence claim for injury in England and Wales. This is called the limitation period. For adults, the usual rule is that a claim must be formally started at Court within three years of the date the negligence occurred, or of the date on which the injured person should reasonably have been aware that there might be grounds to bring a claim (if that date is later).

Where a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court. Where the claim relates to someone’s death, the limitation period is three years from the date of death or from the ‘date of knowledge’ (if that is later).

There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.

It takes time to investigate a claim, so you should contact us as soon as possible.

 

Can I bring a claim on behalf of a child or a family member who is not able to do it themselves?

If a child (or an adult who does not have mental capacity) is injured by negligence, a family member or other trusted person can act as a ‘Litigation Friend’ and bring the claim on their behalf.

Usually claims relating birth injury are brought by one of the child’s parents, who take on the role of ‘Litigation Friend’.

 

What is the process for bringing a claim?

We start by obtaining evidence including medical records, witness statements and expert evidence to prove that the child’s disabilities were caused by medical negligence. 

We also calculate the amount of compensation that can be claimed.  Typically, this involves instructing experienced experts to advise on all aspects of your child’s needs, in order to maximise the level of compensation.  We then try to reach a financial settlement with the Defendant (the organisation or individual legally responsible for the negligent care).  

In some cases settlement is agreed at an early stage. In other circumstances, it may be necessary to begin Court proceedings.

For further information on this process, read our Guide to Making a Claim.

 

Will the case be decided by the Court?

Probably not.  The vast majority of medical negligence claims are not decided by the Court.  Successful claims are usually resolved through agreement of a settlement either before or during Court proceedings. Occasionally, the Court will decide a case, if it cannot be resolved any other way.

Where the claim is for a child, or for an adult who does not have mental capacity, the Court will be asked to consider and approve the settlement.  This is a safeguard required under the Court rules to ensure that the settlement is in the best interests of the injured person.

 

What is the benefit of bringing a claim for my child?

If medical negligence was the cause of your child’s disabilities, bringing a claim can secure substantial compensation to meet their needs throughout their lifetime.  Having the funds to buy-in additional support can be transformative. Local authorities have limited budgets and many specialist therapies, such as neurophysiotherapy can be denied to children by the NHS.

There are a lot of resources available to empower disabled people and allow them to live life fully.   However, this often costs more than for non-disabled people.  A claim can secure the funding for life enhancing care, specialist equipment, support with education, adapted accommodation and therapies.   It can also provide long-term financial security for someone whose ability to work is affected by their disabilities.

 

We are struggling with the effects of our child’s disabilities.  Will it take a long time before the case is concluded?

Medical negligence claims typically involve detailed investigation and expert evidence.  They often take a number of years to resolve.  

Our approach is to seek an admission of liability (i.e. confirmation that negligence occurred and caused injury) as early as possible in the process.

When liability is established, the Defendant usually has to pay part of the compensation immediately.  This allows your child’s needs to begin to be met from the compensation, while the work to quantify the full amount of compensation continues.

 

How do I access medical records?

Medical records are usually the starting point for our investigation of a claim.  With your permission; we request these records directly from the treatment provider(s).

Our clients sometimes wish to obtain copies of their birth notes and their child’s medical records themselves, before deciding whether to begin a claim.  Please see our Guide to Accessing Medical Records for further information on how to request records.

 

Do you offer 'no win, no fee' agreements?

Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not (in almost all cases) have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.

Please see our page on How are claims funded?

 

Other organisations and resources that may help

• AvMA (Action against Medical Accidents) 
• GMC (General Medical Council)
• NMC (Nursing & Midwifery Council) 
• Parliamentary and Health Services Ombudsman
• APIL (Association of Personal Injury Lawyers)