Hip Dysplasia Surgery Claims: A Step-by-Step Guide

Introduction

Recent investigations into unnecessary hip surgeries performed at Children’s Health Ireland (“CHI”) Temple Street and the National Orthopaedic Hospital Cappagh (“NOHC”) between 2021 and 2023 have left many families with understandable concerns about the care their child received.

In our latest Guide, we explain everything you need to know about Hip Dysplasia, including how the condition is diagnosed and treated and the steps involved in making a Hip Dysplasia claim.

What is Hip Dysplasia?

Hip Dysplasia or Developmental Dysplasia of the Hip (“DDH”) is a congenital condition in which the hip joint does not develop properly in infants and young children. The hip socket may be too shallow to hold the femoral head securely, leading to looseness or instability. In more serious cases, the hip may be partially (subluxed) or fully dislocated.

DDH is a congenital condition, meaning it is present at birth. It can occur in one or both hips but is more common in the left hip.

How is Hip Dysplasia Diagnosed?

There are certain risk factors that can make a diagnosis of DDH more likely. DDH is more common in girls, in first-born children, in families with a history of childhood hip problems and in babies born in the breech position (feet or bottom downwards after 28 weeks of pregnancy).

In Ireland, all newborn babies undergo DDH screening at birth within the first 72 hours of life. The newborn is laid out flat and their hips are moved gently. A “clunk” sound can indicate that the hip joint is out of place and should flag the need for further investigations, likely an ultrasound to definitively diagnose the condition.

Often, babies diagnosed with DDH will go on to develop normal hips within 12 weeks. In order to monitor which babies will need further intervention, regular pelvic x-rays will be carried out on the child as they grow and develop.

Early detection is key. A failure to accurately diagnose and treat DDH in early childhood may result in significantly worse outcomes for a child, including increased pain and the need for childhood surgeries. This can have a negative impact on a child’s future health and quality of life, as they may suffer from premature arthritis and require hip replacement surgery.

How is Hip Dysplasia Treated?

Babies diagnosed with DDH early in life are often treated conservatively, via the use of harnesses and / or casts.

Unfortunately, if there is a failure to diagnose a child until after the age of two, conservative treatment will no longer be an option and an osteotomy procedure or other surgical intervention may then be necessary, as well as a subsequent surgery to remove the plates and screws.

There are certain clinical indicators that doctors must take into account when deciding whether to perform surgery on a child suffering from DDH.

When is Treatment for Hip Dysplasia Negligent?

The effects of negligent treatment of a DDH diagnosis can vary greatly. Unfortunately, clinical negligence can occur at various stages in the diagnosis and treatment of a child with congenital DDH:

• Failure to diagnose in Newborns

• Misdiagnosis or Late Diagnosis

• Inappropriate Treatment (Unnecessary Surgery)

In some cases, your child may have undergone an unnecessary surgery to treat DDH. Recent investigations of hip dysplasia surgeries in Irish hospitals have found that the threshold for surgical intervention was lower than international standards. This means that you or your child may have undergone a highly invasive and painful surgery when there was not sufficient medical cause.

For further details, see our latest articles Update: Independent Review of Children's Hip Dysplasia Surgeries and Unnecessary Hip Dysplasia Surgery on Children in Dublin – Audit Findings

How do I take a DDH Negligence Claim?

If you believe you may have experienced negligence in the treatment of you or your child’s DDH, it’s important to take the right steps to protect your rights and explore your legal options.

1) Contact a Solicitor with Medical Negligence Expertise

Reach out to a Solicitor who specialises in Medical Negligence cases, such as Avril Scally or Grace Molloy, who can guide you through the legal process.

2) Prepare a Detailed Account

Write down a clear, detailed account of your experience, including when and how the symptoms began, how your diagnosis unfolded, and, if surgery was carried out, what the impact of the surgery has been on your health and your life. This will help your Solicitor to fully understand your situation.

3) Instruct Your Solicitor to Obtain Medical Records

Your Solicitor will request copies of your medical records from the relevant hospitals and healthcare providers.

4) Obtain Expert Medical Reports

To support your claim, expert opinions will be needed. Depending on your case, this may involve consultations with specialists such as a radiologist and a pediatric orthopedic surgeon. These experts will assess whether liability and causation are present.

5) Issue Proceedings

If the expert reports support your claim on both liability and causation, your Solicitor will issue legal proceedings on your behalf in the High Court.

6) Assess the Value of Your Case

Once proceedings are issued, your legal team will work to fully assess the impact of the delay, including your medical needs, loss of earnings, ongoing care requirements and emotional distress. This ensures that the full extent of your damages is captured.

7) Advance to Trial or Mediation

When your case is ready, your Solicitor will either schedule the matter for trial or seek to resolve the case through mediation with the defendants.

How is Compensation Assessed?

Compensation in a Medical Negligence or Personal Injury claim is typically divided into two main categories:

General Damages
This covers compensation for your pain, suffering, and loss of amenity — in other words, the physical and emotional impact the delayed diagnosis has had on your quality of life.

Special Damages
This refers to your financial losses, which are further broken down into:

• Past losses (e.g. expenses already incurred)

• Future losses (e.g. anticipated costs moving forward)

What are the Time Limits involved in making a Medical Negligence claim?

Under the Statute of Limitations patients have two years from the date of the negligence or knowledge of the negligence within which to file a claim.

The Statute of Limitations in cases involving children does not start to run until the child turns 18, but it is important that any potential claim is investigated as early as possible to avoid any potential issues arising with availability of medical records.

These time limitations are very strictly enforced, and it is very important that you consult a Medical Negligence Solicitor well in advance of any potential limitation date in order to avoid potentially missing the deadline.

How can Lavelle Partners Help?

DDH cases can be complex, and individuals who have suffered need expert legal support, ideally from the earliest stages of their recovery.

At Lavelle Partners, our dedicated team of specialist Medical Negligence and Personal Injury Solicitors can support you through every step of the process. With over 35 years of experience in handling complex cases, we are committed to achieving the very best possible outcomes for our clients.

Further Information

If you or a loved one have been impacted by potential negligence arising from Developmental Hip Dysplasia or believe that your child may have undergone an unnecessary hip surgery, please contact Partner Avril Scally or Solicitor Grace Molloy in our award-winning Medical Negligence & Personal Injury Team.