Congenital Hip Dysplasia Misdiagnosis & Negligence Claims.

The exact cause of congenital hip dysplasia is generally unknown. However, there are a number of factors that may contribute to the likelihood of a baby being born with the condition, including:

• A baby born in breech position
• Not enough room in the womb, which can put pressure on the baby’s hip
• Family history of hip dysplasia or other hip problems
• Low levels of amniotic fluid during birth
• First born children, in particular girls, are also thought to be at greater risk

All babies should be routinely screened for hip dysplasia shortly after birth, especially if any of the above risk factors apply. If your baby was not screened adequately and it has resulted in complications such as arthritis, you could be entitled to claim clinical negligence compensation for them. Speak to our experienced and friendly solicitors today who will be happy to offer advice and answer any questions you may have.

If your baby’s hip dysplasia was not identified or was misdiagnosed during routine checks shortly after birth, and this has led to complications or a worsening of their condition, you may be entitled to bring a claim for medical negligence compensation on their behalf. Health professionals involved in your baby’s care—such as midwives, GPs, and health visitors—have a duty to carry out specific assessments in the early stages of life. If that duty was not upheld, resulting in harm, you may have grounds to claim. We’re here to help assess that with you.

In most instances, a parent or legal guardian will bring the claim on behalf of the child. This person is referred to as a ‘litigation friend’ and is responsible for making decisions in the best interests of the child throughout the legal process. If no claim is made during childhood, the child may pursue their own claim once they reach adulthood.

The success of any medical negligence claim rests on strong evidence. This typically includes your child’s medical records, postnatal notes, witness statements, and expert medical opinion confirming that mistakes were made. It’s important to keep hold of any paperwork you’ve been given, as this may prove helpful during investigations. If you’re unsure what you might need, we can help you gather the right information.

There are strict legal time limits for bringing medical negligence claims. In most cases, a claim must be brought within three years from the date the negligence occurred or from when it was first identified. However, for children, this three-year period does not begin until their 18th birthday, giving them until the age of 21 to make a claim themselves. That said, we strongly encourage you to get in touch with us as soon as possible, so we can start preserving evidence and supporting your case.

Compensation is designed to reflect both the impact the negligence has had and the financial costs associated with it. This can include the cost of medical treatment, physiotherapy, specialist equipment, adaptations to the home, travel to appointments, and any care needs. It also considers pain, suffering, and the effect the condition has had on your child’s life. We work closely with medical experts to build a clear picture of what your child may need both now and in the future.

Most medical negligence claims are resolved through negotiation without the need for a court trial. That said, if agreement cannot be reached, your case may proceed to court. If that happens, we’ll guide you every step of the way and represent your child’s interests with care and professionalism. We’ll always prepare your case thoroughly and discuss all your options before any decision is made.

If your claim is successful, compensation will usually be paid by the insurer of the organisation or healthcare provider found to be at fault – such as the NHS. This ensures that you are not claiming directly against an individual doctor or nurse, but against the system that failed your child.

Understanding the distinction between misdiagnosis and negligence is vital when considering a claim for congenital hip dysplasia, as each carries different legal implications. While both can form the basis of a claim, negligence encompasses a wider failure in care, whereas misdiagnosis focuses solely on errors during the identification of the condition.

Misdiagnosis: Involves failure to detect or correctly identify the condition, often during newborn checks or early assessments, leading to delayed or inappropriate treatment.

Negligence: Refers to a broader failure to meet expected medical standards, such as missing warning signs, not conducting necessary tests, or providing substandard treatment or follow-up care.

Consequences: Both can result in avoidable harm, including increased pain, mobility issues, or the need for more complex surgery.

Legal basis: Misdiagnosis may arise from negligence but isn’t always negligent in itself. To prove negligence, there must be clear evidence of a breach of duty that directly caused harm.

By identifying whether misdiagnosis, negligence, or both have occurred, a clearer legal strategy can be developed. If you suspect that poor medical care has impacted you or your child, it’s important to seek specialist advice as soon as possible.