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MEDICAL NEGLIGENCE

Avoidable hip surgery error leaves our client needing second operation

Our specialist clinical negligence team helped secure a settlement after an avoidable error during hip surgery meant our client needed a second operation. The Trust admitted responsibility, giving her answers about what had happened and recognition that the second operation should never have been necessary. The claim helped our client find some closure after a difficult experience and move forward.

This case study explores:  
  • How an implant error meant our client needed a second operation
  • The impact the mistake had on her independence, work and family life
  • How the experience affected her confidence in healthcare
  • How the admission of responsibility and settlement helped our client move forward

A new hip was meant to give our client her independence back

After living with increasing pain from osteoarthritis, our client hoped her hip replacement would help her return to the life she enjoyed. Our client, a 55-year-old woman, went for scans that showed severe osteoarthritis in her left hip. She was referred to Royal Devon University Healthcare NHS Foundation Trust for a hip replacement and had the replacement surgery. 

The recovery from this surgery was difficult. She could not drive or return to her job as a chef and needed help from family and friends with everyday tasks like preparing food and walking her dog. 

During her difficult recovery, our client also noticed that she could feel the replacement moving and rattling slightly. At the time, she didn’t think this was something to be concerned about. 

Then our client was told something had gone wrong

Our client received a call from the Trust asking her to return to hospital. She was told that parts of her artificial hip implant had been mismatched during her original surgery. The components were different sizes and were not compatible with each other. The incident was classed as a “never event”. This means it was a serious patient safety incident that should have been prevented by the correct checks and safeguards. 

Understandably, this was difficult news to take. She had trusted the medical team caring for her and was already dealing with the challenges of recovering from major surgery. Now she was told she needed another operation. 

Starting over with a second operation

Our client later underwent a second operation to replace the incorrectly sized component. Having already been through the pain and disruption of her first operation, going through it again was upsetting, particularly because the second surgery should never have been necessary. 

The additional operation meant another period of recovery and a further delay to her return to normal life. The Trust later accepted that, had the correct implant been fitted during the first operation, our client would not have needed the second surgery. 

It also acknowledged that she would likely have recovered within six to 12 weeks of her first operation and been able to return to work and family life within that time. Instead, our client faced a much longer recovery and continued to rely on those close to her for support. 

The full impact of the negligence

The impact of the mistake was not limited to the additional operation. Our client had been unable to work for longer than expected and had lost months of her independence. Although she had not suffered any serious long-term complications, she continues to experience occasional pain and cramping in her leg. 

She also feels self-conscious about the additional scarring from her second operation. Perhaps most importantly, the experience affected her confidence in healthcare. For our client, rebuilding that confidence will take time. 

The trust admitted responsibility

After everything she had been through, our client wanted answers. She wanted to understand why she had needed a second operation and why her recovery had been so much harder than expected. Our specialist clinical negligence team helped her seek these answers. 

The Trust admitted that the incorrect-sized component had been used during our client’s original surgery. It also accepted that she would not have needed the second operation if the correct implant had been fitted. 

Reaching a settlement

While a settlement cannot undo what our client experienced, the admission of responsibility gave her recognition that the second operation was avoidable and that what happened was not her fault. 

It also helped provide clarity about what had gone wrong and give her closure after an experience that had affected her independence and confidence. Michael Blakemore-Carson, an Associate & Senior Litigation Executive in our clinical negligence team, said: 

“Our client placed her trust in the healthcare professionals responsible for her treatment and, instead of being able to focus on recovering from a major operation, she was told that a fundamental error had been made and that she would need to undergo a second, unnecessary surgery.” 

We’re here to help

Being told that something went wrong during your treatment can be upsetting. You may have questions about what happened and whether it could have been prevented. When you experience medical negligence and aren’t sure what you can do next, our team is here to help you. 

If you or someone close to you has been affected by an avoidable medical error, our specialist clinical negligence team is here to explain your options and support you through the process. Speak to our team today. 

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