Dianne Willmore, who passed from mesothelioma in 2009, won a landmark £240,000 case, holding Knowsley Borough Council liable for her asbestos exposure during school. Her case prompted legal and financial ramifications for local authorities nationwide, leading to increased awareness and changes in asbestos-related negligence proceedings.
Congenital Hip Dysplasia Claims
Our Personal Injury Claim Solicitors are experienced in dealing with all types of personal injury cases, and we have helped thousands of people receive compensation for their injuries and illnesses.
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What is Congenital Hip Dysplasia?
Typically, the term developmental dysplasia of the hip (DDH) is used in referring to patients who are born with dislocation or instability of the hip, which may then result in hip dysplasia. More broadly, DDH may be defined simply as an abnormal growth of the hip.
Abnormal development of the hip includes the osseous structures, such as the acetabulum and the proximal femur, as well as the labrum, capsule, and other soft tissues. This condition may occur at any time, from conception to skeletal maturity. The cause of DDH is not clear. However, some factors are known to contribute to the chance of a baby being born with DDH. Only 1 in 75 babies with a risk factor have a dislocated hip.
Claiming for misdiagnosis of DDH
DDH claims involve the failure to diagnose and treat hip dysplasia timely and are typically brought against hospital paediatricians or general practitioners who negligently fail to detect the condition at an early stage so that appropriate treatment can be commenced.
Diagnosis at birth in hospital or at 8 weeks by the GP is best because if it is detected early it can usually be dealt with with simple, non-invasive treatment. Checks are also carried out by health visitors at 8-9 months and 2yrs. A delay in the diagnosis of hip dysplasia may result in unnecessary surgery and disability over the lifetime of the child.
Risk Factors Include
- Family history If there is a parent, brother, or sister with DDH then this makes it five times more likely than normal for a child to have DDH.
- Gender About 8 in 10 cases of DDH are female. This may be due to oestrogen (the female hormone) that is made by the female fetus (the unborn baby). This makes the ligaments stretchier and means that the bones are more likely to move out of position.
- Pregnancy conditions If there is only a small amount of fluid in the womb (uterus) this is called oligohydramnios. This can increase the risk of developing DDH because the baby is not able to move about within the uterus as much.
- Breech position If an unborn baby is in the breech position (feet down position in the uterus), this can put the legs in a position that increases the risk of DDH. Most breech babies are born by Caesarean section. These babies have a risk of DDH seven times higher than normal. (The risk of DDH for a breech baby delivered vaginally is 17 times higher than normal.)
- Firstborn baby About 6 in 10 cases of DDH occur in firstborn children. This may be because the uterus is tighter and less elastic than in future pregnancies so that the baby has less room to move.
Other abnormalities. If the baby has cerebral palsy, spinal cord problems or other nerve and muscle disorders, this increases the risk of developing DDH. DDH is also more common in premature babies or babies born weighing more than 5 kg. - Race The risk of a child having DDH is much greater in certain races. For example, DDH is much more common in Native American children and much less common in Chinese and African American children. This may be due partly to the position that Native American babies are swaddled in.
More specific terms are often used to describe the condition more precisely; these are defined as follows:
- Subluxation– Incomplete contact between the articular surfaces of the femoral head and acetabulum
- Dislocation– Complete loss of contact between the articular surface of the femoral head and acetabulum
- Instability– Ability to subluxate or dislocate the hip with passive manipulation
- Teratologic dislocation– Antenatal dislocation of the hip
Early diagnosis is the most crucial aspect of the treatment of children with DDH. The use of ultrasonography and other diagnostic imaging modalities and the implementation of improved educational programs will most likely decrease the number of children with DDH who are diagnosed late. Newer, less invasive surgical techniques (eg, endoscopic techniques and image-guided surgery) are being developed in an effort to decrease the morbidity of surgery and to ease recovery.
Congenital hip dysplasia treatment
Treatment is needed because if the head of the femur is left in an abnormal position then the hip joint develops abnormally. The earlier treatment is started after birth, the greater the likely success of treatment and the lower rate of long-term complications.
The goal of treatment is to relocate the head of the femur into the acetabulum. This then allows the structures of the rapidly developing hip joint (femur, acetabulum, supporting ligaments, etc) to become established normally. The treatment goal can be achieved through a variety of methods, depending on the age of your child. The success rate of simple non-surgical treatments reduces significantly after 7 weeks of age.
Commonly used treatments are as follows
1. Pavlik harness
This is a device that is used to hold the hips in the correct position. It is often the first treatment used in children under 6 months old. It usually needs to be worn for at least six weeks full-time and six weeks part-time in young babies. Older babies may need to wear it for longer. During this time, ultrasound scans are usually done to check that the hip is in the correct position. This harness keeps the legs bent and turned outwards, but allows certain movements. It does not allow your child to straighten their legs or turn them inwards. The harness is adjusted as the child grows and as the hip stabilises.
For mild DDH (subluxation) this harness works in more than 9 in 10 children if used at this young age. In severe DDH (dislocation) the harness is effective in about 8 in 10 children. The main possible complication of the harness is called avascular necrosis. This is uncommon (about 2 in 100 babies treated with the harness) but sometimes occurs if the hip is not held in the correct position. (Avascular necrosis means that the bone tissue at the head of the femur dies due to undue pressure on the blood supply to the bone.)
2. Closed reduction and hip spica
This method is used in children over 6 months of age, or if the Pavlik harness is not effective. This involves your child being given an anaesthetic. While they are anaesthetised, the doctor positions the hip the correct way and then applies a special cast or plaster to keep the hip in the right position. The position of the hip is confirmed as correct by an MRI or CT scan done after the procedure. This cast is kept on for at least 12 weeks.
3. Open reduction
If the above options fail or your child is much older when DDH is diagnosed, then an operation is needed. The operation involves loosening the tendons around the hip and removing anything that is stopping the hip from moving freely. Once the bones are in a good position, the joint is strengthened.
4. Other types of surgery
If DDH has not resolved by 18 months, more complicated surgery is required. This involves removing some parts of the bone and joint so that the hip can be kept in the right position.
What if developmental dysplasia of the hip is not treated?
If your child’s DDH is not diagnosed and treated early, they may develop early arthritis of the hip joint. This causes pain and reduced movement. The treatment of DDH gets more complex and with less chance of success once your child’s bones have fully developed. Even at this stage though, treatment can still provide a long-term outcome which is better than the alternative of no treatment.
What is the outlook (prognosis)?
Most children who are diagnosed early and treated before the age of 6 months have an excellent outcome. However, they will usually need to be reviewed with X-ray pictures taken throughout childhood until their bones have fully developed. The outlook is less good if the diagnosis or treatment is delayed, especially if the child has begun to walk before DDH is diagnosed. About 3 in 10 hip replacement operations done in people under the age of 60 years are because of DDH (either untreated, unsuccessfully treated, or delayed in treatment).
The claim process
1. Consult our medical negligence solicitor
It is advisable for you to speak to an experienced team of Medical Negligence Solicitors as soon as possible if you believe that you were not provided with an adequate or appropriate level of medical care, which resulted in you sustaining an injury or illness.
2. We obtain your medical records
After the consultation with your medical negligence solicitor, he/she will request access to your medical records and engage an independent medical expert to assess your records. The purpose of engaging an independent expert is to establish whether there was any negligence on the part of the medical professional.
3. The medical negligence litigation process
Where the independent medical expert is of the professional opinion that medical negligence did occur, upon your instructions, your solicitor will commence the process of issuing legal proceedings in Court against the medical professional and/or hospital.
Statute of Limitation
The legal time limit to make a medical negligence claim is two years from the date of injury or date of knowledge that the injury or illness resulted from medical negligence. For children/minors, the time limit expires two years after their 18th birthday. You may contact a solicitor to discuss your case and advise you of the statute of limitations applicable to your case.
Our team
At Coleman Legal LLP, medical negligence claims constitute a large part of our caseload, and with that comes first-rate experience and general awareness of the area by our practitioners. We can advise you on your case, and you will be guided through the legal process as sensitively as possible with our support.
Clients can expect support and sensitivity along with our expertise in the area. If you believe that you have suffered due to medical negligence, either in your treatment or due to misdiagnosis or delayed diagnosis, Coleman Legal LLP can advise you whether you may have a case against another party and will support you through the entire process.
- Negligently handled births
- Problems not detected during pregnancy
- Failure to detect serious abnormalities pre-birth
- Errors during Ante-Natal care Injury or death due to medical instruments and/or anaesthetics or inadequate suturing
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