What has happened?
An independent report carried out by UK-based Orthopaedic Surgeon Simon Thomas found that many of the hip surgeries performed on children with developmental hip dysplasia (DDH) did not meet the recommended clinical threshold.
This audit has revealed that hundreds of families may be affected by procedures that were potentially unnecessary, resulting in significant distress and long-term consequences for the children involved. The audit, which examined 147 cases of pelvic osteotomies performed between 2021 and 2023, found concerning discrepancies in the application of surgical criteria across major hospitals:
- Children’s Health Ireland (CHI) at Temple Street Approximately 60% of the reviewed surgeries did not meet the clinical criteria.
- National Orthopaedic Hospital Cappagh (NOHC)Â As many as 79% of reviewed surgeries did not meet the clinical criteria.
- Children’s Health Ireland (CHI) at Crumlin In contrast, 98% of the procedures reviewed here met the agreed clinical indication.
These revelations have prompted serious questions about the standard of care, clinical criteria, and oversight within the healthcare system, particularly in paediatric orthopaedics. Concerns were also highlighted regarding surgeries performed based on vague indications like “clicky hips†or “asymmetrical thigh creases,†and some children reportedly underwent surgery without prior non-surgical treatment.
There were also allegations of using a “less invasive†technique that lacks long-term data, with parents not always being fully informed of its experimental nature. The scope of this issue is now understood to be far broader than initially believed, with investigations potentially dating back 15 years or more.
Over 2,200 families across Ireland have reportedly received letters notifying them that their child’s hip surgery is under review, underscoring the widespread impact and the demand for transparency, accountability, and appropriate support for those affected.
VHI launches investigation into unnecessary hip surgeries
In a significant and recent development, private health insurer VHI has commenced a review of claims made under its health policies following the report concerning hip surgeries at Temple Street and Cappagh. VHI has established details of its members who received treatment at the centre of the review in the two hospitals in question. They are currently liaising with the hospitals to determine whether any of these members are affected by the review’s findings.
This investigation by VHI highlights the profound financial implications of these potentially unnecessary procedures, as VHI would have covered a significant portion of the costs for these procedures. This move also raises questions about the allocation of healthcare funds and the medical necessity criteria used for reimbursement.
The findings may prompt VHI to review its protocols for approving and reimbursing specific surgical procedures, particularly for conditions like DDH, to ensure they align with best clinical practice and avoid unnecessary interventions. VHI will likely engage with CHI, NOHC, and the HSE to understand the full scope of the issue, the measures being taken to prevent recurrence, and how to ensure consistent, evidence-based care across all providers.
This development highlights the far-reaching impact of unnecessary hip surgeries and underscores the potential for broader accountability from various stakeholders within the healthcare system. Read More
Medical negligence claims for your child’s hip surgery
When a child undergoes a medical procedure that is later deemed unnecessary or causes harm due to medical negligence, it can have profound physical, emotional, and financial consequences for the entire family. Medical negligence occurs when a healthcare professional’s actions or inactions fail to meet the accepted standard of care, resulting in injury or harm to a patient. In these hip surgery cases, this could involve:
- Unnecessary surgery:Â Performing a procedure that was not clinically indicated or where less invasive alternatives should have been explored.
- Lack of proper consent:Â Failure to adequately explain the risks, benefits, and alternatives to parents before surgery, particularly concerning experimental techniques.
At Coleman Legal LLP, we assist clients in navigating complex medical negligence claims similar to unnecessary hip surgeries carried out in the Irish hospitals. We are committed to meticulously investigating each case, gathering essential medical records, and consulting with independent medical professionals to build a robust claim on behalf of your child.
Who may be entitled to make a claim?
If your child underwent hip surgery for hip dysplasia (DDH) at Temple Street or Cappagh Hospital, and you are concerned it may have been unnecessary or resulted in harm, you may be entitled to pursue a medical negligence claim. This includes situations where:
- Your child suffered complications or long-term issues from the surgery.
- You believe the surgery was not the appropriate treatment for their condition.
- You were not fully informed about the risks or alternatives.
- Your child has experienced ongoing pain, limited mobility, or emotional distress as a result.
Even if your child’s specific case has not yet been identified in the ongoing audit, it is essential to seek legal guidance. We can review your circumstances and advise you on the available course of action.
Does your child have a potential case?
Successful medical negligence claims for unnecessary hip surgeries can result in compensation for
- Pain and suffering:Â For the physical and emotional distress endured by your child.
- Medical expenses: Past and future costs of corrective surgeries, therapy, rehabilitation, and ongoing care.
- Loss of opportunity: If the injury impacts your child’s prospects.
- Care costs: For any additional care or support your child requires.
- Out-of-pocket expenses:Â Travel, accommodation, and other costs incurred.
Our team will work diligently to quantify all aspects of your child’s losses, aiming to achieve a fair and just outcome that accounts for both current and future needs.
Statute of Limitations
In Ireland, the general statute of limitations for medical negligence claims is two years from the date the claimant became aware (or reasonably ought to have become aware) of the injury and that it was due to negligence.
However, specific rules apply to claims involving children:
- For minors, the two-year limitation period does not begin until the child reaches the age of 18. This means a parent or guardian can bring a claim on behalf of a child at any time before the child turns 18, or the individual themselves can bring a claim within two years after their 18th birthday (i.e. before they turn 20).
- In cases where the injured party lacks mental capacity, there may be no time limits for making a claim.
It is always advisable to seek legal advice as early as possible to understand the specific time limits applicable to your child’s case and to protect their legal rights effectively. Read More
