Agatha, aged 48 from Telford, was listed for a hip resurfacing operation in January 2008, which was needed due to arthritis. Unfortunately, during the procedure, it was found that a resurfacing was not possible and a total hip replacement was performed. The possibility of a conversion to a total hip replacement had never been discussed with Agatha prior to surgery.
Following surgery, she made a very slow recovery and continued to suffer with symptoms in her right hip. She sought a second opinion in July 2012. The Surgeon noticed from x-rays that the hip socket was in a poor position, pointing backwards instead of forwards, and as a result, Agatha required revision surgery.
Since revision surgery, Agatha has continued to suffer from pain in her groin and buttock.
Agatha instructed Megan Barker, of Pryers Solicitors, to investigate whether the hip prosthesis being implanted in such a poor position constituted negligence, and to see whether she suffered from any injuries as a result. We also investigated the failures to appropriately consent Agatha for the procedure and to warn of the failure to discuss the possibility of requiring a total hip replacement.
We obtained supportive evidence from a Consultant Radiologist, with regards to component position, and a Consultant Orthopaedic Surgeon, in relation to the alleged negligent surgery. We also obtained evidence from a Care Expert in relation to Agatha’s additional care requirements.
We wrote to the Defendant Trust with our allegations of negligence in April 2014. We alleged that it was negligent to implant the cup in 30 degrees of retroversion and that as a result, Agatha required surgery to revise the hip components. We alleged that as a result of the early revision, Agatha had required one additional procedure as compared to what she would have expected in any event.
The Defendant admitted that the cup had been implanted in a poor position but denied that this was so bad that it constituted negligent surgery.
We proceeded to issue the Claim in Court and instructed a Barrister to prepare the Particulars of Claim in February 2017. We received the Defence in May 2017, in which the Defendant continued to deny negligence.
However, despite continued denials, the Defendant put forward an offer of settlement and through negotiations, we were able to settle Agatha’s case for £84,500.