Developmental Dysplasia of the Hip (DDH) is a medical condition that affects the hip joint in babies and young children. When the condition is diagnosed early, treatment can often be simple and effective, allowing the child to grow up with normal hip function. However, when there is a delay in diagnosing DDH, the consequences can be much more severe. In some cases, the delay may be due to medical negligence, and if this is the case, you may be entitled to claim compensation. This article explains everything you need to know about claiming compensation for a delayed diagnosis of Developmental Dysplasia of the Hip in the UK.
What is Developmental Dysplasia of the Hip and Why Does Early Diagnosis Matter?
DDH occurs when the “ball and socket” joint of the hip does not form correctly. Normally, the head of the thigh bone (the ball) fits snugly into the hip socket, but in children with DDH, the ball may be loose in the socket or may even dislocate entirely. If the condition is diagnosed and treated early, it is usually managed with a non-invasive treatment called a Pavlik harness, which holds the hip joint in place while the baby grows.
However, if the condition is not diagnosed early, the treatment becomes more complicated and invasive. In some cases, surgery is required to put the hip back into place. A delayed diagnosis can lead to lifelong complications, including chronic pain, difficulty walking, and early-onset arthritis. In severe cases, a person may need a hip replacement much earlier in life than would otherwise be expected.
What Causes a Delay in Diagnosing DDH?
In the UK, newborns are supposed to have their hips checked within 72 hours of birth as part of a routine physical examination. This is typically done using the Barlow and Ortolani tests, which are simple manoeuvres that can detect if the hip is dislocated or loose. If a problem is suspected, or if the baby is at higher risk due to factors such as a family history of hip problems or breech birth, an ultrasound scan should be arranged to get a clearer picture of the hip joint.
However, there are several reasons why a diagnosis of Developmental Dysplasia of the Hip might be delayed:
Missed signs during the physical examination
Even experienced medical professionals can miss the early signs of DDH. Research suggests that these tests are more accurate in the first few days of life but less reliable by the time the baby is re-examined at 6-8 weeks. If the initial examination is not thorough or the tests are performed incorrectly, the condition may not be detected.
Failure to arrange follow-up tests
If a baby has risk factors for DDH, such as being born in a breech position or having a family history of the condition, they should be referred for an ultrasound scan. However, in some cases, this referral does not happen, or it is delayed, resulting in a missed or late diagnosis.
Limited signs in early infancy
Some babies with Developmental Dysplasia of the Hip do not show obvious signs at birth, and their condition may not become apparent until they start crawling or walking. In these cases, even though the doctors may not have missed any immediate signs, the delay in recognising the condition can still lead to complications.
Inexperience or negligence
While it is understandable that some cases of Developmental Dysplasia of the Hip may be difficult to diagnose, there are instances where delays occur due to negligence or inexperience. If the healthcare professional involved fails to carry out the necessary tests or follow up on risk factors, and this leads to a delayed diagnosis, they may be liable for the resulting harm.
Can You Claim Compensation for Delayed Diagnosis of DDH?
If a delayed diagnosis of Developmental Dysplasia of the Hip has caused your child harm, you may be able to claim compensation if it can be proven that the delay was due to medical negligence. Medical professionals have a duty of care to provide the proper standard of care to their patients, and if they fail to do so, they may be held liable for the resulting harm.
To succeed in a claim for compensation, you will need to prove two things:
Breach of duty
You must show that the healthcare professional involved in your child’s care did not meet the required standard. This could be because they missed the signs of Developmental Dysplasia of the Hip during an examination, failed to order follow-up tests when risk factors were present, or did not carry out the necessary procedures in a timely manner.
Causation
You will also need to prove that the delay in diagnosis directly caused your child harm. This could be physical harm, such as the need for surgery or long-term disability, or emotional and psychological harm, such as the distress caused by a prolonged period of treatment or pain.
What Compensation Can Be Claimed?
If you are successful in proving that the delayed diagnosis of Developmental Dysplasia of the Hip was due to negligence, you may be entitled to compensation. The amount of compensation will depend on the severity of the harm caused and the impact on your child’s life. Common areas where compensation may be awarded include:
- Medical expenses: This covers the cost of any treatments or surgeries that were needed as a result of the delayed diagnosis, as well as any future medical care that may be required. In some cases, this can include the cost of private medical treatment if it is deemed necessary.
- Rehabilitation costs: If your child requires long-term rehabilitation, physiotherapy, or other support services due to the delayed diagnosis, these costs may be included in the compensation claim.
- Pain and suffering: Compensation can be awarded for the physical pain and suffering your child has endured as a result of the delayed diagnosis, as well as any emotional distress caused by the condition.
- Loss of earnings: If your child’s ability to work in the future is affected by the delayed diagnosis, you may be able to claim for the loss of future earnings. This can be particularly important in cases where the delay has caused a lifelong disability.
- Adaptations to home or lifestyle: In cases where the delayed diagnosis has resulted in long-term disability, you may be entitled to compensation for any necessary adaptations to your home or lifestyle. This could include installing ramps, widening doorways, or purchasing specialised equipment.
How to Start a Compensation Claim
If you believe your child has suffered harm as a result of a delayed diagnosis of DDH, the first step is to seek legal advice from a solicitor who specialises in medical negligence claims. They will be able to review the details of your case and advise you on whether you have a strong claim for compensation.
The process of making a compensation claim can be complex, but a specialist solicitor will guide you through each stage. Typically, the process involves:
- Initial consultation: During the first meeting, the solicitor will ask for details about your child’s condition, the medical care they received, and the impact of the delayed diagnosis. They may also request access to your child’s medical records.
- Investigation: If the solicitor believes you have a valid claim, they will begin an investigation. This may involve obtaining expert medical opinions to assess whether the care provided fell below the expected standard and whether the delay in diagnosis caused your child harm.
- Filing the claim: Once the investigation is complete, the solicitor will file a claim on your behalf. This will outline the details of the case and the compensation being sought.
- Negotiation or trial: In many cases, the healthcare provider or their insurers will seek to settle the claim out of court. If this happens, your solicitor will negotiate on your behalf to ensure you receive the compensation you are entitled to. If a settlement cannot be reached, the case may go to court, where a judge will decide the outcome.
How Long Do You Have to Make a Claim?
In the UK, there are strict time limits for making medical negligence claims. Normally, you must bring a claim within three years of the date when the negligence occurred or when you first realised that your child’s injury was caused by negligence. However, because children are involved, this time limit does not begin until the child turns 18, meaning you have until their 21st birthday to make a claim.
Conclusion
A delayed diagnosis of Developmental Dysplasia of the Hip can have serious, lifelong consequences for a child, but if the delay was due to medical negligence, you may be entitled to claim compensation. Compensation can help cover the cost of medical treatment, rehabilitation, and the pain and suffering caused by the delayed diagnosis. If you believe your child has been affected, it is important to seek legal advice as soon as possible to determine whether you have a valid claim and to ensure that your child receives the support they need.
By taking action, you can not only secure the financial compensation your child deserves but also raise awareness about the importance of early diagnosis and proper care for children with DDH.