Settlement for woman whose fractured hip caused ongoing pain post-surgery

Medical Negligence specialist, Amanda Cavanagh, has obtained a five-figure settlement for Mrs X, who following a fall at home, sustained a right hip fracture in June 2017.

Prior to the incident, she was an active 76-year-old who drove and was completely independent.

Following the fall, she was treated at the West Suffolk Hospital and her hip was fixed with a dynamic hip screw and plate (DHS). Unfortunately, throughout her recuperation, she complained of pain in the hip but was discharged. Mrs X continued to suffer pain in her right hip, which affected her mobility and confidence. She was virtually housebound and was no longer able to drive.

The DHS had failed, but despite further investigations, it was not diagnosed until June 2018, following which Mrs X was given a total right hip replacement (THR) in July 2018, but the pain did not ever fully subside.

The claim was originally brought, following expert opinion, for the failure to carry out earlier revision surgery, which included ongoing right hip pain and right leg weakness and further improvement was not anticipated. A settlement could not be reached, and following Counsel’s advice, proceedings were issued.

Unfortunately, during the course of the proceedings, Mrs X had a further fall in September 2022. She was taken to hospital and diagnosed with a left hip fracture. She underwent a left hemiarthroplasty and made a full and uneventful recovery. Mrs X was delighted with the outcome of her left hip operation and suffered no pain following the procedure.

However, as a result of that surgery, further imagery was taken, which encompassed imagery of both the left and right hips. Following a review of this x-ray evidence by the expert, it was understood that the reason for Mrs X’s ongoing pain in her right hip was because the femoral component from her THR surgery in July 2018 had become loosened over time, and this was causing the ongoing pain. This loosening can be a risk of this type of operative procedure and, therefore, not the result of any negligence. Mrs X’s claim was consequently limited to the pain, suffering and loss of amenity she endured between 2017 and 2018.

A negotiated settlement was achieved between the parties and the claim was settled prior to trial.

Amanda Cavanagh comments: “I was delighted to be able to help this lovely lady achieve a settlement. Sometimes during litigation, further evidence comes to light as a result of a completely separate incident (as in this case) which alters the claim entirely. Although Mrs X is still having to cope with the residual pain from her left hip, she now understands the reasons for this and can seek further medical advice. I hope the settlement will allow her to put this ordeal behind her.”

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