Common types of hip replacement negligence
Wrong component size or positioning
The acetabular cup and femoral stem must be positioned correctly to achieve a stable, well-functioning joint. Where components are malsized, malpositioned, or incorrectly angled — causing impingement, instability, dislocation, or abnormal wear — and the errors result from technique below the required standard, a claim may succeed.
Leg length discrepancy
A significant leg length discrepancy that was avoidable — through proper intraoperative measurement and templating — is a recognised basis for a claim.
Nerve damage during surgery
The sciatic nerve and femoral nerve are at risk during hip replacement surgery. Permanent nerve injury causing foot drop, weakness, or sensory loss may give rise to a claim if it resulted from surgical technique below the required standard.
Periprosthetic fracture
A fracture of the bone around the implant — during or after surgery — can result from failure to recognise osteoporotic bone, from failure to use an appropriate implant, or from inadequate fixation technique.
Infection and failure to diagnose periprosthetic joint infection
Early superficial infection can progress to deep periprosthetic joint infection requiring implant removal and lengthy treatment. Where infection was caused by a breach of sterile technique, or where symptoms of infection were present and not acted upon, a claim may arise.
Hip dislocation
Early dislocation after hip replacement may occur for a range of reasons. Where dislocation results from a positioning error, a claim may succeed.
Metal-on-metal hip implant failure
A specific category of claim arose from a generation of metal-on-metal hip implants withdrawn from the market following evidence of elevated metal ion levels, pseudotumour formation and premature implant failure. Legal advice on the specific product involved should be sought.
Failure to obtain informed consent
The risks of hip replacement — including dislocation, infection, leg length discrepancy, nerve damage, and the possibility of revision surgery — must be disclosed before surgery under the Montgomery standard.
What do you need to prove?
- Duty of care — automatic in the surgical relationship.
- Breach of duty — the surgical technique, choice of implant, or post-operative management fell below the standard of a reasonably competent orthopaedic surgeon.
- Causation — the specific error caused the harm complained of.
- Damage — revision surgery required, permanent pain or disability, leg length discrepancy, nerve damage.
Frequently asked questions
My hip replacement failed and I needed revision surgery — can I claim?
Possibly. The question is whether the failure was caused by a surgical error below the required standard, or whether it was an unfortunate complication of properly performed surgery. Expert evidence is needed to determine this.
Can I claim for a metal-on-metal hip implant?
Claims involving metal-on-metal implants have a specific product liability and clinical negligence dimension. Legal advice specific to the implant involved is needed.
What if my hip dislocated after surgery?
Dislocation can occur as a complication of properly performed surgery. However, where component positioning was outside acceptable ranges, a claim may succeed.
Related guides
- Orthopaedic negligence claims
- Blood clot and DVT misdiagnosis claims
- Nerve injury compensation claims
- Surgical negligence claims
Sources & further reading
Primary statute, case law and regulator guidance referenced in this article.