FAQ: Hip Dysplasia Claims

What are examples of hip dysplasia negligence?

Negligence related to hip dysplasia can occur in various forms, including:
•    Failure to diagnose in infants: Healthcare providers may fail to diagnose hip dysplasia in newborns or infants, leading to delayed treatment and worsening of the condition.
•    Misdiagnosis or delayed diagnosis: Symptoms such as hip pain, limping, or difficulty walking may be misdiagnosed or diagnosed late, resulting in prolonged pain and disability.
•    Incorrect surgery or treatment: Patients may receive inappropriate or insufficient treatment, such as incorrect bracing or surgical procedures, leading to worsened symptoms or complications.
•    Failure to obtain informed consent: Healthcare providers may not adequately explain the risks and benefits of treatment options, leading to uninformed decision-making.

What is the limitation period for hip surgery negligence claims in Ireland?

In Ireland, the statute of limitations for hip dysplasia negligence claims, including hip surgery negligence, is generally two years less one day from the date of the incident or the date of knowledge. The "date of knowledge" refers to when the injured party becomes aware of the injury, its cause, and that it was due to medical negligence.

Exceptions apply in cases involving minors, mental incapacity, or wrongful death. A minor (someone under the age of 18) has until the day before their 20th birthday, to start court proceedings.

How do I investigate hip dysplasia negligence?

Investigating a hip dysplasia negligence claim typically involves several steps:
1.    Initial Consultation: Discuss the details with our expert hip dysplasia negligence solicitor to determine if there are grounds for a claim.
2.    Gathering Evidence: Collect medical records, witness statements, and expert opinions to support your claim. 
3.    Establishing Breach of Duty of Care: Prove that the healthcare provider owed a duty of care to the you or your child, and that the provider breached this duty by failing to meet the standard of care expected.
4.    Causation and Damage: Show a direct link between the breach of duty and the harm suffered by you or your child.

Am I entitled to my child's records for free?

You are entitled to a copy of your/your child's records under the Freedom of Information Acts and Data Protection legislation. Freedom of Information legislation covers records held by public hospitals such as Temple Street Children's Hospital and the National Orthopaedic Hospital, Cappagh.

Data Protection legislation covers requests from private entities such as a private clinic or hosopital.

Do I need to go through a solicitor to request my medical records?

You can request your records without instructing a solicitor. However, our solicitors will be able to identify any missing information or records and will know what additional information/documentation ought to be requested.

Will it cost to have my medical records reviewed by a solicitor?

We do not charge clients for a review of their records by our solicitors and for advising on the strengths and weaknesses of any potential case. If it is the solicitor's opinion that there is evidence of possible negligence, they will recommend instructing an independent expert paediatric orthopaedic surgeon to review the records and provide a report. The cost of that is difficult to estimate until the records are to hand but we will discuss this process and work with you, to make sure you are not denied access to justice.

If it is the solicitor's opinion that there is no evidence of negligence, we will not charge a fee for providing that advice.