Unnecessary Hip Operations in Children: Pediatric Care

Medical negligence occurs when a healthcare professional does not meet the standard of care due in the circumstances and a consequence of same the patient suffered harm caused by this breach.

Regarding children evidently they are so young, and an unnecessary hip procedure will have present and future concerns for the patient and parents in respect of the child’s health and development.

If this circumstance arises a breach of trust between the health care provider and service recipient can break down. The exposure to an avoidable risk in this scenario can be hard to deal with.

Negligence can arise if risks of exposure were not notified to the parents, if a proper diagnosis was not provided, a deviation from the norm resulting in harm, possibly the clinical reasoning was without merit. Sometimes there is follow up care but it is insufficient and things are not spotted.

In a medical negligence case context the statute of limitations ie timeframe to take a case is within 2 years from the incident, but in a child context the timeframe is within 2 years from their eighteenth birthday.

Hip surgeries common sense dictates are quite invasive procedures. Recovery and rehabilitation will have been needed post surgery. Time away from school perhaps and the parents will know if an unnecessary surgery has led to further complications.

Infants can get developmental dysplasia of the dip (DDH) where the hip joint does not form properly. There has to be clinical justification and reasoning for surgery in such a matter. If unnecessary surgery is elected for and with the doctor patient relationship a lot of is about trust, the parents will rightly ask and question the reasoning of the health care worker.

What often happens just with human nature also is one idea or plan is favoured, it will generally be followed and have found favour on the ground for lots of similar circumstances, here in a medical context for unnecessary hip surgeries in a hospital.  

Legal assistance

For parents in this circumstance who seek legal assistance, your solicitor will assist you investigate the facts and put the pieces of the factual jigsaw together so to speak.

Medical records will have to be obtained and an independent medical opinion will have to be sought to assess the care undertaken and whom will also wish to know about the childs health, circumstances etc.

Once this report is concluded you can assess the next steps with your legal advisor.

Cleary & Co. Solicitors – Litigation Law Firm

If you concerned about substandard care from a medical care provider, Kieran Cleary and Roger Cleary are experienced Medical Negligence Solicitors who can help with questions you may have regarding a medical negligence concern.

Contact details are (01) 546 1121 or  (052) 612 1999 or our email address is info@clearysolicitors.com

Cleary & Co. have many years of experience specialising in civil law personal injury cases and if we can help we will.

Personal Injuries * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

Roger Cleary

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