Claims for Faulty Hip Replacements in South Africa

Claims for faulty hip replacements in South Africa can result in compensation for victims of medical malpractice.

In one claim, Van den Berg vs. the North West Department of Health, the defendant was ordered to pay 100% of the plaintiff’s damages after doctors failed to diagnose and correct a badly inserted femoral neck. The plaintiff made the claim for damages after suffering severe pain and shortening of his right leg following faulty hip replacement surgery.

When does a faulty hip replacement constitute medical malpractice?

Medical malpractice occurs when a medical professional’s actions, or omissions, fall outside the accepted standards of care as defined by the medical profession itself.

If you suffer pain, injury or financial loss as a direct result of medical wrongdoing at any stage of your treatment for, during or after hip replacement surgery, you may be entitled to make a claim for compensation.

It’s important to remember that hip replacement surgery is always associated with a range of risks. An unsuccessful outcome doesn’t necessarily involve any medical wrongdoing.

However, avoidable mistakes that impact your mobility and quality of life may constitute medical malpractice, and you might have grounds for a claim.

Types of errors typically involved in hip replacement claims

It’s important to understand the kind of errors that can give rise to hip replacement claims.

Unfortunately, the errors below are all too common.

Defective hip implants/devices

If a defective implant or device is used in a hip replacement surgery, you may have grounds for a claim. Globally, many companies have faced class-action lawsuits due to defective implants.

Numerous hip implant manufacturers, including Biomet, Wright, Zimmer, DePuy, Smith & Nephew, and Stryker, have recalled hip implants. Reasons for recalls include labelling, manufacturing and packaging issues, design flaws, missing components, early implant failure and migration issues.

More than 170 South Africans participated in legal action against DePuy, the British manufacturer of recalled “metal-on-metal” hip replacements.

Wrong size hip implants

If a surgeon fails to choose the correct size implant, a patient may be left with hip dislocation, pain, broken bones, shortening of one leg or nerve damage. The surgeon’s decision and choice of hip implant size may constitute negligence.

Incorrect surgical placement

An implant must sit correctly in the hip socket. When a surgeon fails to place it correctly, with a poor surgical “fit”, the patient may suffer dislocation, pain and nerve damage.

Bone and/or nerve damage during surgery

A surgeon can cause bone and/or nerve damage during surgery because of compression caused by poor positioning on the surgical table or incorrect placement of surgical instruments, notably retractors.

Stretching-type injuries are caused when the surgeon manipulates the joint or if too much traction is applied. Direct trauma may be caused by surgical instruments and bone cement.

A 72-year-old woman was awarded R700,000 damages in the Pretoria High Court after a judge ruled a surgeon caused permanent and irreversible damage to the plaintiff’s sciatic nerve due to incorrect placement of retractors.

Wrong-side surgery

Occasionally a doctor performs a hip replacement surgery on the wrong hip. It’s a horrifying event that, fortunately, is rare.

Negligence during post-operative care

If healthcare professionals are negligent during post-operative care, such as failing to follow protocols for treating infection, they may be found guilty of medical negligence.

Common complications and risks

There are risks involved in any surgery. A patient must be made aware of them before surgery. An unwanted outcome may not be the result of medical negligence.

The list below shows common consequences of faulty hip replacements.

• nerve damage resulting in “foot drop”
• hip dislocation
• chronic pain
• shortening of one leg
• infection
• deep vein thrombosis
• osteolysis (bone loss)
• vascular injury
• fractures
• metallosis.

A US study revealed that the claims most commonly made for hip replacement surgery were as a result of nerve injury (foot drop), followed by hip dislocation and leg length discrepancy.

What to do if you have a faulty hip replacement claim

If you believe you are a victim of medical negligence, contact an experienced attorney. Claims for faulty hip replacements in South Africa are complex and lengthy.

An experienced attorney will assess your case and help you access the medical records and expert witnesses you need to build a strong case, giving you the best chance of winning the compensation you deserve.