The ongoing scandal of unnecessary hip dysplasia operations of small children has been a source of great shock and worry to many families who were told their children had to have such a surgery. Recent findings that up to 79% of all such procedures across several hospitals were not needed is deeply shocking. The figures continue to grow but for the moment over 1,800 children are to be reassessed following a report covering 147 random cases across three hospitals and 14 surgeons.
The long-term results of such surgeries will, in many ways, not be known for years to come. The question for parents therefore is, “,what if my child needs long term supports to help them following an unnecessary surgery?”,. The State may decide to consider a Redress Scheme but only time will tell.
For some families a redress scheme is too generic and may not take into account factors affecting their child specifically. The worry is that issues can arise in time to come that are not known yet and not compensated for.
The option of taking a case directly on behalf of your child is also an option. As a minor, a parent is the one who typically takes the case on behalf of the child. We would recommend that the parents take up their child’s medical records including those around the reasoning for the hip dysplasia operation. Parents are entitled to these records, for free under Freedom of Information legislation. A doctor of suitable qualifications, in this case an experienced orthopaedic practitioner, would then review the records and report.
If they come to the conclusion that the operation was unnecessary then the doctor will assess what the long-term effects of such are likely to be and provide a written opinion. These are called medico-legal reports. A case can then be started by issuing court proceedings.
While this option is longer, it allows families to have the direct impact on their child assessed and compensation awarded, if successful, that addresses the impact upon your child specifically. This means that compensation from court cases are likely to vary depending on the impact on a child and the long term need for finances to cover any additional procedures for corrective action.
We here at M.M. Halley and Son Solicitors are some of the most experienced practitioners in medical negligence cases in the South East of Ireland. We will be keeping up to date as this issue continues to develop and are happy to answer any questions within our power but it is, of course, early days yet as the Government carries out its own investigation.
