Mr C was a fit and active ex-Navy serviceman. In his late forties he developed left groin and hip pain and was diagnosed with moderately severe degenerative change in the hip. He underwent a left total hip replacement under the care of a Mr Skyrme at the Esperance Hospital Eastbourne under an NHS initiative.
Within weeks of the hip replacement Mr C started to suffer with pain in his left hip, thigh and knee and the left leg was prone to giving way. X-rays showed evidence of early loosening of the hip prosthesis. It was alleged that the surgeon should have appreciated that Mr C's symptoms and the x-rays suggested early loosening of the prosthesis and that arrangements should have been made for regular follow up with repeat x-rays to monitor the position with a view to revision surgery. Instead, investigations were carried out for a suspected muscular tear, following which, when found to be normal, Mr C was discharged despite ongoing pain and disability. His surgeon advised that his symptoms should settle.
Mr C continued to struggle with deteriorating pain and disability in the left hip for around 4 years before seeking a second opinion. X-rays confirmed loosening of the femoral stem of the prosthesis. Mr C underwent a revision total hip replacement, following which he made a full recovery and was free of pain and disability.
NHS Resolution argued that Mr C was out of time to bring his claim and denied the claim in full. Despite this position, Helen was able to negotiate an early settlement in the sum of £20,000.
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