When you have a newborn son or daughter your child will treat with numerous doctors soon after birth. If your newborn had hip dysplasia that was missed and now will need future surgery and have a permanent disability, it may be difficult to determine who was at fault for missing the hip dysplasia. However, an experienced medical malpractice attorney can help you figure this out.
What is Hip Dysplasia?
Hip Dysplasia, or Developmental dysplasia of the hip, (DDH) is a congenital condition of the hip joint – meaning it is present at birth. Hip dysplasia can affect one or both hips (called bilateral hip dysplasia). Early diagnoses and treatment is critical, and a standard part of evaluation of a newborn after birth and during their first year of life is the performance of hip exams. This evaluation will be done both by your treaters in the hospital and in regular wellness checks with your pediatrician.
The evaluations done by both your newborn’s treaters in the hospital and pediatrician for hip dysplasia are called the Barlow and Ortolani tests. They involve the abduction and flexion of the hips. Your newborn’s doctors feel for a click or a clunk – indicating an out of position hip being moved in and out of its proper position (the socket). Pediatric guidelines state that these exams should be performed on one leg at a time.
After the 4–6-month time frame the newborn’s muscles tighten and, therefore, as a baby gets older pediatricians add the Galeazzi sign/test. During this exam the baby is lain on its back with its hips and knees flexed. The exam will show whether one of the baby’s legs is longer than the other which is an indication that he or she has hip dysplasia.
How does the time of diagnosis effect who is at fault?
If your newborn has hip dysplasia that should have been diagnosed soon after birth, it is your newborn’s pediatrician who is likely at fault. This is because your pediatrician has more opportunities to examine for hip dysplasia in a more controlled environment. Another factor is your newborn’s pediatrician will have more knowledge about your newborn that could help the pediatrician suspect hip dysplasia. For example, you may raise concerns with the pediatrician about your newborn favoring one side, oddities in how your newborn crawls, or other abnormalities you notice with your newborn’s legs and hips. If these complaints should have led your pediatrician to suspect hip dysplasia and order imaging to rule it out, but your pediatrician never ordered imaging, he or she could be at fault for the delay in diagnosis of your newborn’s hip dysplasia.
If a hip dysplasia diagnosis is made in the first 3-6 months of birth, a newborn can be placed in a Pavlik harness (a cloth brace) which is worn for 6-8 weeks. The harness has a success rate of 90%-95% of cases diagnosed by six months of age. In the rare case that there is no stabilization with the use of a pavlik harness, a child is placed in a foam and plastic hip abduction orthosis. This stabilizes the hip successfully 87%-93% of the time. Regardless of when the diagnosis is made, generally the earlier the diagnosis of hip dysplasia the better the outcome your newborn will have.
Beyond negligence you will also have to show that harm was caused to your newborn by the delay in diagnosis. For example, if your newborn needed surgical treatment and will have permanent disabilities due to their hip dysplasia, you will need to show that surgery and those disabilities could have been avoided with earlier diagnosis. Your newborn may also need early hip replacement surgery when they are a younger adult due to the delay in diagnosis. A third area of damages are the future medical costs due to the need for surgery and other care in the future due to the delay in diagnosis. These damages can be proven through your newborn’s medical records, imaging, and expert medical testimony.
If your child’s doctors missed hip dysplasia that should have been diagnosed and treated sooner, you and your child could have a medical malpractice claim. The attorneys at the Thistle Firm are experienced at handling these claims. If you believe your child’s hip dysplasia was negligently missed or improperly treated the attorneys at the Thistle Firm are here to answer your questions at 215-568-6800.