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Hip Replacement Claims
Suing the NHS or private healthcare providers for orthopaedic negligence
Get in touch for a free, no-obligation chat with our specialist clinical negligence solicitors.

Contact us for a free, no-obligation chat.
Call us on 0333 987 4161 or submit a form below.
When Is a Hip Replacement Claim Possible?
A hip replacement negligence claim arises when a patient suffers harm due to substandard care before, during, or after hip surgery. This could include incorrect surgical technique, inappropriate prosthesis choice, nerve injury, or failures in infection control.
Common signs of negligence include:
- Use of the wrong implant size or poorly placed prosthesis.
- Unmanaged post-operative infection or blood clots.
- Failure to warn about specific risks based on your health profile.
- Delayed diagnosis of complications such as nerve damage or fractures.
- Lack of proper pre-surgery assessment of conditions like diabetes or heart disease.
If your condition worsened or new problems arose following surgery, and medical error is suspected, you may have grounds for a claim. Speak to one of our clinical negligence specialists today.
We will cover the costs unless we win your case.
No-win-no-fee
24/7 Support
Specialist negligence solicitors
No-win-no-fee
24/7 Support
Specialist negligence solicitors
Am I Eligible to Make a Claim?
To bring a successful claim, four key elements must usually be proven:
1
Duty of care
The healthcare provider had a legal responsibility to care for you.
2
Breach of duty
The care fell below acceptable medical standards.
3
Causation
The harm you suffered was a direct result of that substandard care.
4
Damage
You experienced physical, emotional, or financial harm as a consequence.
Is there a time limit?
You usually have three years from the date of the incident or when you first realised negligence may have occurred. Exceptions may apply for children or those lacking mental capacity.
Related Claims
Orthopaedic claims
Knee replacement surgery
Wrong-site surgery
Keyhole surgery
Other surgical errors
Nerve damage
Defective hip, knee & spine implants
Defective medical devices
Anaesthesia error claims
Hospital neglect
Your Questions Answered
What are the early signs that my hip replacement has gone wrong?
Following surgery, you expect pain to improve over time, not worsen or persist. Signs that your hip replacement may have gone wrong include:
- Constant or worsening pain, even after the healing period.
- Limited movement or stiffness that doesn’t improve.
- Clicking, popping, or instability in the joint.
- Signs of infection (including redness, heat, or discharge from the wound).
- Leg length discrepancies that make walking difficult.
These issues may result from an incorrectly placed implant, infection, or nerve damage. If you’re concerned, seek medical advice and legal support promptly.
Can I sue the NHS for hip replacement negligence?
Yes – if NHS treatment fell below reasonable standards and resulted in avoidable harm, you can make a legal claim. The process involves:
- A free legal consultation (by us) to assess your case.
- Requesting and reviewing medical records, alongside an independent expert opinion.
- Lodging the claim through NHS Resolution, the body responsible for handling claims against NHS trusts.
- Settlement negotiation or court action if needed.
Importantly, compensation is paid from the NHS’s central fund – not by individual clinicians – and may include damages for pain, additional surgeries, financial losses, and long-term care needs.
How do I prove negligence in a hip replacement claim?
To succeed in a hip surgery negligence claim, your solicitor must prove two key points:
- Breach of duty: the care you received fell below accepted medical standards.
- Causation: this substandard care directly caused or worsened your condition.
Evidence is gathered from: surgical and hospital records, imaging scans (X-rays, MRI), independent expert reports, witness statements, and your personal account.
Can I make a claim on behalf of someone else?
Yes – if the person affected by negligent hip surgery is unable to bring the claim themselves, a litigation friend can act on their behalf. This applies if the individual:
- Is under 18.
- Has limited or no mental capacity.
- Has experienced cognitive decline or disability that prevents legal decision-making.
Litigation friends are often family members or close friends. They make legal decisions in the claimant’s best interest and liaise with the solicitor to progress the case.
How much compensation could I receive?
Compensation depends on the severity of the injury and its effect on your quality of life. A claim can cover:
- General damages: for pain, discomfort, and loss of enjoyment of life.
- Special damages: including loss of earnings (past and future), private physiotherapy or rehabilitation, equipment or mobility aids, house or vehicle adaptations, paid or unpaid care from family or professionals, travel, prescriptions, and incidental expenses.
For more serious complications – such as permanent nerve damage or inability to work – compensation can run into six figures.
Are metal-on-metal hip replacements still being used?
Metal-on-metal (MoM) hip implants have largely been withdrawn from use due to safety concerns. These implants were originally marketed as more durable, especially for younger, active patients. However, they have been linked to:
- Abnormal wear releasing metal debris.
- Inflammation, swelling, and soft tissue damage.
- Metallosis (metal toxicity), which can cause serious health problems.
If you’ve suffered due to a MoM implant, your claim may be against either the NHS or the manufacturer – depending on whether the issue was due to clinical negligence or a defective product. Strict time limits apply, particularly for product liability claims, so act quickly.
Additional Resources
Who do you want to file a claim against?
Suing the NHS for negligence
Suing the hospital for negligence
Suing my GP for negligence
Suing my dentist for negligence
What’s the reason for your claim?
Suing for malpractice
Suing for misdiagnosis
Suing for delayed diagnosis
Suing for surgical negligence