[2008] LTLPI 05.05.09

Shortly after birth, Claimant was examined by a midwife in presence of her grandmother who alleged that as midwife had pushed Claimant’s knees into chest a small lump appeared on the hip. Neonatal record stated “Rt. Clunky hip”.

Fourteen months later, paediatrician noticed Claimant walking with severe limp and left leg was shorter than right. X-ray revealed developmental dysplasia. Claimant required arthrogram and was put in traction for one week, later undergoing closed reduction. She remained in plaster cast for 12 weeks but made a good recovery.

Claimant alleged midwife had been negligent in failing to refer her urgently to an orthopaedic surgeon or paediatrician, failing to make a full report upon examination or report symptoms to her GP. Claimant argued that but for the delay in diagnosis she would have been treated with neonatal harness and avoided the need for surgical treatment.

Out of court settlement: £10,000 (General Damages £8,000).