Hip Dysplasia

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CASE: Hip Dysplasia

FACTS: This is a medical malpractice claim in which the plaintiff, now four years old, suffered permanent disabilities as a result of the defendant’s failure to diagnose and treat hip abnormalities. At her newborn assessment, it was noted that she had a right foot positional abnormality that can be associated with hip dysplasia. A hip examination was performed during which the hospital pediatrician found a right hip click and limited abduction bilaterally. On the plaintiff’s discharge forms, the hospital pediatrician indicated that the plaintiff was at risk for hip dysplasia and noted she needed a “hip US” (ultrasound).

The plaintiff’s newborn records were forwarded to the defendant as her follow-up care provider. The defendant, in each of the plaintiff’s first six well baby visits, examined her hips but failed to detect any abnormalities. No ultrasounds or diagnostic tests were ordered, as had been recommended at her newborn assessment.

When the plaintiff began walking between the ages of 13-15 months, her parents noticed an abnormal gait and leg length discrepancy. As a result, they brought her to a pediatric orthopedist who immediately diagnosed her with bilateral high dislocations with severely dysplastic acetabula.

Upon being informed of the plaintiff’s late diagnosis, the defendant reviewed the plaintiff’s chart and saw “for the first time” the newborn records, including the recommendation for an ultrasound. The defendant reacted by removing documentation from the patient’s chart and discarding it, thereby creating the false impression that it had never been part of the medical records.

DEFENSE: The defendant claimed that the plaintiff’s hip dysplasia was not present at birth or at any of the well baby exams, rather that it developed at a later time. In the alternative, the defendant claimed that if the dysplasia was present during his treatment, it was not a breach of the standard of care to fail to detect it.

INJURIES: As a result of the late diagnosis, the plaintiff had to undergo several corrective surgeries including pelvic osteotomies and femoral osteotomies with extensive postoperative recuperation and rehabilitation. She will also be likely to suffer from premature arthritis and undergo bilateral hip replacements.

SPECIAL DAMAGES: Medical bills: $139,912.40; Future hip replacement $50,000.00 (per hip/present value)

SETTLEMENT: The parties agreed to settle for a confidential amount.

PLAINTIFF’S COUNSEL: Randolph J. Reis, Esquire (Reis Law, PLLC)

NAMES/COUNTY: Anonymous v. Anonymous