§ GUIDE · NEWBORN CHECKS

A hip check that
should have caught it

Developmental dysplasia of the hip is one of the conditions newborn and six-week checks exist to catch. Caught early it is treated with a splint. Caught late it means operations, sometimes several, and problems into adult life. Four of the five judgments here succeeded, and one award of £811,247 shows what a late diagnosis can be worth.

Judgments read

5

Claimant succeeded

4 of 5

Largest sum stated

£811,247

Time limit

None until age 18

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§ BEFORE YOU GO FURTHER

For a missed hip dysplasia claim, these things usually need to be true

  • Your child had a risk factor or a sign: breech birth, family history, a stiff or clicking hip, unequal leg creases or limited movement noted at a check.
  • A scan was not arranged in time, a check was recorded as normal when it was not, or an X-ray showing the problem was not reported.
  • The late diagnosis meant surgery rather than a splint, or more surgery than would otherwise have been needed.
  • A child's claim can be brought at any time before they turn 18, and for three years after.

These claims are unusually strong because the checks are protocol-driven: a breech baby not scanned within six weeks, or an abnormality on a film that was never reported, is hard to defend.

§ 01

The check that missed it

Dainton v Powell: a GP re-examined a nine-week-old's hips after a colleague noted they were stiff, recorded them as seeming fine and did not refer; the dislocated hip was found at age seven and needed major reconstruction. The judge found the GP should have detected the limited movement and referred immediately. Lynch v Princess Alexandra Hospital: hip dysplasia missed at newborn checks, with damages assessed at £811,247 for the additional operations and lifelong consequences.

§ 02

The scan that came too late

Pearce v East and North Hertfordshire: a baby born breech should have had a hip ultrasound within six weeks under the Trust's own protocol; it was not arranged until nine weeks and, after rescheduling, the scan at 17 weeks showed dysplasia in both hips needing surgery. The Trust admitted breach, and the court refused to let it blame the mother's missed appointment at the last minute.

§ 03

The X-ray nobody reported

KJY v University College Hospital: two radiologists reporting a newborn's abdominal X-rays did not identify abnormal hip alignment visible on the films, and the diagnosis came 14 months later. Both were found in breach. A radiologist must report any obvious abnormality, even one outside the reason the scan was ordered.

§ 04

What a solicitor will want

The red book and check records: the newborn examination, the six-week check, any note of a click, stiffness or asymmetry, and any risk factor such as breech presentation. Any X-ray or scan request and when it was done. Then a paediatric orthopaedic expert explains what earlier diagnosis would have meant for treatment.

§ THE JUDGMENTS BEHIND THIS GUIDE

The five judgments behind this guide.

Every one a published decision of the courts of England and Wales, linked to its source.

Claimant succeeded£811,247

Daisy Lynch v The Princess Alexandra Hospital NHS Trust

[2026] EWHC 657 (KB)·2026·Damages assessed at trial

The trust admitted it negligently failed to diagnose Daisy Lynch's developmental hip dysplasia at birth, so it was not picked up until she was three, by which time simple non-surgical treatment was no longer possible. She went through repeated hip operations and a total hip replacement at 22, and the court assessed her damages after an eight-day trial.

Even where liability is admitted, damages can be heavily contested, and the court can add a provisional damages order letting the claimant return for more if a specified complication later occurs. The award covered pain and suffering, lost earnings, future care and future surgery.

Claimant succeeded

Dainton v Powell

[2011] EWHC 219 (QB)·2011·Liability decided at trial

A GP re-examined a nine-week-old baby's hips after a colleague had noted they were stiff, recorded them as seeming fine and did not refer her to an orthopaedic specialist; the dislocated right hip was only discovered when she was seven and needed major surgery. The judge found the GP should have detected the limited hip movement and referred immediately, and that early referral would have led to simpler treatment.

When an infant hip check raises concern, a GP must refer for specialist assessment rather than arranging a distant re-check. Missing a dislocated hip in infancy turns a condition treatable with a splint into one needing major surgery.

Mixed outcome

Pearce v East and North Hertfordshire NHS Trust

[2020] EWHC 1504 (QB)·2020·Liability decided at trial

A baby born breech by caesarean should have had a hip ultrasound within six weeks, but the appointment was not arranged until nine weeks and, after rescheduling, the scan at 17 weeks showed hip dysplasia in both hips, needing surgery. The Trust admitted breach but, shortly before trial, sought to blame the mother's missed appointment; the judge refused the late amendment.

Babies born breech need a timely hip scan, and a trust's failure to arrange one within its own protocol was admitted as negligent. Defendants cannot raise new causation arguments on the eve of trial without good reason.

Claimant succeeded

KJY v University College Hospital NHS Foundation Trust

[2023] EWHC 2719 (KB)·2023·Liability decided at trial

Two radiologists reporting a newborn's abdominal X-rays in October 2010 did not identify or report abnormal alignment of the hips that was visible on the films. The hip dysplasia was not diagnosed until 14 months later and the court found both radiologists in breach of duty.

Radiologists must report any obvious abnormality visible on an X-ray, even if it is outside the reason the scan was ordered. A missed incidental finding can found a negligence claim.

Claimant succeeded

HQA v Newcastle-upon-Tyne Hospitals NHS Foundation Trust

[2025] EWHC 2121 (KB)·2025·Liability decided at trial

A 25-year-old with congenital heart disease suffered a severe brain injury when her aorta was cut during a high-risk repeat sternotomy and it took around 24 minutes to get her onto full bypass. The judge found the surgeon should have exposed the femoral vessels in advance (saving around 13 minutes) and that consent was deficient; she would still have gone ahead with the operation, but with that precaution taken.

Surgeons planning a known high-risk operation must take reasonable precautions beforehand and tell the patient about them; a court can find negligence in planning and consent even where the intra-operative error itself was not negligent.

Browse the whole case library →

Contains information licensed under the Open Justice - Licence v2.0. Judgments from Find Case Law, The National Archives. Summaries are ours; amounts only where printed in the judgment.

§ QUESTIONS

Common questions

My baby was breech and never had a hip scan.

That is Pearce, where the Trust admitted breach. Breech babies are supposed to be scanned within six weeks. Ask for the record of whether a scan was requested and when.

The GP said the hips were fine and years later my child needed surgery.

Dainton succeeded on exactly this. If the notes show a concern was raised and not followed by a referral, the claim is strong.

How much is a claim like this worth?

Lynch was assessed at £811,247 for a child facing repeated surgery and lifelong hip problems. Each case depends on how much extra treatment the delay caused and its long-term effect.

Is it too late? My child is nine.

No. A child's claim can be brought at any time before they turn 18, and for three years after that.

An X-ray taken for something else showed the hip problem but nobody said.

KJY held that a radiologist must report any obvious abnormality on a film, whatever the scan was for. An independent radiologist will review the images.

This guide is general information about the law in England and Wales, not legal advice about your case. ClaimGavel is run by Costart Projects Ltd on behalf of Tomlin & Partners, a specialist medical negligence firm regulated by the SRA. The free assessment on this page is an AI overview to show you roughly where you stand; a solicitor confirms the position in a free, no-obligation conversation.