An apology has been issued by Children’s Health Ireland after an Audit has uncovered clinical governance failures serious concerns regarding the care of children undergoing “Unnecessary Hip Surgeries” at CHI Temple Street, CHI Crumlin and the National Orthopaedic Hospital Cappagh.

CHI Hip Surgery Scandal Overview

An Independent Audit Review between 2021 and 2023 of 147 paediatric hip dysplasia (DDH) across three hospitals, namely CHI Temple Street, CHI Crumlin and the National Orthopaedic Hospital, Cappagh found nearly 70% of all surgeries were not necessary.

The CHI and NOHC have written to families whose children underwent hip-related surgeries over the last 15 years, offering clinical reviews.

Resignations have followed over the Hip Surgery Scandal, and the Health Minister Jennifer Carroll MacNeill has updated the cabinet on enhanced governance restructuring measures, alongside a public apology from the CHI CEO Lucy Nugent.

Findings of the CHI Hip Surgery Audit and Review

In recent weeks, Children’s Health Ireland (CHI) released preliminary results of a long-awaited Paediatric Hip Surgery Clinical Review. The review revealed troubling failures in clinical decision-making.

A review panel consisting of independent orthopaedic surgeons and paediatric experts evaluated 147 surgeries based on patient records, diagnostic imaging and international practice guidelines.

The review suggested systematic patterns of inappropriate surgical interventions, which were performed on children who may not have required them.

After the review, CHI contacted 2,259 families whose children may have been affected by hip surgeries since 2010. They committed to a comprehensive clinical review, and the implementation of a multi-disciplinary review panel.

The revelations have not only exposed an extreme lapse in clinical governance, but has opened the door for medical negligence litigation, particularly where children have been harmed or underwent unnecessary surgery.

Challenges Accessing Medical Records

For many of the affected families of the CHI Hip Surgery Scandal, the first hurdle has been the simple request of accessing their child’s medical records. Families have described the frustration of simply obtaining these records, often sending several emails, without response. They have been left feeling ignored, anxious, frustrated and powerless.

The child’s medical records are key to reviewing the basis on which the doctor performed the surgery, and whether it was necessary.

Even when received, the medical records often are found to be missing some vital information and are often grossly technical and difficult to interpret. Families need help from:

• Legal Professional who can understand and know what to look for.
• Independent Orthopaedic Reviews.
• Medical experts who can identify the gaps in records, misdiagnoses of scans or unnecessary risks.

 Are you affected by the CHI Hip Surgery Scandal?

At Collins Crowley Solicitors, working in collaboration with CM Haughey Solicitors we have obtained and reviewed a number of medical records, often incomplete, on behalf of clients which clearly disclose unnecessary hip surgeries.

We are currently preparing to issue proceedings for medical negligence, seeking compensation for these affected children. We are also providing expert advice in relation to the offered medical reviews and access to independent medical experts.

Collins Crowley and CM Haughey Solicitors can provide help and expert advice in:

1. Accessing Your Childs Medical Records.
   • Formally request Your Childs Medical Records.
   • Escalate to the HSE or Data Protection Commission where deadlines are breached.
   • Ensure the Medical Records contain all necessary components (consultation notes, imaging, consent forms and surgical reports).
2. Provide Expert Medical Review
   • We work with independent paediatric orthopaedic experts, who can analyse your child’s imaging and surgical basis.
   • Identify signs of inadequate clinical justification or inappropriate surgical decision making.
   • Provide a clear, understandable explanation of what went wrong.
3. Assess Medical Negligence Claims

Although not all poor outcomes necessarily constitute negligence Collins Crowley and CM Haughey Solicitors can evaluate whether your child’s hip surgery

• Departed from accepted clinical standards.
• Caused avoidable harm, trauma or disability
• Lacked essential components such as consent, surgical reports or consultation notes.

4. Pursue Compensation and Accountability
   • Where negligence is established, Collins Crowley and CM Haughey Solicitors can file a claim for damages, including compensation for physical harm, emotional harm, future care and loss of opportunity.
   • Negotiate directly with CHI and the HSE on your behalf.
   • Provide support through mediation, settlement or legal proceedings if necessary.