Article Updated: September 8, 2021
Hip Replacement Compensation Amount
Hip replacements are a common treatment when someone falls (such as a nursing home resident) and suffers a substantial orthopedic hip injury.
It is important to understand the compensation amount which you may obtain by pursuing litigation for injuries that result in hip replacements. I’ll shed some light on that in this article.
If you still have questions after reviewing my legal and medical research below, send me an email or message (using the contact form at the bottom of this page) any time for help and answers.
Clickable Table of Contents
Hip Replacement Medical Topics
Hip Replacement Compensation Amount
Hip Replacement Compensation Q&A
11 – About the Author
Hip Replacement Surgeries & Treatments
Injuries Necessitating Hip Replacements
Hip injuries require extensive medical care, especially if they are more serious injuries like fractures and tears. While in some parts of the body, bruising, tearing and fractures can be treated at home with minimal intervention and the use of slings or bandaging, this is not usually the case with hip injuries.
The hip not only is central to daily functions, massive arteries, important muscles and highly sensitive connective tissue are all going through this region of the body.
Hip replacement compensation amounts take this into account and it is for this reason that they tend to be higher.
In less serious hip injuries, medication, bed rest, physical therapy and close monitoring can help you get better in a few months.
If you have a fracture however, it is likely that you are going to need surgery.
Hip Replacement Surgery
The surgery usually used in cases where the hip is damaged in a severe manner is a hip replacement.
Other treatments like immobility, NSAIDs and compression will not work as a treatment in those cases.
Hip replacement surgery is a very serious surgery that carries with it long recovery times, high medical bills and many possibilities for major complications.
Hip Replacement Recovery
A hip replacement surgery usually lasts about 2-4 hours and often requires you to also spend a few days in the hospital recovering from the surgery and staying under observation.
The recovery time for this surgery can last anywhere from a few weeks to a few months, depending on your injury and your specific circumstances.
One thing to keep in mind is that the older individual, the more likely it is that you may never recover from said surgery in a way that brings you back to 100% use of your hip as it was before the surgery.
Hip Replacement Compensation Amount in Maryland
Hip replacement payout for medical malpractice claim
$1,300,000 (Maryland): This was a Montgomery County, Maryland hip replacement compensation result from a nursing home injury. In this case a mid-70’s elderly nursing home resident had hip surgery which landed her in a nursing home for rehab. While there, the understaffed nursing home carelessly managed the resident’s surgical recovery which lead to an infection. The resident had to undergo another hip replacement because of this. The nursing home denied doing anything wrong, but that argument didn’t stick. The total $1.3M hip replacement related compensation was for pain and suffering.
Hip Replacement Lawsuit Settlement Amounts in Florida
Hip replacement payout for multiple hip replacement surgeries
$8,584,900.00 (Florida): a 38-year old male driver was hit by another vehicle that violated the right of way in an intersection. The injuries in the accident were intensive and included broken bones in the arms and legs as well as a severely damaged hip which developed an infection. The plaintiff not only required an initial hip replacement surgery, but was also told that he would need 2-3 future hip replacement surgeries in the course of his life as well, and therefore was paid a verdict for both past and future medical and pain and suffering expenses.
Hip replacement compensation for car accident injuries
$1,348,066.00 (Florida): A minor plaintiff was injured when the car that he was driving in was struck by a vehicle turning left that failed to yield right of way. Plaintiff was injured badly and was unconscious for several days after the accident, which showed signs of brain injury. In addition to the head injuries, there was also a fractured hip in the accident as well. The medical providers stated that there would need to be hip replacement surgery in the future in order to recover mobility and have any recovered quality of life.
A lot of Florida hip replacement lawsuit settlement amounts came up in my research. I’ll fire off a few more for good measure:
$325,000 (Florida): Mid-70’s resident falls in nursing home after being negligently left unattended, resulting in hip replacement compensation amount of $325k.
$135,000 (Florida): Visitor in a nursing home tripped over a bed device that was left sticking out, causing her to fall, break her hip, and undergo hip replacement as a result. This ended with a hip replacement compensation amount of $135k.
Hip Replacement Lawsuit Settlement Amounts Nationally
Car crash induced hip replacement compensation amount
$282,241.00 (Kentucky): A passenger in a vehicle traveling on a local interstate came to a stop on the emergency lane and was shortly thereafter hit by another vehicle that was not paying attention to the road in front of them. The individual who hit the plaintiff was intoxicated which was the reason that they were not alert and aware of the car in front of them on the road. The impact caused intensive hip injuries and the plaintiff was told that a hip replacement surgery would be the only course of action that could address the damages caused to the hip.
Hip replacement compensation for 87 year old victim
$75,754.00 (Kansas): An 87-year old female suffered a fractured femur bone that required a hip replacement when she got hit by a defendant. Plaintiff was attempting to cross a public roadway when a car driven by the defendant hit her. The defendant stated that a fall caused the hip damage and that the plaintiff was partially liable in the accident which tougher with the age of the plaintiff led to a reduced settlement that was ultimately agreed on.
Hip replacement compensation for nursing home fall case
$75,000 (California): Mid-80’s nursing home resident fell while being taken to the bathroom by a facility employee. The result was a hip replacement lawsuit settlement of $75k, which is clearly a compromised amount from the potential ceiling value of the case.
Hip replacement payout for nursing home malpractice
$125,000 (Alabama): Late-70’s nursing home resident was allowed to fall out of her bed due to inadequate fall safety interventions in this case. This is another compromised settlement, representing a hip replacement compensation amount of $125k.
Hip replacement settlement from femur fracture in nursing facility
$185,000 (Pennsylvania): This nursing home settlement relates from careless nurses dropping a mid-80’s nursing home resident. She suffered a femur fracture which necessitated a hip replacement. Unbelievably, the nursing home tried to blame the victim for the fall. That nursing home didn’t really believe in its own argument though, as it coughed up this $185k hip replacement payout.
Hip Replacement Compensation Factors
Hip replacement compensation amounts are usually high because the surgery is invasive, it can be dangerous and it is going to affect your quality of life at any age.
However, some variables can lessen your payout potential while others can increase your payout potential.
Some of the most important variables in determining your compensation amount for a hip replacement are going to be:
◊ Your age. If you are older, there is a high chance that the insurance companies will offer you less because they believe that advanced age led to the injury more than just the accident. Also, future pain and suffering damages could be less for you because you have a smaller future life expectancy. I’m not agreeing with either of these, I’m just sharing arguments I’ve heard insurance lawyers make.
◊ How active your lifestyle was. If you had a very active lifestyle before the accident, there is a much higher chance that you will have a higher payout after the accident or fall. Jobs that are active and lifestyles that are active are going to be affected much more in these cases and the settlement will reflect this. Similarly, if you were mobile before a fall but less mobile now, that will have value.
◊ Your recovery time. If your recovery and treatment does not go well or takes a very long time, this means that you are going to have more of your life interfered with and derailed, which also has an impacts on your recovery time.
You really need someone to deep dive into a correlation between the mobility history you will share versus what story your medical records say about your pre-injury mobility. That will bring to light the strengths and weaknesses of your hip replacement claim and recovery outlook.
Hip Replacement Settlement Range
Your hip replacement settlement settlement range will be affected by the variables we discussed above. What does this mean for you?
That your compensation will make the most sense based on your specific circumstances.
For older individuals who need a hip replacement, there is often a settlement value that ranges starting from about $125,000 to $225,000. This is based on the decreased need for future medical expenses/care and future pain and suffering amounts.
However, younger individuals or those who are still working in active lifestyles or jobs can expect to get a settlement value averaging closer to $250,000 to $350,000.
While this may seem high, hip replacement compensation amounts reach this range because the injury will mean that the rest of your life will be diminished in terms of your mobility.
How Much Compensation Will I Get for a Hip Replacement ?
I can’t emphasize this enough – the above results and samples make sense for each individual result, and not for you.
Here’s what I mean. You cannot look at the settlement range and expect to fall in that range simply because that’s typical for a cluster of random cases.
I reviewed 59 hip replacement compensation settlement reports to write this article. Those reports included $0 results and $3,000,000+ results.
I didn’t include the outliers, but this is critical. The best marker for your case value is a result obtained from another case with similar key facts.
Maybe your hip replacement recovery correlates well with one of the $0 results I found, or the $3,000,000 result I found.
The bottom line is, to know how much compensation you will get for a hip replacement, someone has to do a deep dive into your case.
Additional Hip Replacement Lawsuit Questions
Will I recover normal mobility after my hip replacement?
Whether or not you will recover normal mobility in your hip after a hip replacement surgery will depend on your age, past medical history and how well you recover from your surgery as well as how effective your surgery was, but the good news is you can be compensated for any loss in pre-injury mobility.
Your hip replacement settlement amount will therefore depend heavily on your mobility after surgery.
What most affects my hip replacement payout?
This is outlined in greater detail above, but some of the variables that most affect your hip replacement payout will be things like your age, your existing health, how many prior injuries or surgeries you have had to the area and how much your quality of life has been affected by the injury.
How much compensation will I get for a hip replacement?
How much you will get in compensation for your hip replacement injury will depend on the specifics of your case. I prepared full case summaries above that you need to review to figure out the compensation for your hip replacement, but generally, if you have a long recovery time, are younger, have always had an active life or have an active job, you can likely expect to recover anything from $250,000 to $350,000.
Nursing home hip replacement compensation amounts are lower generally, but only when there are not other factors present, such as staffing issues, abuse, neglect, or other bad acts which tend to upset a jury.
What are the average hip replacement settlement amounts in California?
I summarized a California hip replacement settlement above which you should read, but with that said, the average hip replacement settlement amounts in California tend to run about the same average as nationally, which hovers around the $250,000 to $300,000 mark.
Will my age have an impact on my final settlement amount?
Yes, your age will have an impact on your final settlement amount, but there are other important settlement factors that I listed above which you should consider, in addition to age. Those who are older will usually be offered lower settlement amounts while those who are younger can expect higher settlement amounts. Age in face is a major factor in hip replacement settlement amounts.
Maximize Your Hip Replacement Compensation
There are two keys to maximizing your hip replacement recovery and settlement.
First, you need quality demonstrative evidence to show, not tell, your injury.
Second, you need quality witnesses to support the losses and harm associated with your injury.
When these two factors are worked up diligently and thoroughly, you are in the best position to maximize your hip replacement compensation.
If you’d like my help doing that, give me a call, send me an email, or fill out the contact form below.
Reza Davani, Esq.
State Bar No.: #1212110211
Federal Bar No.: #30168
Supporting Literature, Citations & Resources:
Imperiale, T. F., & Speroff, T. (1994). A meta-analysis of methods to prevent venous thromboembolism following total hip replacement. Jama, 271(22), 1780-1785.
Le Manach, Y., Collins, G., Bhandari, M., Bessissow, A., Boddaert, J., Khiami, F., … & Devereaux, P. J. (2015). Outcomes after hip fracture surgery compared with elective total hip replacement. Jama, 314(11), 1159-1166.
Dreinhöfer, K. E., Dieppe, P., Stürmer, T., Gröber-Grätz, D., Flören, M., Günther, K. P., … & Brenner, H. (2006). Indications for total hip replacement: comparison of assessments of orthopaedic surgeons and referring physicians. Annals of the rheumatic diseases, 65(10), 1346-1350.
Quintana, J. M., Arostegui, I., Escobar, A., Azkarate, J., Goenaga, J. I., & Lafuente, I. (2008). Prevalence of knee and hip osteoarthritis and the appropriateness of joint replacement in an older population. Archives of internal medicine, 168(14), 1576-1584.
Colas, S., Collin, C., Piriou, P., & Zureik, M. (2015). Association between total hip replacement characteristics and 3-year prosthetic survivorship: a population-based study.JAMA surgery, 150(10), 979-988.
White, R. S., Sastow, D. L., Gaber-Baylis, L. K., Tangel, V., Fisher, A. D., & Turnbull, Z. A. (2018). Readmission rates and diagnoses following total hip replacement in relation to insurance payer status, race and ethnicity, and income status. Journal of racial and ethnic health disparities, 5(6), 1202-1214.
Clarke, A., Pulikottil-Jacob, R., Grove, A., Freeman, K., Mistry, H., Tsertsvadze, A., … & Sutcliffe, P. (2015). Total hip replacement and surface replacement for the treatment of pain and disability resulting from end-stage arthritis of the hip (review of technology appraisal guidance 2 and 44): systematic review and economic evaluation. Health technology assessment (Winchester, England), 19(10), 1.
Sharma, V., Awasthi, B., Kumar, K., Kohli, N., & Katoch, P. (2016). Outcome analysis of hemiarthroplasty vs. total hip replacement in displaced femoral neck fractures in the elderly. Journal of clinical and diagnostic research: JCDR, 10(5), RC11.
Darwish, F. M., & Haddad, W. (2013). Intertrochanteric fracture under an arthrodesed hip. The American journal of case reports, 14, 150.
Camponovo, C., Lelais, F., & Bonello, N. (2019). ESRA19-0551 Two-part study of intrathecal paracetamol administered immediately before spinal anaesthesia in patients scheduled for hip replacement surgery. Safety report study, part 1. Regional Anesthesia and Pain Medicine, 44(Suppl 1), A235-A235.
About the Author
This nursing home and medical malpractice article was written by Baltimore, Maryland nursing home attorney Reza Davani, Esquire. Mr. Davani received his Juris Doctor degree from a Tier 1 law school, the University of Maryland Francs King Carey School of Law. He received his first license to practice law from the State of Maryland’s Court of Appeals (MD State License No. 1212110211), and just four months later received a federal law license from the United States District Court for the District of Maryland (Federal License No. 30168).
Mr. Davani has been practicing law for over 10 years. He began practicing law by helping clients as a sanctioned student lawyer before receiving his law license, and second chaired his first jury trial in federal court before even graduating law school. He is a registered member of the Maryland Association for Justice (MAJ), the American Bar Association (ABA), the American Association for Justice (AAJ), and was formerly on the MAJ’s Legislative Leader’s Circle.
Mr. Davani has taken over 20 cases to trial in state and federal court, and favorably settled well over 100 cases for injured victims. He has personally helped his clients recover over $15,000,000 in personal injury, medical malpractice, and nursing home abuse settlements and verdicts in Maryland and other states. He is dedicated to fighting for justice, and welcomes the opportunity to help you.
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