Compensation for Complete Cauda Equina Syndrome

When is it appropriate to make a compensation claim for cauda equina syndrome?

When compensation may not be appropriate

Developing complete cauda equina syndrome does not necessarily mean that you are entitled to make a claim for compensation. It is quite possible that no negligence has occurred and you have simply been extremely unfortunate.

If you or a loved one have developed complete cauda equina syndrome suddenly and medical practitioners had no opportunity to diagnose or treat the condition at an earlier stage, it is unlikely that you have been treated negligently.

You will probably still require urgent surgery and you may achieve some recovery of function but your on-going symptoms may be considered to have been the outcome of the speed with which the condition developed rather than any diagnosis or treatment failure on the part of your medical professionals.

When compensation might be appropriate

Where you may be able to make a claim for compensation is when you attended your GP or A&E unit with earlier signs of the condition and yet did not receive the emergency treatment you required. If your deterioration to complete cauda equina syndrome is then considered to be due to that delay in treatment, a compensation claim may well be an appropriate course of action.

When action is required

If a patient attends their GP or A&E unit with red flag symptoms of cauda equina syndrome, it is likely that they need to be referred to an A&E unit for an emergency MRI scan.

The symptoms that should warrant such a referral include the following:

• Bilateral leg symptoms of pain, tingling and/or weakness
• Alteration in sensation in the saddle area
• Alteration in bladder sensation and experience when urinating
• Alteration of sexual sensation and function
• Loss of sensation around the anus and alteration in bowel function
• Weakness of ankle reflexes

Medical negligence

If no assessment is done of these symptoms and no referral for an emergency MRI scan is made, the relevant medical practitioner may be considered to have acted negligently.

If the patient subsequently loses bladder sensation completely prior to surgery due to this failure to act at a more opportune moment, the patient’s poor outcome may be considered to be the result of substandard care.

In these circumstances, it may be appropriate to make a claim for compensation.

Speak to a solicitor

If you or a loved one are suffering with the long-term symptoms of cauda equina syndrome due to a failure to act promptly on your symptoms, you may wish to consider making a claim.

Call us mow to talk to a specialist medical negligence solicitor.

Please call us free on 0800 234 3300, from a mobile click to call 01275 334030 or complete our Free Online Enquiry for a no cost, no obligation opinion.

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