Cauda Equina Syndrome Compensation Claims Solicitors

What are the symptoms of cauda equina syndrome?

The ‘red flag’ symptoms of cauda equina syndrome are those which call for urgent investigation and they include the following:

• A change in bladder and bowel functions, including incontinence, not feeling the urge to go or an altered flow
• Experiencing sexual dysfunction
• Sensations in the buttocks, anus and genitals such as numbness and pins and needles – sometimes referred to as ‘saddle numbness’
• Loss of strength and power in the legs
• Lower back pain spreading to one or both legs

These symptoms can happen suddenly or over a prolonged period of time. Your doctor should carry out tests to rule out cauda equina syndrome, such as physical examinations and referrals for an MRI, an x-ray of the spine or a CT scan.

Failure to carry out the necessary tests could lead to cauda equina syndrome going un-diagnosed, and this could be the basis of a cauda equina syndrome compensation claim. Once cauda equina syndrome has been diagnosed, the surgery to treat it should happen within 48 hours, as any delay could mean the symptoms become permanent.

Delays which could amount to negligence when dealing with cauda equina syndrome could include the following:

• A delay in recognising the red flag symptoms
• A delay in referring you to an orthopaedic or neurosurgical specialist
• A delay in performing an MRI scan
• A delay in carrying out the surgery needed to relieve pressure on the nerves in the spine

If you want to make a cauda equina compensation claim against a GP the negligent treatment might include:

• A failure to carry out a proper examination, ask sufficient questions and rule out red flag symptoms of cauda equina syndrome
• A misdiagnosis of back pain without checking for cauda equina syndrome symptoms
• A failure to arrange a neurosurgical review after identifying red flag symptoms

If you want to make a cauda equina syndrome compensation claim on the basis of hospital treatment – such as when presenting with symptoms to an A and E department – the negligent behaviour could include the following:

• A delay in reviewing your symptoms, arranging scans or performing surgery
• Misinterpreting the results of MRI scans
• Mistakes made during the cauda equina decompression surgery
• Mistakes made when dealing with post-operative complications
• Other issues which might lead to a cauda equina compensation claim include a shortage of available MRI scanning equipment when you attend an A and E department, or a shortage of medical staff such as radiologists and neurosurgeons.

Step by step guide on how to make a cauda equina syndrome claim

If you think that your cauda equina syndrome has caused long term or even permanent symptoms due to negligence then you should start a compensation claim as quickly as possible.

There is no legal obligation to use solicitors when making a cauda equina compensation claim, but pursuing a claim without expert legal help would be extremely risky.

Contact our expert team today and we’ll provide a free consultation. This will enable us to ascertain whether you have been the victim of negligence by a medical professional, with this negligence causing the cauda equina syndrome to go untreated or be treated inadequately.

If we decide that you have the basis for a successful cauda equina syndrome compensation claim we’ll guide you through the process one step at a time. These steps will include:

Taking a detailed statement from you covering the emergence of your cauda equina syndrome symptoms, your interactions with medical practitioners and any diagnoses and treatment you have been offered

Accessing a copy of your medical records, including the results of any scans, x-rays or other examinations relating to your cauda equina symptoms

Taking witness statements from anyone able to provide more details about the impact your cauda equina syndrome symptoms have had on your life.

Undergoing a medical evaluation with an independent expert. We will arrange this evaluation in order to establish the extent of your cauda equina symptoms, the degree to which they have impacted on your health and well-being and the prognosis for any future treatment and recovery.

The evaluation will help to back-up any claim that your cauda equina should have been diagnosed and/or treated quickly enough to prevent the symptoms becoming permanent.

We will submit a claim to the party which acted negligently when dealing with your cauda equina syndrome, informing them of your decision to seek compensation on the basis of their negligent treatment. This party could be a GP, an NHS trust or a private medical facility.

We will advise you to keep a detailed record of any expenses which are directly related to the impact of your cauda equina syndrome, as these will form part of any compensation awarded.

If the other party admits liability we will negotiate with them in order to arrive at what we think is the right amount of compensation. Our experience of successfully pursuing cauda equina compensation claims will enable us to identify whether any amount offered is fair and reflective of your experiences.

If the other party denies liability we’ll use our extensive experience of alternative dispute resolution to try to reach a settlement without having to take the claim to court. In the majority of cases, a settlement is reached without going to court, but if a court appearance becomes necessary we will be there to represent and support you throughout.

There is a legal statute of limitations in place, which means that you have 3 years from the date upon which your cauda equina syndrome is diagnosed to make a claim. Because a cauda equina compensation claim will be based on the negligent actions of the other party, the 3 years can run from the date upon which you realised that your CES was caused by this negligence.

Throughout this process, the team at Wolferstans will provide expert legal advice, clear, jargon-free communication and empathetic support. We understand how stressful and upsetting cauda equina syndrome can be, particularly if you are only suffering because a trusted medical practitioner acted negligently.

A CES compensation claim can be fairly complex and will generally take between a number of years to complete. The exact amount of time taken will vary depending on factors like:

• If the other party admits liability
• The complexity and seriousness of your cauda equina syndrome symptoms
• The degree of rehabilitation and treatment you have to go through
• Whether the costs of long term care need to be included
• Whether the claim has to be taken to court to be decided

In long and complex cases where liability has been admitted we will apply for interim payments to be made. These payments will cover the cost of things like mobility aids, medical treatment and care until the final compensation payment is made, enabling you to live more comfortably in the meantime.

Despite the length and complexity of some cauda equina syndrome compensation claims, the Wolferstans track record of winning compensation for our clients, allied to our supportive and empathetic approach, means that you should never be discouraged from seeking the compensation you are entitled to.

What compensation can I get for cauda equina syndrome?

The compensation you can get for a CES medical negligence claim will be broken down into general damages and special damages. The most serious cases – in which cauda equina syndrome leads to lifelong disability and care requirements – could result in more than a million pounds being paid in compensation.

General damages

General damages for a successful cauda equina syndrome compensation claim are intended to reflect the pain and suffering caused by the cauda equina syndrome and any loss of amenity. ‘Loss of amenity’ refers to the way in which cauda equina syndrome stops you from leading your life fully and doing things such as:

• Pursuing hobbies and interests
• Working in a job you had previously enjoyed
• Undertaking everyday activities such as playing with your children or grandchildren

The figure will be based in part on examples set out in a publication called the Judicial College Guidelines (JCG). The latest edition of the JCG includes the following examples:

• A severe lower back injury with spinal cord damage – £111,150 to £196,450
• Cauda equina syndrome leading to lower body paralysis – £267,340 to £346,890

Whether your cauda equina symptoms are graded as being serious, severe or minor will depend on factors such as how permanent the impact will be and
whether the prognosis is for any form of recovery or remission. The compensation will also take into account the psychological impact of living with cauda equina syndrome, and the impact it may have had on your relationships.

Special damages

Special damages for cauda equina syndrome compensation claims are intended to cover the direct financial impact of the condition. The final amount is intended to return your finances to the state they would have been in had the impact of cauda equina syndrome not become permanent.

The amount will also include indirect costs related to any loss of earnings. With a wide ranging condition such as cauda equina syndrome this could mean wages lost through time off work, through switching to another, less demanding role, or because you have had to stop working entirely.

The same principle will apply to any pension provision lost because of the impact of cauda equina syndrome on your working life. Other expenses which fall under special damages include:

• Money spent on medical treatment, prescription charges etc. now and in the future
• Money spent on care which is needed because of cauda equina syndrome, now and in the future
• Money spent on specialised equipment which has to be purchased to cope with the cauda equina syndrome, such as mobility aids, walking frames, crutches etc.
• Money spent on adapting a home or vehicle to make it fully accessible to someone with cauda equina syndrome – examples might include fitting a stair lift or installing downstairs bathroom or bedroom facilities
• The cost of having to move to a new, more accessible home
• Any travel costs directly linked to cauda equina syndrome, such as travel to and from medical appointments
• The cost of any therapy needed because of cauda equina syndrome, including physical therapy and counselling required to deal with the psychological impact

When you contact Wolferstans to start a CES medical negligence claim we’ll advise you to keep records, including receipts where possible, of any expenses which might form part of the special damages for your claim. You should also note the time spent by family members and friends providing care free of charge, as this can also be factored into the calculation.

How long do I have to make a CES, cauda equina compensation claim?

In simple terms you have 3 years to claim for cauda equina syndrome compensation, but there are some exceptions to this rule. If you were 18 or older when the negligence took place, then the 3 year limit will run from the date upon which you were given a diagnosis which links your cauda equina syndrome to possible negligence.

If you were under 18 at the time, then a claim can be made on your behalf by a ‘litigation friend’ such as a parent. If this hasn’t happened by your 18th birthday, then you have until your 21st birthday to start your own claim.

There is also an exception for anyone lacking the mental capacity to make a claim during the 3 year period. This could be because they have suffered a brain injury, for example, and the cause doesn’t have to be linked to the negligence which caused the cauda equina syndrome.

What evidence do I need for a cauda equina compensation claim?

The evidence to support your claim of negligence leading to cauda equina syndrome will include the following:

Your medical records, including any notes relating to GP or hospital visits during which the CES should have been diagnosed

Your own account of the treatment you have received. If you think you are being treated negligently, or that your concerns are not being taken seriously, you should start noting down examples – including dates and the names of any medical practitioners – as soon as possible.

Compiling an account when the events are still fresh in your memory will help you to include as much compelling detail as possible

Records of any medications you have been prescribed to deal with the cauda equina symptoms. These will be especially relevant if you were prescribed treatment for individual symptoms such as lower back pain without the link to cauda equina syndrome being recognised.

Statements from anybody – such as friends, family members or work colleagues – who have witnessed the impact cauda equina syndrome has had on your life, or in whom you confided the negligent treatment you received

The details of an independent medical evaluation arranged by the medical negligence team at Wolferstans. We will know which experts to turn to in order to build the fullest possible picture of the impact which cauda equina syndrome has had on you.

Copies of correspondence relating to your cauda equina syndrome, particularly if you have letters cancelling appointments or delaying things like MRI scans.

Life after cauda equina syndrome: long-term impact and support

Life after cauda equina syndrome which was left untreated or not treated quickly enough can involve mobility issues, chronic pain, the inability to work, incontinence, sexual dysfunction and mental health problems. While the severity and presence of individual symptoms will vary from case to case, neglect when the symptoms first present will mean the patient is unable to make a full recovery.

Cauda equina syndrome is caused by nerves at the base of the spine being compressed and damaged. The longer this compression is left untreated, the more damage will be done, up to the point at which no treatment will be effective.

The general consensus is that the nerves in question need to be freed from compression within 48 hours of symptoms arising. Any longer than this, and the damage will be permanent.

The long term health complications caused by a failure to recognise and/or treat cauda equina syndrome quickly will often include one or more of the following:

• Incontinence impacting the function of the bladder and/or bowel
• Sexual dysfunction
• Chronic sciatic pain impacting the lower back and one or both legs
• Numbness of the lower back and the groin and buttocks
• Weakened muscles in the lower body impacting mobility
• Paralysis below the waist

Clearly, these are all serious complications, particularly when long term or permanent. Many of them will require a patient to completely upend their life – changing or leaving their job, adapting or leaving their home, requiring help or specialised equipment for previously simple everyday tasks.

The severity of cauda equina syndrome could also trigger psychological and emotional problems, robbing patients of confidence and impacting relationships and their social life. In the longer term, issues with mobility, incontinence and chronic pain could have a hugely negative impact on wider health and well-being.

Treatments

The initial treatment for cauda equina syndrome needs to be provided as quickly as possible. Surgery to decompress the spinal nerves, if provided within 24-48 hours, is the option most likely to lead to a full recovery.

If this surgery is delayed for any reason then you may be able to make a CES medical negligence claim, as the damage will gradually worsen and become irreversible. In the longer term, pain relief may be prescribed to lessen the chronic pain often experienced, while tailored physiotherapy can help with muscle weakness, balance and pain management.

Adjustments

The adjustments to your life that might need to be made due to cauda equina syndrome might include the following:

• Adaptations to your home, including the installation of ramps, grab rails, shower seats and widened doorways can all increase accessibility if your mobility has been impacted
• Adaptations to your workplace might be needed to accommodate your condition, including physical modifications or the option to work at home
• You may need to use mobility aids such as a mobility scooter, wheelchairs, walking frames and crutches in order to retain an independent lifestyle
• You may need to access specialised bowel and bladder care and utilise equipment such as incontinence products
• You might require counselling or therapy to come to terms with the impact of what is a lifelong condition. You could also contact support groups run by other people coping with the same or similar issues.

Support groups for those living with cauda equina syndrome include rehabilitation provided by the NHS and statutory social care structures. For advice on the help that is available, and for broader support with living with cauda equina syndrome, you could contact the following organisations:

Cauda Equina Champions Charity – a national charity specifically focussed on cauda equina syndrome, offering patient led support and tailored services

Spinal Injuries Association (SIA) – a charity dedicated to supporting people living with a spinal cord injury.

The Brain Charity – support for people with neurological conditions, including cauda equina syndrome.

Choosing the Right Solicitor for Your CES Claim

Choosing the right solicitor for your CES claim is vitally important. Medical negligence claims of this kind can be complex and lengthy and require legal and medical expertise as well as experience of dealing with large bodies like the NHS.

The team at Wolferstans can offer expertise and a proven track record of making successful cauda equina syndrome compensation claims. This legal know-how is combined with an empathetic and supportive approach which means we never lose sight of the human impact of medical negligence.

As we guide you through the compensation claims process one step at a time we’ll communicate exactly what’s happening in clear, easily-understood language.

We’ll undertake a full review of your medical records at the earliest opportunity and arrange an independent evaluation to gain the fullest possible picture of the impact of cauda equina syndrome on your life.

We’ll provide estimates of the amount of compensation you’re likely to achieve throughout, based on our experience of the law and our handling of similar cases.

From initial assessment through to finalising your claim we’ll work on a no win no fee basis, which means you won’t have to pay anything upfront and you’ll get to keep the majority of any compensation you’re awarded.

We’re accredited by the Law Society for Clinical Negligence and Lexcel accredited for excellence in legal practice management and client care.
Various members of our medical negligence team are also on the Law Society and AvMA (Action against Medical Accidents) Specialist Clinical Negligence Panels and have been accredited by APIL (Association of Personal Injury Lawyers) as Clinical Negligence Specialists and Brain Injury Specialists.

If you think that medical negligence has made your cauda equina syndrome symptoms worse than they would otherwise have been then contact us today. We’ll work by your side to claim the compensation that could help make the symptoms easier to live with.