Cauda equina syndrome claims are a way to seek compensation if poor or substandard medical care caused or worsened your condition. Cauda equina syndrome (CES) is considered a medical emergency. It happens when the cauda equina nerves at the base of the spinal cord are compressed. These nerves control bowel and bladder function. They are also responsible for sensation in your back passage and genitals. When compressed, their function can be affected. This can lead to severe pain, bowel and bladder dysfunction, sexual dysfunction and even lower body paralysis. If not urgently treated it can result in permanent nerve damage. If your condition was misdiagnosed or your diagnosis was delayed, you could have grounds to claim compensation.
This guide explains how to make cauda equina negligence claims. We begin by looking at the criteria medical negligence claims must meet. Then, our guide covers the factors affecting how much compensation you could be owed, as well as how long you have to file a claim. Next, you can find information on the reasons why people may claim compensation and how to prove your claim. Finally, we explain how one of our dedicated medical negligence solicitors could help you claim compensation.
To make a medical negligence claim:
- Call our team on 0800 073 8804.
- Talk to us online using our chat.
- Fill out our contact us form for a call back.
Jump To A Section
- Can I Make A Cauda Equina Syndrome Claim?
- What Is The Average Cauda Equina Syndrome Claims Compensation?
- Is There A Time Limit For Cauda Equina Claims?
- What Are The Common Reasons To Claim Cauda Equina Syndrome Compensation?
- What Evidence Will I Need For My Cauda Equina Claim?
- Get Help From Cauda Equina Syndrome Claim Solicitors
- Frequently Asked Questions
- More Information
Can I Make A Cauda Equina Syndrome Claim?
Cauda equina syndrome claims may be made if you can show that a healthcare professional caused you avoidable harm by breaching their duty of care. This may include harm caused by delayed diagnosis of cauda equina syndrome.
We must note that not all instances of delayed or misdiagnosis by healthcare professionals may be classed as negligent. To be eligible to make a cauda equina syndrome compensation claim, you must show that:
- A medical or healthcare professional owed you a duty of care.
- They were in breach of this duty of care. Such as by failing to diagnose a patient presenting with red flag signs of cauda equina.
- The above breach resulted in avoidable harm. This may include permanent nerve damage or sexual dysfunction.
All healthcare practitioners must meet expected professional standards whether working in the NHS or private sector. They should meet expected standards for diagnosis and treatment provided. This may include meeting standards set by professional bodies, such as the General Medical Council.
An advisor from our team could review your case and help determine your eligibility to claim compensation. Following this, they may connect you to one of our specialist cauda equina solicitors.
What Is The Average Cauda Equina Syndrome Claims Compensation?
To find the average compensation awarded in cauda equina syndrome claims, you would need to add together the settlements awarded to successful claimants and divide this figure by the number of settlements made during that time period. However, knowing this figure is unlikely to be of any use to you due to the differences between claims.
For example, a case where someone suffered lower body paralysis (paraplegia) could be awarded between £267,340 and £346,890 in compensation. How much compensation may be awarded for paraplegia, or any other form of harm, may depend on several factors.
The figure above has been taken from the Judicial College Guide (JCG). Solicitors and others working on medical negligence claims may review these guidelines when estimating compensation for your pain and suffering (general damages). Your medical records may also be taken into account.
Below we present further figures from the JCG which may be relevant to this type of case. Please be aware that the first figure was not taken from the JCG. We have added this figure to illustrate a settlement including both types of damages discussed in the following section.
| Harm | Severity | Damages |
|---|---|---|
| Multiple types of harm + special damages, such as for medical care. | Severe. | Up to £1,000,000+ where also awarded special damages. |
| Paralysis. | Paraplegia - B | £267,340 to £346,890. |
| Back. | Severe - A (i). | £111,150 to £196,450. |
| Severe - A (ii). | £90,510 to £107,910. | |
| Severe - A (iii). | £47,320 to £85,100. | |
| Moderate - B (i). | £33,880 to £47,320. | |
| Moderate - B (ii). | £15,260 to £33,880. | |
| Bowels. | Total loss of natural function - B. | Up to £183,190. |
| Bladder. | Loss of control and function - B. | Up to £171,680. |
| Male reproductive system | Significant sexual dysfunction - C. | £52,490 to £108,310 |
How Is Cauda Equina Compensation Calculated?
Cauda equina compensation may be calculated by taking two heads of loss into account. The first of these is referred to as general damages, which may be awarded for your pain and suffering. It may be calculated in line with the JCG, as discussed above. The more severe the degree of pain and suffering experienced, the higher a settlement may be. A successful claim will be awarded general damages.
The second head of loss is called special damages. Such damages compensate you for financial losses. These are not awarded automatically and you must present evidence which shows the financial loss you experienced and its connection to the harm you suffered.
Compensation may be claimed for:
- Loss of income or earnings. You can use bank statements and payslips to prove any past loss of income. You may also be able to claim for projected future losses, such as if you are no longer able to work due to the harm you suffered.
- Rehabilitation or care costs. Invoices may be used as proof of domestic care costs. These may be tied to care you needed during your recovery or long-term care in the home or for rehabilitation.
- Medical bills. Again, invoices can be used to show what medical care you paid for in connection to your cauda equina syndrome. For example, you may have had to pay for specialist treatment, or require ongoing medication.
- Travel expenses. Receipts and tickets for travel to essential medical appointments may be provided.
- Home alterations. If you sustained a severe or permanent disability, you may have had to make adaptations to your home. For example, you may have had to adapt your home to accommodate wheelchair access or to install a stairlift. Estimates, receipts and invoices for renovations can be submitted.
Other losses may also be taken into account, if you can show they were incurred due to the harm you suffered. It is important to retain copies of relevant bank statements, invoices, estimates and receipts.
One of our cauda equina syndrome solicitors could help to ensure that you claim for reasonable losses connected to your case. Please contact us for an explanation of how cauda equina syndrome claims may be valued.
Is There A Time Limit For Cauda Equina Claims?
Cauda equina syndrome claims are subject to strict time limits. Typically, this is 3 years from the date on which the negligent treatment took place. However, the time limit could also start from the date that you should have been expected to realise that negligence occurred, otherwise called the ‘date of knowledge’. This time limit is set by the Limitation Act 1980. You must file your claim within this time limit, unless exceptional circumstances apply. Acting and filing a claim promptly can ensure you exercise your eligibility to claim whilst able to do so.
There are exceptions to time limits for suing the NHS or private healthcare providers.
- For minors under the age of 18, the 3 year time limit does not begin till their 18th birthday.
- For those with a reduced mental capacity, no time limit is applied, unless they regain this capacity. At this point the 3 year limit would be applied.
In these cases, a suitable adult could apply to act on the claimant’s behalf. If successful, they would be appointed by the court to act as a litigation friend. Their role may include liaising with a solicitor and ensuring the claimant’s wishes are followed.
Please speak to a member of our team to learn more about cauda equina compensation claims time limit.
What Are The Common Reasons To Claim Cauda Equina Syndrome Compensation?
As stated, CES is a medical emergency requiring immediate diagnosis and treatment. The longer the condition goes untreated, the more severe the outcome may be. Cauda equina negligence claims may arise due to errors in the diagnosis, treatment or post-operative care.
Below we look at reasons why cauda equina syndrome claims may be brought and highlight instances of negligence.
Misdiagnosis / Delayed Diagnosis
A medical professional may misdiagnose CES, delaying its correct diagnosis and treatment. Misdiagnosis or delayed diagnosis may occur where a doctor negligently attributes red flag symptoms to a different condition, such as sciatica. The negligent delay in starting treatment may result in avoidable and irreversible harm.
Scenario: A patient presents to their GP with leg pain and bowel incontinence. The GP misdiagnoses this as sciatica and does not immediately order an urgent MRI scan. The patient presents at A&E a short time later and is diagnosed with CES. The delay in being diagnosed results in permanent bowel and bladder incontinence.
Surgical Errors
Negligent surgical errors could occur during lumbar decompression surgery. This procedure may be used to relieve nerve compression. Errors during spinal surgery could lead to further damage to the cauda equina nerves.
Scenario: A surgeon operates on a patient with CES. They carry on the operation on the wrong site (at the wrong spinal level). This exacerbates the nerve compression and results in a more severe degree of sexual dysfunction.
Post-Operative Complications
Post-operative complications may arise due to negligent aftercare. It may be caused by medical staff failing to manage issues such as infections or blood clots. These could lead to a patient’s symptoms being worsened or developing new symptoms.
Scenario: A hospital misses a post surgical blood clot in a patient’s leg. This causes worsened nerve damage to their leg.
Inadequate Examination
A doctor may carry out an inadequate physical examination or fail to take an accurate medical history. This may lead to their missing red flag symptoms of CES.
Scenario: A doctor fails to carry out an applicable neurological examination of a patient’s lower limb weakness. This leads to the condition not being diagnosed and leaving the patient with severely impaired bowel control.
Birth Injuries
Whilst rare, birth injuries can lead to cauda equina syndrome. Errors during the delivery of a baby, such as through the use of forceps, could cause harm to the baby’s cauda equina nerves or the mother may suffer compression of these nerves.
Scenario: Midwife negligence may occur where they use grossly excessive force when delivering a baby with forceps. In addition to the baby suffering birth injuries, the mother suffers a back injury causing cauda equina syndrome.
These are just some examples of how cauda equina symptoms may be missed or where harm may be caused during the treatment of this condition. If you have been harmed in one of these or another scenario, please contact our team.
What Evidence Will I Need For My Cauda Equina Claim?
You will need a strong body of evidence to make a successful cauda equina claim. This should include proof that you were under the care of a medical professional. It should also show that they breached this duty of care, causing you harm.
Evidence cauda equina syndrome claims may require:
- Medical records, including information on cauda equina syndrome diagnosis. This may include the results of any MRI scans, surgical records, GP notes and other relevant information.
- Independent medical assessments. You may be asked to visit an independent medical expert who will assess your current symptoms as well as review your medical notes. Their report may be submitted as part of your claim.
- Witness contact details may be taken in advance of a solicitor later requesting they provide a statement. Witnesses may have seen your initial diagnosis and treatment, such as seeing a doctor fail to carry out a proper physical examination.
- Correspondence related to your case. You may have letters, emails and other correspondence with a hospital, GP surgery or other medical practice. This may include letters in which a GP refuses to refer you for an MRI scan.
- Financial records. As already highlighted, you must submit evidence such as bank statements or invoices to prove financial losses.
If you choose to work with one of our cauda equina syndrome solicitors, they could assist you in collecting these and other forms of evidence.
Get Help From Cauda Equina Syndrome Claim Solicitors
You could get help from one of our expert cauda equina syndrome lawyers. They could support your claim for spinal cord damage caused by negligent treatment. Our solicitors have decades of combined experience in helping people to make successful medical negligence claims. To date, they have already secured over £80 million in compensation.
We could offer those impacted by cauda equina syndrome negligence:
- A comprehensive No Win No Fee service. We could help you pursue your cauda equina claim under a Conditional Fee Agreement, with no upfront solicitors’ fees. If the claim is unsuccessful, you pay nothing for their work. If you are, you pay a capped success fee, which is taken as a legally limited percentage of your compensation.
- Expert guidance throughout the claims process. From gathering evidence to negotiating your settlement and even communicating with the court if necessary, our team could help you.
- Comprehensive claims support. Whether organising rehabilitation services or arranging an independent medical assessment, our team could help you.
- Help securing interim payments to ensure you can meet immediate medical, care and other related costs.
Contact Legal Expert
Contact Legal Expert today. An advisor could review your case and, if they think you are eligible to claim, connect you to one of our expert solicitors. Our team is available 24/7 and ready to discuss your case. With years of high-level training, we are experts in making cauda equina claims.
To find out more about cauda equina syndrome claims:
- Phone our team on 0800 073 8804.
- Use our online chat.
- Use our contact us form.
Frequently Asked Questions
Below we address frequently asked questions about cauda equina syndrome claims relating to symptoms, treatment and the impact the condition could have on you.
What Can Cause Cauda Equina?
Cauda equina may be caused by trauma or conditions which compress the cauda equina nerves in the spinal cord.
- Herniated, slipped or prolapsed discs in the lumbar spine. This can exert pressure on the cauda equina and may trigger cauda equina syndrome.
- Spinal stenosis, an abnormal narrowing of the spinal cord (which may be age-related or congenital) could compress the nerve root.
- Spinal tumors growing in the lumbar area may grow and exert pressure on the nerve.
- Spinal fractures could lead to swelling and bleeding, disrupting nerve function and creating pressure.
- Traumatic accidents and injuries which compress the cauda equina nerve.
- Errors during spinal surgery damaging the nerve.
What Are The Cauda Equina Symptoms?
Cauda equina symptoms may develop gradually or present suddenly. They require urgent care to avoid irreversible harm. Symptoms may include:
- Loss of sensation/ tingling in the genital area or inner thighs.
- Numbness around the back passage or changed sensation when wiping with toilet paper.
- Difficulty with urination and/or reduced sensation when urinating.
- Unintentional leakage of urine.
- Loss of control of and/or lack of feeling during bowel movements.
- Sexual dysfunction.
Can Cauda Equina Syndrome Be Treated?
There are several treatment options for cauda equina syndrome. These may include:
- Urgent spinal decompression surgery. This must be performed within 24-48 hours of the onset of symptoms. Surgery is carried out to relieve pressure on the cauda equina.
- Cauda equina treated by medication.
- Rehabilitation. Following surgery you may require occupational therapy or post-surgical physiotherapy. In addition, you may require pain management.
- Ongoing care. Patients may require ongoing specialist care and support for persistent issues. These may include problems with bladder dysfunction.
The patient’s degree of recovery may depend on the degree of nerve damage and how soon treatment is obtained.
The Impacts Of Cauda Equina Syndrome
The impact of cauda equina syndrome may be life-altering. Potential impacts may include:
- Permanent nerve damage which could lead to chronic problems, such as bladder and bowel incontinence and sexual dysfunction.
- Impaired mobility due to numbness or weakness in the lower limbs (legs).
- Emotional distress. The impact of the condition could lead to depression and anxiety due to dependency on others or the inability to work and participate in everyday activities.
If you have any further questions about cauda equina compensation claims, please speak to a member of our team.
More Information
Further helpful guides on our site.
- View our guide on hospital negligence claims here.
- Here we look at how to claim if affected by a delay in treatment.
- We look at how to prove medical negligence in this guide.
References.
- Read more about lumbar decompression surgery in this NHS resource.
- Find out how to view your NHS GP health record here.
- Learn more about Statutory Sick Pay in this government resource.
Please contact us if you have any further questions about cauda equina syndrome claims.
