Cauda Equina Syndrome is a rare, complex, and serious condition that can cause severe pain and disability if misdiagnosed. If your Cauda Equina Syndrome has been misdiagnosed, or there was a delay in diagnosis, you may be able to claim compensation.
Our medical negligence solicitors are experts in bringing Cauda Equina negligence claims against NHS Trusts or private hospitals and can advise and represent you throughout the claims process.
If you have suffered an injury as a result of your Cauda Equina diagnosis being missed or delayed, our Cauda Equina misdiagnosis solicitors will guide you through the process of securing medical negligence compensation. We will fight aggressively to obtain an early admission of liability, which will secure interim payments to fund treatment and other medical costs. Our team is not only focused on achieving the best financial settlement for our clients, we are also driven to help them get the rehabilitation they need to recover and resume their normal life (in so far as possible).
Reasons to bring a claim for Cauda Equina misdiagnosis
Time is of the essence when it comes to the diagnosis and treatment of Cauda Equina Syndrome. Recent research has shown the outcome for all types of Cauda Equina Syndrome is improved when medical intervention occurs within 24 hours. The authors of the study noted that of 47 patients having surgery within 24 hours, 41 (87%) recovered normal bladder function, whereas of 46 patients having surgery later than 24 hours, only 20 (43%) recovered normal bladder function.
You may be able to bring a claim for Cauda Equina delay / misdiagnosis if you have been:
- Given an incorrect diagnosis
- Told you did not have Cauda Equina when you did
- Given the wrong treatment for Cauda Equina
- Given delayed treatment for Cauda Equina
If you are unsure if what happened to you was medical negligence, contact our Cauda Equina misdiagnosis claims team who will take the time to listen with empathy and advise if you have a valid claim. At Devonshires Claims’ our highly experienced clinical negligence solicitors will support you through the process of obtaining compensation if you have experienced misdiagnosis, and/or negligent care or treatment relating to Cauda Equina. For more information or to start your free no-obligation case evaluation, contact us on 0333 577 9444, email [email protected] or complete our online form.
Read our FAQs
The onset of Cauda Equina can occur rapidly. The condition can be caused by:
- Disc herniation in the lower back (similar to a pinched nerve)
- Spinal stenosis
- Cancer or tumour
- Trauma to the lower back (caused by a car accident or fall etc.)
- Epidural abscess
- Epidural hematoma
- A disease or virus attacking the lower spine
Cauda Equina symptoms include:
- Severe lower back pain
- Motor weakness, sensory loss, or pain in one, or more commonly both legs
- Numbness in your ‘saddle’ area
- Sudden bladder and/or bowel dysfunction
- Sensory abnormalities in the bladder or rectum
- Recent onset of sexual dysfunction
- A loss of reflexes in the extremities
The above are ‘red flag’ symptoms. A health professional should examine you for possible Cauda Equina if you present with any of the above conditions, especially if you have been exposed to one of the above causes (for example, you have recently suffered a trauma to the lower back).
Cauda Equina is a rare condition. Therefore, doctors can easily miss the warning signs, resulting in a delayed diagnosis or missed diagnosis. This can have catastrophic consequences for the patient as there is only a small window of time in which effective treatment (usually surgery) can be administered.
If Cauda Equina is not treated in time, the patient can suffer permanent paralysis in the muscle of one or both legs and permanent loss of bladder/bowel control.
To make a compensation claim for Cauda Equina misdiagnosis, speak to one of our medical negligence Solicitors. They will listen to your story in an empathetic and caring manner and advise if you have grounds for a claim. They will assess if you were owed a duty of care, whether the duty of care was breached, and whether breaching the duty of care caused your Cauda Equina complications. If these three facts are present and can be backed up with evidence, you may have a strong case for compensation.
Your Solicitor will handle every aspect of the case, including collating the necessary evidence (such as medical records and correspondence) and will write to the organisation responsible for your care outlining the grounds for your claim.
The limitation period to bring a claim for medical negligence is three years from the date of the injury or three years from the date of knowledge of the injury. In rare circumstances, the Court may use its discretion to extend the limitation period, but only in exceptional circumstances. In most cases, Cauda Equina Syndrome symptoms come on rapidly, and you will know something is wrong with you very quickly.
Yes; Devonshires Claims can provide a ‘No Win – No Fee’ claims service for Cauda Equina misdiagnosis injury compensation claims. A ‘No Win No Fee’ arrangement is also known as a ‘Conditional Fee Agreement’. Under a No Win No Fee agreement, you will not have to pay any legal fees if your case is not successful. However, you may be charged for expenses (known as disbursements) related to your claim.
If you win your case, you will pay a maximum of 25% of your damages in Solicitor’s fees**.
For more information on our ‘No Win – No Fee’ agreement, please click here.
Medical negligence injury claims are rarely completed quickly. The timescale for a Cauda Equina misdiagnosis injury claim will depend on individual circumstances of your case; however, most cases commonly take between 2 and 3 years to fully conclude. Factors which will affect how long your claim takes may include:
- how severely you were injured
- the prognosis
- whether ongoing care is required
- how much rehabilitation is needed
- whether you require costs to cover home modifications
- Whether the defendant admits liability (if they do, claims can usually be concluded much faster).
Compensation claims for Cauda Equina misdiagnosis not only reflect the physical and mental pain and suffering experienced but also:
- Allow victims to obtain justice for the mistreatment and negligence they experienced
- Highlight failings in clinical practice, standards of care and protocols
- Provide families with an explanation of the incident and an apology if shortcomings are acknowledged
The compensation payment will depend on several factors:
- The pain and suffering of the victim
- The prognosis of the victim
- The impact of the delay and / or negligence on health and quality of life – including current and future care requirements, medical aids, home adaptations or other necessary assistance
- Any financial losses experienced as a result of the injuries – including past loss of earnings, medical expenses, travel expenses and equipment costs
- Any future financial losses, e.g. loss of earnings, loss of promotion prospects, pension
Compensation for Cauda Equina claims injury fall into two main categories:
- General compensation (General Damages): this includes compensation for pain and suffering and the impact of the injury on lifestyle and quality of life.
- Financial losses and expenses (Special Damages): these include the costs associated with private treatment, care support, travel expenses, other medical expenses, specialist equipment and loss of income.
Why choose Devonshires Claims?
All of us must trust the medical profession to quickly and accurately diagnose any health problems we may have, unfortunately, they sometimes get it wrong with devastating consequences. Healthcare professionals owe a duty of care to patients, whether in a GP surgery, Accident & Emergency department or in a private hospital. If a diagnosis of Cauda Equina is delayed or a misdiagnosis of the condition occurs, effective treatment may not be provided. This can lead to devastating complications such as incontinence and paralysis.
Devonshires Claims’ medical negligence and compensation claims experts will carefully assess your case and will tenaciously fight to obtain the maximum compensation for the injuries you have sustained. Our team are compassionate and driven, and we will put you in touch with other support services such as counsellors and clinical case managers who can help your recovery.
For more information on our ‘No Win No Fee’ Cauda Equina misdiagnosis claims service or to start your free no-obligation case evaluation, contact us today on 0333 577 9444, email [email protected] or complete our online form.