Claiming Compensation for Cauda Equina Dysfunction
A failure to act on a patient's cauda equina syndrome symptoms can lead to a catastrophic outcome and provide justification for a claim for compensation.
The impact of cauda equina syndrome
The on-going symptoms of complete Cauda Equina Syndrome can be highly distressing and extremely debilitating. A patient who has been left with this awful condition may experience some or all of the following:
- Loss of bladder sensation and awareness of needing to urinate
- Inability to control the passing of urine, leading to episodes of incontinence
- Loss of bowel sensation and control, leading to wind and faecal incontinence
- Loss of sensation in the saddle area, leading to sexual dysfunction
- Pain and weakness in one or both legs, with possible reduction in or loss of mobility
- Foot drop, hindering movement
The impact of such symptoms on a person's life can mean a loss of earnings due to not being able to return to work and significant costs associated with trying to retain one's independence. For some people this may mean considerable changes having to be made to their accommodation or having to move to a single-storey property.
The emotional impact can also, understandably, be severe.
Compensation claims in cauda equina syndrome
Where the patient is seen to be suffering this appalling outcome due to a failure by medical professionals to diagnose and treat their condition in a timely manner, it may be appropriate to make a claim for compensation.
A successful claim may compensate the patient for their pain, suffering and past and future financial losses associated with their condition.
Cauda equina dysfunction is a frequent focus of a compensation claim because medical professionals sometimes fail to recognise the significance of the patient's symptoms before it is too late.
Timing of surgery in cauda equina syndrome is absolutely crucial in influencing the patient's long-term outcome and a delayed diagnosis can be catastrophic.
Diagnosis and medical negligence
When a patient with possible early symptoms of cauda equina syndrome, such as lower back and leg pain, attends their GP, it is vital that the GP carries out a number of actions:
- Assesses the patient for signs that may suggest the underlying cause of the symptoms is compression of the cauda equina nerves
- Warns the patient of the red flag symptoms should they not already be present
- Refers the patient for an emergency MRI scan if cauda equina syndrome symptoms do appear to be present
If a patient receives a diagnosis of cauda equina syndrome whilst they still retain some bladder sensation, the long-term outlook would seem to be much more favourable.
Therefore, if delayed surgery and a poor outcome are seen to be due to an unnecessarily delayed diagnosis, a compensation claim may be a sensible course of action.
Speak to a solicitor
If you or a loved one are suffering with the appalling impact of cauda equina syndrome due to a delay in diagnosis and treatment, contact us to discuss your situation with a specialist medical negligence solicitor.
We will be able to advise you as to whether you seem to have a viable case and how best to move forward.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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