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Cauda Equina
Compensation for A & E Delays in Cauda Equina Syndrome

Compensation for A & E Delays in Cauda Equina Syndrome

A patient attending an Accident and Emergency facility with possible signs and symptoms of cauda equina syndrome may be a surgical emergency. A failure to provide and arrange the necessary treatment within the appropriate timeframe may be regarded as negligent.

A patient with incomplete cauda equina syndrome requires diagnosis and surgical nerve decompression within a matter of hours. Time is absolutely of the essence and a delay can leave the patient with permanent double incontinence and loss of mobility and sexual function.

Diagnosis

In the first instance the patient needs to be assessed for symptoms indicative of cauda equina nerve damage. This may be symptoms such as bilateral leg pain and weakness, urinary symptoms and altered sensation in the saddle area.

If cauda equina syndrome is suspected, the patient is likely to require an emergency MRI scan as promptly as possible. A delay will allow their condition to deteriorate.

If suitable facilities are not available at the hospital at that time, it is incumbent on the hospital to make arrangements for the patient to be transferred in a timely manner to a facility which can offer an MRI scanning facility.

This will enable a confirmed diagnosis of whether the patient's symptoms are being caused by compression of the cauda equina nerves.

Surgery

If compression of the nerves is indeed the cause of the symptoms, the patient is likely to require decompression surgery as quickly as possible. There is some debate as to the appropriate timing of surgery for cauda equina syndrome but it is generally regarded as necessary within hours.

It may be necessary for the patient to be transferred to another hospital and this should be arranged.

Delays

  • If the patient is sent home to await an MRI scan even though their symptoms suggest that it is an emergency, the hospital may be regarded as negligent
  • If the patient is sent home with pain relief but no red flag warnings, leading to a delay in diagnosis and treatment, the hospital may be regarded as negligent
  • If there is an excessive delay in undertaking the necessary decompression surgery, the hospital may be regarded as negligent.

If the patient subsequently suffers a poor long-term outcome due to the delays caused by the response at Accident & Emergency, it may be appropriate to make a claim for compensation.

Legal advice

Contact Glynns Solicitors for specialist legal advice regarding a possible compensation claim for cauda equina syndrome.

One of our team of experienced solicitors will be very happy to talk to you.

Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.

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