When Should I Make a Claim for Cauda Equina Medical Negligence?
Cauda equina syndrome, resulting from compression of the cauda equina nerves at the base of the spine, is a complex condition. Diagnosis and treatment can be a matter of emergency. When is it appropriate to make a compensation claim for medical negligence?
Timing of a compensation claim
The law requires that a claim for compensation is commenced within three years of the date of negligence. This means, for example, that, if your GP failed to refer you for an MRI scan which would have confirmed a diagnosis of CES in May 2018, the date of limitation for your claim would be May 2021.
In some circumstances, it may be possible to initiate a claim at a later date if you can prove that you did not have knowledge that negligence had occurred until some time later.
Justifying a compensation claim
It might be appropriate to make a claim for compensation if it is clear that your medical care was substandard in some way that impacted on your long-term outcome.
For example, where cauda equina syndrome is concerned, such an act of negligence may occur at various points in your medical care:
- A medical practitioner failed to refer you for an MRI scan with the necessary urgency at a time when it would normally have been considered necessary
- Your medical practitioner failed to warn you of the red flag symptoms of cauda equina syndrome when you had exhibited symptoms which justified such a warning
- Your medical practitioner failed to carry out an adequate assessment and thereby failed to identify your red flag symptoms
- An MRI scan was delayed, allowing your condition to deteriorate
- Your decompression surgery was delayed, allowing your condition to deteriorate
If negligence such as the above examples has caused you to suffer symptoms which you would not otherwise have experienced, it might be appropriate to make a claim for compensation.
A successful claim can address the problems of the financial losses you have incurred as a result of the negligence. For example, if the delays in your treatment have left you disabled to the extent that your income has suffered, it may be possible to compensate those losses.
Speak to a specialist
Glynns Solicitors is a specialist medical negligence legal practice with extensive experience of cauda equina syndrome compensation claims.
Contact us today if you or a loved one are struggling with the permanent symptoms of cauda equina syndrome due to poor-quality medical care.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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