When to Make a Compensation Claim for CES Negligence
What are the circumstances under which it might be appropriate to make a claim for compensation for medical negligence. Speak to a legal specialist for expert advice.
Timing and the limitation date
The first thing to bear in mind is that compensation claims for medical negligence are associated with a legal deadline. A new claim must be issued with a court within three years of the date of the alleged negligence. For example, if your cauda equina compression symptoms were misdiagnosed in February 2022, the deadline, or limitation date, would be three years later in 2025. This date is not the time by which you need to instruct a solicitor. Your solicitor will need to obtain your medical records and investigate the quality of your care, as well as its impact on you, if any, before your claim is issued with a court. It is important, therefore, that you contact a solicitor promptly if you think that you may have been the victim of negligent medical care.
A further advantage of prompt action is that your recall of events is likely to be better closer to the time of those events and your solicitor will be asking you to provide a witness statement as part of your claim.
Has there been a breach of duty?
If you are to make a claim for negligence, it will need to be clear that an act of negligence has indeed occurred. With regard to cauda equina syndrome, this could include the following failings:
- A failure to carry out an examination when this would normally have been considered as necessary
- A failure to recognise that your symptoms may be indicative of cauda equina compression, leading to a misdiagnosis and a delay in referring you for an MRI scan
- A failure to provide red flag warnings as appropriate
- A delay in carrying out an MRI scan or in initiating surgery
It is, furthermore, necessary that the negligence, if any has occurred, has caused or contributed to you suffering a worse outcome than would have been the case with an acceptable level of care.
Where this is found to be the case, it may be possible to claim compensation for the impact of the negligence such as a loss of income if you are no longer able to work or are restricted in the type of employment you can undertake.
Speak to a legal expert
Glynns Solicitors is a dedicated medical negligence legal practice with a team of experienced, specialist solicitors. Contact us today to speak with a solicitor, free of charge, if you believe that you may have cause to make a claim.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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