Cauda Equina Compensation Can I Claim?

If a patient is suspected of having cauda equina syndrome, an emergency MRI scan should be arranged.

If there is a failure to detect or treat cauda equina syndrome, there could be grounds for a claim.

Detecting cauda equina syndrome

An MRI scan will reveal significant degenerative changes at the lower two lumbar levels of L4/5 and L5/S1 with lateral disc protrusion at both levels causing nerve root entrapment and a degree of spinal stenosis, particularly at the L5/S1 level.

Once this is discovered, there should be no delay in taking a patient to theatre for emergency decompression surgery. This will relieve the compressed nerves, removing the disc fragment (or any other structure that is pressing on the nerves).

Timing of treatment for cauda equina syndrome

For acute cauda equina syndrome, medical experts consider that surgery will have a positive impact if performed within 24 hours of the onset of red flag symptoms.

The most obvious red flag symptom is urinary retention, meaning the patient is unable to pass urine of their own accord. The other red flags include numbness around the genitals, legs and buttocks, and weakness in the legs.

Delayed surgery for cauda equina syndrome

Sometimes, however, a patient is displaying the red flag symptoms of cauda equina syndrome but emergency decompression surgery is not carried out.

When this occurs, there may be grounds for a medical negligence compensation claim as doctors should be aware of the need to provide immediate treatment. To find out if you can make a claim, you need to talk to a solicitor who specialises in cauda equina claims.

Will I have grounds for a claim?

When deciding whether you are able to make a claim, a solicitor will whether:

  • There was an unreasonable delay in diagnosing/treating your cauda equina syndrome, and
  • Earlier treatment would have resulted in a considerably better neurological outcome

If a solicitor does believe that there has been an unreasonable delay, and this caused you unnecessary injury, you will be able to make a claim.

Cauda equina compensation

The injuries you have been left with as a result of medical error will be explored during the course of your claim. For example, it may be that with earlier decompression surgery, you would have enjoyed:

  • Improved recovery in bowel and bladder function
  • No requirement for intermittent self-catheterisation
  • A normal ‘socially acceptable bladder’
  • Normal bowel action
  • Recovery of sensation in the buttocks, penis and feet
  • Recovery of power in ankle movements
  • Complete resolution of sciatica

Expert legal advice

To talk to a legal expert about claiming compensation for cauda equina syndrome, please contact us today.

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