A patient who is developing cauda equina syndrome should be considered a medical emergency and delays in referring or investigating their symptoms may be cause for a claim for compensation.
The significance of a delay in diagnosis
Timing is crucial in the diagnosis of cauda equina syndrome. If a diagnosis is made in a timely manner, the patient has a very good chance of recovering much of their lost lower-body function. If diagnosis is delayed, however, the patient may suffer incontinence and disability for a lifetime.
An emergency referral for an MRI scan, the prompt undertaking of the scan and the timely reporting of those results will confirm whether or not emergency surgery is necessary for the patient. A delay in any part of that process can allow the patient to deteriorate to the point where surgery is likely to be less effective.
Possible causes of a delay
- Cauda equina syndrome is a fairly rare condition and the GP or A&E practitioner who is consulted by the patient may not recognise the symptoms, concluding that the patient has sciatica instead
- The medical practitioner may not ask about or test for other red flag symptoms such as loss of sensation in the saddle area or difficulty urinating and therefore fail to realise the complexity – and urgency – of the patient’s condition
- Even where an emergency MRI is requested, there may be a delay due to lack of suitable equipment
- Once an MRI scan has been undertaken, there may be a misinterpretation of the results, leading to a delay in surgery
- There may be a failure to recognise the urgency of what the MRI scan is showing, such as a prolapsed disc causing compression of the cauda equina nerves
Diagnosis delays and Medical Negligence
Where a delay in the diagnosis of cauda equina syndrome is not considered to have affected the outcome for the patient, it is unlikely that the medical practitioners will be considered to have acted negligently.
Where there was an opportunity to diagnose the condition at an early stage and that opportunity was missed due to unacceptable misdiagnosis or delays in referral, the medical professionals involved may be considered to have provided a substandard level of care.
If the patient is then left with long-term significant symptoms, they may be able to make a claim for compensation.
If you feel your cauda equina symptoms were misdiagnosed, leading to a delay in treatment, contact us to discuss your situation.
We are a specialist medical negligence legal team with extensive experience of supporting cauda equina syndrome compensation claims.