If your cauda equina syndrome was negligently handled by medical professionals, you may be able to pursue a medical negligence claim.
This involves taking legal action against any clinician or organisation who failed to offer a reasonable standard of care, causing you to suffer harm. This often includes GPs, hospitals and other professionals such as physiotherapists.
Claiming against one or more GPs
Someone with cauda equina syndrome will often visit their GP on at least one occasion. In some cases a patient will visit one or more GPs multiple times.
If there are red flag symptoms or signs that suggest the possibility of cauda equina syndrome, the reasonable action at this point is an urgent (same-day) referral to hospital. The referral should specifically be to the specialist on-call orthopaedic or neurosurgical team.
If this does not occur, the actions of the GP will be below the standard of a body of reasonably competent GPs, amounting to a breach in the duty of care.
Claiming against one or more hospitals
Someone with cauda equina syndrome may present to hospital after a GP referral, or go straight to A&E due to the severity of their symptoms (or sometimes both).
If a patient presents to A&E, a neurological assessment should be undertaken and the patient sent to the orthopaedic/neurosurgical ward. Once there, the patient should have another assessment, be asked about the history of their symptoms and sent for an urgent MRI scan.
If the patient is not properly assessed and an MRI scan swiftly arranged, the conduct of the A&E department/orthopaedic or neurosurgical department will be below the expected standard. This will amount to a breach of duty.
Furthermore, the radiology department must accurately assess the results of the scan. The urgency of the situation mandates a same-day review. The results must then be communicated to the surgical team. A failure to take such action will amount to a substandard level of medical care.
Finally, the surgical team must undertake the operation on an emergency basis. A competent level of surgical skill must be displayed. If the procedure is delayed by the surgical team or is poorly performed, the care will fall below the standard body of a reasonably competent surgeon.
Other claims
It is not just GPs and hospitals who may be sued during the course of a cauda equina claim. People with the condition often see a host of medical practitioners before finally being diagnosed and treated. This can include other healthcare professionals such as physiotherapists and paramedics.
Contact us today
You are perfectly entitled to sue more than one clinician or organisation for the negligence you encountered. For more information, contact our cauda equina solicitors today.