Cauda Equina Syndrome - Delayed Diagnosis

A delay in diagnosing cauda equina syndrome (CES) can result in permanent disability. If you feel that you did not receive prompt, correct medical treatment for cauda equina syndrome and this caused you to suffer harm, you may be entitled to pursue a medical negligence claim.

Contact The Legal Line on 0800 0328511, or by completing a claim enquiry form online, for advice about making a compensation claim from our expert personal injury lawyers.

Cauda Equina Syndrome
Causes of Cauda Equina Syndrome
Misdiagnosis of Cauda Equina Syndrome
Making a Clinical Negligence Claim
Clinical Negligence Compensation
Our Specialist Clinical Negligence Lawyers

Cauda Equina Syndrome

The cauda equina is a group of nerve roots at the lower end of the spinal cord, so named because they have a similar appearance to a horses tail.

Cauda equina syndrome (CES) is a serious neurological condition affecting this group of spinal nerves, when the spinal canal is narrowed and they become compressed. It is considered a form of spinal cord injury and requires emergency surgical treatment, as the longer the condition is left untreated, the less chance the patient has of making a good recovery.

Delays in treating cauda equina syndrome, or a misdiagnosis of cauda equina syndrome, can result in a permanent loss of bowel and bladder control and paralysis of the legs.

Some of the symptoms of CES include: lower back pain, pain in one or both legs, loss of sensation in the lower extremities, leg weakness, difficulty urinating, sexual dysfunction, abnormal reflexes in the legs, loss of sensation in the saddle area and constipation or altered bowel function. If you believe that you may be suffering from cauda equina syndrome it is essential to seek medical attention as a matter of urgency.

[Back to Top]

Causes of Cauda Equina Syndrome

There are several causes of cauda equina syndrome, including:

• Prolapsed disc (this is the most common cause).
• Trauma, for example from a spinal fracture or penetrating wound.
• Damage during a medical procedure such as a lumbar puncture, epidural or spinal surgery.
• Narrowing of the spinal canal, caused by degenerative diseases like osteoarthritis or inflammatory conditions of the spine.
• Tumours, where a spinal tumour grows and compresses the nerves.
• Infection.

[Back to Top]

Misdiagnosis of Cauda Equina Syndrome

If cauda equina syndrome is suspected, this should be treated as a medical emergency and, in most cases, urgent surgery to decompress the nerves should be carried out as soon as possible to prevent permanent neurological damage. Other treatments that may also be necessary include antibiotics if infection is present, or anti-inflammatory medications and steroids to reduce swelling in the area.

An MRI or CT scan can usually be used to diagnose CES if the patient’s symptoms and history suggest they may be suffering from the condition. With prompt treatment (many experts suggest this means treatment within 24-48 hours) it may be possible for the patient to make a full recovery or recover well enough that they are left with only mild to moderate residual problems.

A late diagnosis or misdiagnosis of cauda equina syndrome can cause serious injury to the patient. Delays in treatment will usually mean that there is permanent damage to the nerves and this can result in significant disability, with effects such as chronic pain, loss of bowel and bladder control, partial or total paralysis of the legs, loss of sensation in the legs and feet and sexual dysfunction. It may be necessary for an affected individual to use a wheelchair, they may have to self-catheterise to enable urination and adaptations to their home may be required to help with day-to-day tasks.

[Back to Top]

Making a Clinical Negligence Claim

In a clinical negligence claim it is important to show not only that there has there been negligence on the part of the medical practitioner involved, but also that this has caused some form of personal injury to the patient.

It is also necessary to prove that no reasonable practitioner would have acted in the same way under the circumstances and that the outcome would have been different had the correct treatment been administered.

You may wish to make a complaint to the hospital or practice initially, to ensure that the matter is noted and looked into. This may prompt an explanation, or perhaps even a change in procedure to try and prevent future occurrences, however it is unlikely to result in an offer of compensation.

It is therefore important to seek advice from a specialist medical negligence lawyer, who can examine the facts of your case, collate the necessary evidence and advise you on the best way to proceed.

You must remember that time limits apply and court proceedings have to be commenced within three years of the harm done or the date when you could reasonably have found out that things had gone wrong

[Back to Top]

Clinical Negligence Compensation

There are two elements to a compensation award. The first, general damages, is for the pain and suffering you may have gone through and any loss of amenity (e.g. an inability to go shopping, drive, do housework etc.). The award for loss of amenity can be for a short period after the delayed diagnosis of cauda equina syndrome or for ever if that is what the medical evidence supports.

The second element of a compensation award, for your losses and expenses, is known as special damages and aims to put you back in a position financially as if the medical incident had never occurred. It is important to keep receipts for any expenditure you have related to your injury so that these can be reclaimed.

In serious cases, where a person may no longer be able to continue their employment, this can be taken into account. Costs for care, equipment, transport and housing modifications can also be factored into the calculations. If the person is still able to work but not in the same role as before, particularly if they held a public service role such as a doctor or police officer, an extra amount may be awarded for loss of ‘congenial employment’. A court can also make a financial award to recognise that an injured worker's prospects on the open labour market may be limited.

An award in a clinical negligence case is based on the negligent treatment effects that you would not have had if the treatment had been a success. In addition there will be information available on previous awards in similar cases. Very often, clinical negligence cases are settled out of court.

[Back to Top]

Our Specialist Clinical Negligence Lawyers

The Legal Line's lawyers, Thompsons Solicitors, have extensive experience in recovering compensation for the victims of clinical negligence.

We have successfully represented a number of people who have suffered injury as the result of a delayed diagnosis of cauda equina syndrome and can offer expert claim advice on all areas of the claims process, and provide the assistance and guidance that you need.

[Back to Top]