How To Make Cauda Equina Syndrome Claims

Cauda equina syndrome (CES) is a condition that occurs when pressure compresses the nerves located at the base of the spinal cord. Without prompt and correct treatment, CES can have life-altering effects that can cause severe back pain and potentially result in paralysis. If the standard of care you received as a CES patient fell below minimum expected standards and caused you unnecessary harm, you may have grounds to start the cauda equina syndrome claims process.

Key Takeaways:

  • Cauda equina syndrome is relatively rare, affecting about 6 to 10 individuals per million.
  • If CES is left untreated, it could have significant long-term impacts, including permanent neurological damage, chronic pain, bladder and bowel incontinence.
  • The symptoms of CES can sometimes be mistaken for prolapsed spinal discs and pinched nerves.
  • CES negligence can occur due to surgical errors, as well as healthcare providers failing to make referrals or dismissing clear ‘red flag’ symptoms.

At Medical Negligence Solicitors UK Co, our advisors work around the clock to answer any queries you may have and provide a completely free consultation service. If your claim is strong, you could be connected with one of our No Win No Fee solicitors to start your medical negligence claim. Please get in touch with our team by:

A man holds his lower back, with spinal pain highlighted in red.

Frequently Asked Questions

  1. Can I Make A Cauda Equina Syndrome Claim?
  2. What Are The Most Common Examples Of Cauda Equina Syndrome Negligence?
  3. The Long-Term Impacts Of CES Being Left Untreated
  4. How Much CES Negligence Compensation Can I Get?
  5. Can My Cauda Equina Compensation Cover Financial Losses?
  6. How To Make Cauda Equina Syndrome Claims
  7. No Win No Fee Cauda Equina Syndrome Negligence Claims
  8. Frequently Asked Questions
  9. More Information

Can I Make A Cauda Equina Syndrome Claim?

Yes, you can make a cauda equina syndrome claim provided that you are able to show that a healthcare professional provided substandard care and caused you unnecessary harm. This involves establishing that:

  • You were owed a duty of care
  • This duty was breached
  • You resultingly suffered avoidable harm

Every healthcare professional owes their patients a duty of care, as do hospitals and other facilities. This involves providing a standard of care that meets the minimum expected standard; for example, the General Medical Council outlines the standards that doctors and other healthcare professionals must abide by.

For instance, a doctor may breach their duty of care to you if they ignore several CES red flags that you present with. If that then causes you unnecessary pain and suffering, there may be grounds to pursue compensation. However, it’s important to keep in mind that not all harm is avoidable or will be cause for a valid claim. 

To learn more about what might constitute medical negligence, please contact one of our friendly advisors today.

What Are The Most Common Examples Of Cauda Equina Syndrome Negligence?

Some of the most common examples of cauda equina syndrome negligence can include surgical errors, as well as medical professionals failing to make appropriate referrals or ignoring clear signs of CES. As such, please see the following examples of when a valid claim might arise: 

  • A doctor may misdiagnose a patient with fibromyalgia rather than CES. Consequently, the patient could experience worsening symptoms, chronic pain and unnecessary organ damage to the bowels. Moreover, the patient could experience a delayed diagnosis of CES, requiring aggressive treatment due to the worsened condition.
  • A GP could carry out an inadequate examination of a patient, failing to refer them for further testing due to their symptoms. This would delay a diagnosis of CES and allow the condition to worsen, leaving the patient with permanent bladder and bowel incontinence.
  • A surgeon might make an error during a lumbar decompression surgery, which is typically performed to relieve nerve compression. For instance, a surgical team may perform wrong-site surgery, causing unnecessary damage to the patient’s cauda equina nerves. This would leave the patient paralysed and suffering from PTSD.
  • A patient could suffer birth injuries due to a midwife using excessive force when delivering a baby with forceps. As such, the patient could suffer compression of the cauda equina nerves, leading to CES. 

Please note that the above list is not exhaustive, and CES negligence can occur in many different medical situations. For an in-depth, tailored assessment of your own experience, please contact one of our helpful advisors today.

A man in a white t-shirt sits up in bed holding his lower back due to pain caused by cauda equina symptoms.

The Long-Term Impacts Of CES Being Left Untreated

If CES is left untreated, the long-term impacts can range from chronic pain to permanent neurological damage and even paralysis. Moreover, the longer a condition is left untreated, the worse the outcome may be for an individual’s health and overall quality of life.

Untreated CES may also have significant financial consequences, particularly if the condition requires home adaptations or affects a person’s ability to work and care for themselves. Some other long-term impacts include:

  • Chronic pain
  • Fatigue
  • Sexual dysfunction
  • Bladder and bowel incontinence
  • Severe psychological harm, such as PTSD, anxiety, and depression

To get started with the cauda equina syndrome claims process today, please contact our advisory team.

How Much CES Negligence Compensation Can I Get?

If you’re successfully awarded a payout, how much CES negligence compensation you can get will depend on specific factors relating to your pain and suffering. This harm is covered by general damages, which will also consider how your quality of life has been affected.

Your solicitor will calculate general damages by assessing your medical report and the Judicial College Guidelines (JCG). This text is commonly used by legal professionals, as it contains compensation guidelines for various types of harm.

Please see the table below that contains some JCG brackets. Please note that the first entry has not been taken from the JCG, while the other brackets are purely suggestive and do not guarantee how much compensation you might receive.

HarmSeverityNotesGuideline Compensation
Multiple types of severe harm with financial losses SevereFinancial impact may include private medical treatments and lost income.Up to £1,000,000+
ParalysisParaplegiaCompensation will consider factors such as extent of pain and depression.£267,340 to £346,890
Severe (i)Nerve root/spinal cord damage, with presence of severe pain and disability.£111,150 to £196,450
Severe (ii)Bracket includes issues like impaired mobility, sensation loss, and unsightly scarring.£90,510 to £107,910
Severe (iii)Cases include disc lesions or soft tissue damage, causing chronic conditions and unemployability.£47,320 to £85,100
Moderate (i)May include lumbar vertebrae compression fractures with constant pain and discomfort.£33,880 to £47,320
Moderate (ii)Covers muscle and ligament disturbances that exacerbate or accelerate pre-existing conditions.£15,260 to £33,880
BladderDouble IncontinenceNatural function of bladder and bowels will be totally lost.Up to £224,790
Complete Loss of FunctionBladder control will also be lost.Up to £171,680
BowelComplete loss of natural function (b)There will also be dependence on a colostomy.Up to £183,190
Faecal urgency and passive incontinence (c)This will persist following surgery, leading to embarrassment.In the region of £97,530

For a more personalised discussion on compensation, please contact our friendly team today for a free case check.

Can My Cauda Equina Compensation Cover Financial Losses?

Yes, your cauda equina compensation can cover any financial losses incurred due to the unnecessary harm you suffered. For instance, you may have paid for physiotherapy or counselling.

As such, please see the following special damages that can be included in cauda equina syndrome claims:

  • Loss of earnings, including current and future income
  • Travel expenses, such as paying for fuel or public transport, getting to and from medical appointments
  • Home modifications, ranging from chairlifts and hoists to new doors to accommodate a wheelchair
  • Medical expenses for private medical treatments, occupational therapy, and prescriptions
  • Child or elderly care costs, or the expense of hiring professional support to assist with daily tasks.

To claim for any loss, you’ll need supportive evidence. This might include receipts, bank statements, invoices, and payslips. 

To learn more about special damages, please feel free to contact our helpful team today.

Two surgeons perform an operation on a patient using forceps

How To Make Cauda Equina Syndrome Claims?

To make successful cauda equina syndrome compensation claims, it’s essential to gather evidence that shows how substandard care led to unnecessary harm. This evidence will not only establish the validity of a claim, but also provide insight into the standard of care you received and how your health was adversely and avoidably impacted.

If you’re connected with one of our specialist No Win No Fee solicitors, you’ll get help with obtaining proof for your claim. This evidence might include:

  • Your medical records, detailing the harm you suffered, together with copies of X-rays, scans, and test results
  • Correspondence between you and the institution where you received the negligent treatment
  • Contact details of potential witnesses who could support your version of events at a later date
  • A daily symptoms diary that details the level of harm you experienced
  • Photographs of any visual signs of harm

Alongside this evidence, you’ll need to make sure that you file your claim within 3 years of the medical negligence occurring or the date that you became aware of it. However, as per the Limitation Act 1980, this 3-year time limit doesn’t apply to individuals who are either too young (under age) or mentally incapacitated to claim for themselves.

Nevertheless, both exempted groups can seek compensation while time limits are paused if an eligible adult represents them as a litigation friend. If no such claim is made on their behalf, then time limits will apply only from the date an individual turns 18 or recovers their mental capacity. Our guide to medical negligence claims time limits provides more details on this and the limitation period more broadly.

You can also find out more about time limits by reaching out to our friendly team today.

No Win No Fee Cauda Equina Syndrome Negligence Claims

Our helpful team of advisors are available 24 hours a day, days a week to help you get started with the No Win No Fee cauda equina syndrome negligence claims process. If your case is strong, you could be connected with one of our expert medical negligence solicitors. 

We believe all our clients matter, and that commitment is at the heart of how our solicitors approach every medical negligence claim. Our solicitors don’t just prioritise the health and well-being of clients; they actively work to make the process of claiming as smooth an experience as possible. This not only involves building a supportive environment throughout the claims process, but also providing services like the following:

  • Keeping you updated so you always know where it stands
  • Providing straightforward advice that strictly adheres to the rules of confidentiality
  • Explaining key terms and helping file legal paperwork
  • Gathering, reviewing, and assessing evidence to build the strongest case possible
  • Negotiating a settlement that best reflects the pain and suffering you endured

As part of their client-focused commitment, our solicitors work under the terms of a Conditional Fee Agreement (CFA). This means they won’t charge you any service fees for their work at the start of your claim, as it progresses, or if you lose. 

If your claim wins, your solicitor will receive a small percentage of your compensation as a success fee. However, you’ll keep the largest share of the compensation, as the percentage success fee is legally capped.

Contact Our Medical Negligence Solicitors

To learn more about cauda equina syndrome claims and potentially be connected with one of our expert medical negligence solicitors, please contact us today by:

A solicitor explains the cauda equina syndrome claims process to a client

Frequently Asked Questions

To learn more about cauda equina syndrome claims, check out our answers to several frequently asked questions below:

What Are The Symptoms Of CES?

Depending on the severity, the symptoms of CES include:

  • Severe lower back pain
  • Pain or weakness in one or both legs
  • Numbness or an altered sensation in the thighs, buttocks or genitals
  • Bowel and bladder dysfunction

How Should CES Be Diagnosed?

Firstly, CES should be diagnosed by a healthcare professional who physically examines a patient for symptoms of the conditions. If the patient fits the criteria, they should be referred to receive an MRI scan of the lumbar spine to confirm any nerve compression. A bladder scan or CT scan may also be carried out to confirm any damage.

What Treatment Options Are Available For CES?

Once the condition is confirmed, the main treatment option available is surgery to decompress the nerves to prevent paralysis. Other treatments often involve pain management with medications, physical therapy, and, in some cases, the use of a catheter for bladder function.

More Information

To learn more about medical negligence claims, consider reading the following guides:

Additional external resources:

Thank you for taking the time to read our helpful guide about cauda equina syndrome claims.