This is your complete guide to cauda equina compensation payouts where medical negligence has occurred. If poor medical care has resulted in you (or a loved one) losing the opportunity to make a full recovery from cauda equina syndrome, then cauda equina compensation can be claimed. If you believe you have a claim, please don’t hesitate to get in touch with our specialist medical negligence solicitors - we provide free, no-obligation legal advice.
What is cauda equina syndrome?
Cauda equina syndrome is a spinal condition where the cauda equina nerves at the base of the spine become compressed. In the UK, about 400 to 600 patients are diagnosed every year. If you have cauda equina syndrome, you will need very urgent surgery to relieve the pressure. You should be treated as a patient with a medical emergency, and delays can lead to permanent and life-changing injuries, including issues with mobility, continence, and sexual function. This can have life-changing and financially devastating effects on the patient and their family.
If your cauda equina syndrome is misdiagnosed or diagnosed too late, you may be eligible to make a cauda equina claim. If you make a successful claim, you will likely receive a large sum of compensation.
How much compensation can I get for cauda equina syndrome?
General Damages (pain, injury, and loss of amenity)
To calculate cauda equina syndrome compensation, general damages for injuries must be considered. In the UK, general damages cover compensation for pain and suffering. In other countries, compensation is awarded to punish the wrong-doer, called punitive damages. This is why there are such high figures for compensation in the United States. However, in the UK, punitive damages are not awarded.
In the UK, an official body, called the Judicial College sets out a range of awards or brackets for general damages. Where there are multiple injuries the Court may make an adjustment to the compilation of individual figures. The adjustment may be greater than the sum of parts to reflect the combined effect of all the injuries on an injured person’s quality of life or may be smaller to avoid double counting where there are overlapping injuries.
The following Judicial College Guidelines from the 16th edition may be relevant in valuing injuries caused by cauda equina compression: -
Where cauda equina compression results in foot drop the range of awards at JC Guidelines 7 (N) foot injuries brackets (d) or (e) may be relevant:
| Claim Type | Compensation Value |
|
(d) Severe Fractures of both heels or feet with a substantial restriction on mobility or considerable and permanent pain. Severe injury to a single foot. Includes injuries that result in extensive surgery, heel fusion, osteoporosis, ulceration or other disability preventing the wearing of ordinary shoes. It will apply in the case of a drop foot deformity corrected by a brace. |
£41,970 – £70,030 |
|
(e) Serious Less severe injuries than above leading to continuing pain from traumatic arthritis or the risk of future arthritis, prolonged treatment and the risk of fusion surgery. |
£41,970 – £70,030 |
Where there is neuropathic pain in the leg(s) the range of awards at JC Guidelines 7 (J) (c) leg injuries may be relevant:
| Claim Type | Compensation Value |
|
(c) Less Serious Leg Injuries (i) Fractures from which an incomplete recovery is made or serious soft tissue injuries. You will have made a reasonable recovery but will be left with a metal implant and/or defective gait, a limp, impaired mobility, sensory loss, discomfort or an exacerbation of a pre-existing disability. Serious soft tissue injuries to one or both legs causing significant cosmetic deficit, functional restriction and/or some nerve damage in the lower limbs. |
£17,960 – £27,760 |
Where there is injury to the bladder the range of awards at JC Guidelines 6 (J) (a) – (d) may be relevant:
| Claim Type | Compensation Value |
| (a) Double incontinence involving total loss of natural bowel and urinary function and control, together with other medical complications. | Up to £184,200 |
| (b) Complete loss of function and control. | Up to £140,660 |
| (c) Serious impairment of control with some pain and incontinence. | £63,980 - £79,930 |
| (d) Where there is almost a complete recovery but some fairly long-term interference with natural function. | £23,410 - £31,310 |
Where there is injury to the bowel the range of awards at JC Guidelines 6 (I) (a) – (e) may be relevant:
| Claim Type | Compensation Value |
| (a) Where there is double incontinence involving total loss of natural bowel and urinary function and control, together with other medical complications. | Up to £184,200 |
| (b) Total loss of natural function and dependence on colostomy, depending on age. | Up to £150,110 |
| (c) Faecal urgency and passive incontinence persisting after surgery and causing embarrassment and distress. | In the region of £79,920 |
| (d) Severe abdominal injury causing impairment of function and often necessitating temporary colostomy (leaving disfiguring scars) and/or restriction on employment and on diet. | £44,590 - £69,730 |
| (e) Penetrating injuries causing some permanent damage but with an eventual return to natural function and control. | £12,590 - £24,480 |
If sexual function is affected the range of awards at JC Guidelines 6 (E)(b) or (c) may be relevant:
| Claim Type | Compensation Value |
|
(b) Total impotence and loss of sexual function and sterility in the case of a young person. The level of the award will depend on: age; whether person already has children; pain and/or scarring; hormonal effects; psychological reaction and the effect on social and domestic life. |
£114,900 - £148,320 |
| (c) Impotence or significant sexual dysfunction likely to be permanent, in the case of a person with children or who would not have had children in any event. | £43,010 - £88,750 |
There is usually psychiatric or psychological damage. If so, the range of awards at JC Guidelines 4(A)(a) - (d) may be relevant:
(A) Psychiatric Damage Generally
The factors to be taken into account in valuing claims of this nature are as follows:
- The injured person’s ability to cope with life, education, and work.
- The effect on the injured person’s relationships with family, friends, and those with whom he/she comes into contact with.
- The extent to which treatment would be successful.
- Future vulnerability.
- Prognosis.
- Whether medical help has been sought.
| Claim Type | Compensation Value |
|
(a) Severe You will have marked problems relating to factors (i) to (iv) above and the prognosis will be very poor. |
£54,830 - £115,730 |
|
(b) Moderately Severe Significant problems associated with factors (i) to (iv) above but the prognosis will be much more optimistic than in (a) above. The majority of awards are somewhere near the middle of the bracket. |
£19,070 - £54,830 |
|
(c) Moderate While there may have been problems associated with factors (i) to (iv) above there will have been marked improvement by trial and the prognosis will be good. |
£5,860 - £19,070 |
|
(d) Less Severe The level of the award will take into account the length of the period of disability and the extent to which daily activities and sleep were affected. |
£1,540 - £5,860 |
Cauda equina compression may be caused by prolapse of a disc in the lower back. The disc prolapse itself may not be due to negligence. In this scenario, damages cannot be claimed for back injury and pain; damages may only be claimed for cauda equina injury caused by delay in diagnosis of the disc prolapse as set out in the Guidelines above. However, where the spinal injury causing cauda equina compression is itself due to negligent treatment such as delay in diagnosis of a spinal tumour, damages may be claimed for the spinal injury as well as the resulting cauda equina syndrome.
The range of awards for spinal injury in the JC Guidelines 7 (B) that may be relevant is:
| Claim Type | Compensation Value |
|
(a) Severe (i) Severe injury with damage to the spinal cord and nerve roots. Severe pain and disability with combination of incomplete paralysis and significantly impaired bladder, bowel and sexual function. |
£91,090 - £160,980 |
| (ii) A back injury, with complications like nerve root damage and loss of sensation. There will also be impaired mobility, impaired bladder and bowel function, sexual difficulties and unsightly scarring. | £74,160 - £88,430 |
| (iii) Disc lesions/fractures of discs or of vertebral bodies or soft tissue injuries leading to long-term conditions where, despite treatment (usually involving surgery), disabilities remain such as continuing severe pain and discomfort, impaired agility, impaired sexual function, depression, personality change, alcoholism, unemployment, and the risk of arthritis. | £38,780 - £69,730 |
|
(b) Moderate (i) Where any disability you are left with is less severe than the bracket above. This covers a wide variety of injuries, including compression/crush fracture with a substantial risk of osteoarthritis and constant pain and discomfort, a traumatic spondylolisthesis with continuous pain and probability of requiring spinal fusion, a prolapsed intervertebral disc requiring surgery, or damage to an intervertebral disc with nerve root irritation and reduced mobility. |
£27,760 - £38,780 |
Additional awards for general damages for Cauda Equina
Other things can happen that also fall under the category of general damages. These are separate to pain and suffering above. For example:
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Compensation for the breakdown of a close relationship.
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Loss of enjoyment of a holiday.
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If you have lost a job you really liked, then you can claim for ‘loss of congenial employment’.
- Loss of earning capacity – if you are left at a disadvantage on the labour market as a result of your injuries, you can claim an award known as Smith v Manchester or Blamire representing between about 3 months and 5 years’ net earnings.
What financial compensation can I claim for Cauda Equina?
In addition to the value of your injuries, you can claim compensation to cover past financial loss and expected future losses. This is referred to as Special Losses. Such losses have to be reasonable and not too uncertain. These losses also need to be caused as a direct result of negligent medical care.
Examples of Special Losses for Cauda Equina:
- Loss of earnings: If you have been unable to work for a period of time or have had to give up work altogether, you can seek compensation for loss of earnings. For example, you may be unable to work due to loss of mobility, mental health, or continence issues.
- Care: Your family or friends will probably have gratuitously spent some time helping you. This could just be a past loss however you may still need ongoing care and support. If so, this can be costed on a commercial basis, enabling you to employ professional carers. In turn, family and friends can go back to being your family and friends, not carers. In serious injury cases, extensive packages of care are often put in place. The cost of help with childcare may be recovered as well as dog-walking and gardening if you are no longer able to do these activities.
- Nursing Care Managers and Buddy support: You may feel isolated as a result of the injury, particularly if you don’t know anybody else who has undergone a similar experience. You may also find it difficult to cope with putting into place a care package. If so, a Nursing Case Manager can be instructed to deal with all practical arrangements, such as interviewing, training, employing, and overseeing carers. A companion, known as a “Buddy”, can be employed to ease social isolation. A Buddy can regularly visit and support you for the future. Plus, they can help to plan activities and will also accompany you.
- Travel expenses: You can make a claim for any reasonable costs related to getting to and from medical appointments. This could include mileage, taxi costs, parking etc. However, you cannot claim for the cost of going to see your own medico-legal experts.
- Accommodation costs: Cauda equina syndrome injuries can often include loss of mobility, so you may need to pay for home adaptations or even move home as a result. For example, you may need to move into a single-storey property. These accommodation changes will need to be costed. An architect can be instructed to advise on costs, and there are ‘property finder’ experts who specialise in finding a new home to suit disabilities.
- Aids and equipment: You can seek compensation to cover any additional aids you need to make your new daily life easier. For example, this could include ramps, grip rails, toilet rail, wheelchairs, scooters, and disability vehicles.
- Therapy: This may include physiotherapy and psychological therapy.
- Orthotics: Loss of mobility, including issues with your ankles, feet, and legs, are all cauda equina syndrome injuries you may face. As a result, you may require specialist foot support. The cost of buying these items and the future replacement costs can be significant.
- Any other reasonable financial losses: Compensation can be given for anything else directly connected with the injury. For example, loss of pension, prescription certificates, medication expenses, automatic transmission motor vehicle, gym membership.
What is the average payout in compensation in the UK in relation to cauda equina claims?
Unfortunately, it’s impossible to know what the average payout is as there are so many variable factors that can influence the value of a cauda equina claim including the extent of avoidable injuries, cost of rehabilitation, whether you are able to return to work, whether you need to move to single storey accommodation or make adaptations to your home. For general damages, where the only injury is mild bladder incontinence with long term interference in function, general damages start at £23,410. At the other end of the scale, where there is double incontinence involving complete loss of bladder and bowel function, the value of damages may be up to £184,200 and with additional problems of sexual function, foot drop, and psychiatric injury, general damages may exceed £200,000.
Financial losses can be calculated on top with reference to documentary evidence such as pay slips, invoices, receipts and estimates,
A payout in a cauda equina claim may be very substantial. For instance, one of our successful cauda equina cases involved helping our client win £150,000 in damages for general damages, past financial losses, and future financial losses.
How can I pay for a claim for cauda equina compensation?
All reputable and specialist medical negligence solicitors offer ‘No Win, No Fee’ agreements. In short, this means you will only pay if your claim is successful, and in this case, any deductions are made directly from your compensation. If a solicitor asks you for money upfront, then they may not be specialists. We recommend speaking to a cauda equina negligence specialist who offer ‘No Win, No Fee’, like Medical Solicitors. We hope our cauda equina compensation payout guide helps you to better understand your claim and the different types of compensation you may be entitled to. If you feel that negligent medical treatment has left you with cauda equina syndrome injuries, please don’t hesitate to contact Medical Solicitors. Our specialist team is well-versed in cauda equina negligence claims and, if we believe we can take on your case, we will stand by your side throughout and work tirelessly to help you receive the compensation you deserve.
Additional Support Resources:
Understandably, you may need additional practical, emotional, or financial advice and support after cauda equina injuries. If you feel this is the case, please have a read of our Support after Cauda Equina guide, where we have listed many different sources of help.
