Cauda equina compensation can be claimed where you have suffered from a delayed diagnosis or delayed surgery due to Medical Negligence.
Do you have a compensation claim for negligent care or delayed diagnosis of Cauda Equina syndrome?
Speak to our friendly team free of charge about whether you should formally complain or claim for compensation. For details of our team click here.
You have nothing to lose by calling us. We will listen to your story and decide whether to recommend an investigation. If we do think your case needs to be investigated, then we always offer No Win, No Fee for all of our Clinical and Medical Negligence claims. No win, no fee is also known as Conditional Fee Agreements. So, our clients do not have to worry about how they can possibly afford to pay for an investigation and court costs.
Even if we cannot assist you with a claim, our friendly team always thinks ‘outside the box’ and will always try to recommend other services that may be helpful to you (such as social services and benefits advice).
When Cauda equina syndrome leads to permanent injuries it is highly distressing. Compensation cannot give you back your normal physical function. However, a sum of money can compensate you for losing wages, now and into the future. Also, you may need a lot of help and support from day to day, and compensation can account for that now and into the future. Cauda equina compensation is usually in large sums given the life-changing disabilities that delayed treatment of this condition causes.
What is Cauda Equina Syndrome?
Cauda Equina Syndrome is a rare condition when a group of nerves at the base of the spine (known as the ‘Cauda Equina’ – Latin for ‘horse’s tail’), that supply the lower parts of the body, become compressed. This is usually because of damage to the discs in the spine in the area of the Cauda Equina. The discs act as shock absorbers in the spine, but when they are damaged and spill out into the Cauda Equina, that bundle of nerves can become compressed.
What causes Cauda Equina Syndrome?
- Accident that crushes the spine (e.g. a car accident or fall)
- Penetrating injury (eg, a knife or gunshot wound)
- Complications of spinal anaesthesia
- Mass lesion (e.g., blood clot)
- Complications from cancer
- Side effect of medicine
What treatment is needed?
An estimated 400-600 patients are diagnosed with this condition every year in the UK. It is a medical emergency, needing urgent surgery to relieve the pressure. Otherwise, permanent and life-changing injuries can be suffered, as a patient may suffer from a foot drop, and also may lose function below the waist and can even be paralysed below the waist down. The impact on physical and sexual functioning can be very traumatic.
What injuries can Cauda Equina Syndrome cause?
Cauda Equina Syndrome can lead to loss of feeling, or tingling, in the genital area (in men perhaps the inability to have an erection). There can be mobility problems (difficulty walking or dragging feet, or weakness/loss of sensation or pain down one leg and particularly an ankle loss of function), as well as continence issues affecting the bowel and bladder (inability to urinate, or to hold in urine or stools). These problems can become permanent if surgery is not undertaken quickly enough. There is a period of up to 48 hours to treat the patient. The sooner surgery is done, within that time, the more chance there for better recovery.
Doctors should act quickly
There are symptoms that should alert a GP, or other care providers, to err on the side of caution, and to refer you to a hospital for urgent investigation. Cauda Equina Syndrome can often come on after a patient has been suffering from back pain for some time. A doctor should not assume that new symptoms are part and parcel of a less serious minor health condition. A doctor should be concerned if a patient is complaining of loss of sensation in the genitals, around the anus, numb buttocks, bowel or bladder problems, loss of sensation in the lower limbs (that can also be accompanied by shooting pains) and particularly loss of ankle movement.
If a patient is quickly diagnosed and promptly receives surgery, then a full recovery is possible. However, a delay can lead to permanent disabilities that can have life-changing and financially devastating effects on the patient and their family. A patient may find they can no longer walk normally and have to use a stick or other aids. They may become permanently incontinent and lose sexual function.
How are cauda equina payouts calculated?
‘General Damages’ i.e. What is the value of a back injury?
In other countries, punitive damages are awarded and this is why we see such high award of damages in the United States. However, in the UK, punitive damages are not awarded. The Judicial College sets out brackets for the value of particular types of injuries. There are a wide range of figures, examples below are taken from the 14th edition of the Judicial College Guidelines.
£79,890-£141,150. Most severe injury, involving damage to the spinal cord and nerve roots, leading to a combination of very serious consequences not normally found in cases of back injury. There will be severe pain and disability with a combination of incomplete paralysis and significantly impaired bladder, bowel and sexual function.
£65,030-£77,540. Cases which have special features of back injury, such as nerve root damage with associated loss of sensation, impaired mobility, impaired bladder and bowel function, sexual difficulties and unsightly scarring.
£34,000-£61,140. Cases of disc lesions or fractures of discs or of the vertebral bodies or soft tissue injuries leading to chronic conditions where, despite treatment (usually involving surgery), there remain disabilities such as continuing severe pain and discomfort, impaired agility, impaired sexual function, depression, personality change, alcoholism, unemployment and the risk of arthritis.
£24,340-£34,000. Cases where any residual disability is of less severity than in the examples above. This covers a wide variety of injuries, including the risk of osteoarthritis and constant pain and discomfort. Spinal fusion may be deemed necessary. Nerve root irritation and reduced mobility.
£10,000-£24,340 for disturbance of ligaments and muscles giving rise to backache, soft tissue injuries, resulting in acceleration and/or exacerbation of pre-existing back condition, usually by five years or more, the necessity for laminectomy or involving repeated relapses. The precise figure will depend upon the severity of the original injury, the degree of pain experienced, the extent of any treatment required in the past and future, the impact of the symptoms on the injured person’s ability to function day-to-day and engaging in social/recreational activities and the prognosis for the future.
£2150-£10,970. Three remaining brackets for more minor injuries, such as where a full recovery takes place without surgery within about 2 to 5 years and, at the lesser end of the brackets, where a full recovery is made within three months.
There can be other consequential injuries that fall under the category of “general damages” above but are not included in the brackets mentioned above.and are separate heads of claim. For example:
- compensation for breakdown of a relationship.
- compensation for loss of enjoyment of a holiday.
‘Special Losses’ i.e. What can I claim for past, current and future financial losses?
In addition to the value of your actual injury, you are entitled to claim any financial loss, past, current and future that is not merely speculative and can be shown to have arisen as a direct result of substandard care and consequential injuries. For example, such losses can include the following: –
- Loss of income if you have been unable to work for a period of time, or have had to give up work altogether. Alternatively, a partner may have had to give up work to care for you.
- Care provided gratuitously by your family or friends. This may be an ongoing requirement and a nursing expert can be instructed if so, to look at the ongoing cost of that and also to cost out future provision for such care to be provided on a private basis by professional carers, to allow a loved one or friend to get back to their normal day-to-day life.
- If a claimant finds themselves isolated as a result of their injury, and would find it difficult to manage the provision of future carers, then a Nursing Case Manager can be appointed to plan for a claimant’s needs, interview, train and to employ and oversee carers required. A companion, known as a “buddy” can be employed to ease social isolation. The Buddy can regularly visit and support the claimant in the future, help them plan activities they will enjoy and take them out on those activities.
- Travel expenses to and from medical appointments.
- Accommodation costs, if you had to adapt your home in any way or even if you had to move to single-storey accommodation or have a requirement to move to single-storey accommodation. In such cases, an architect might be instructed to advise on costs. Also, if a claimant needs help to find an appropriate property, there are also experts we can instruct who specialise in finding suitable property to suit those with disabilities.
- Aids and equipment around the home such as ramps, grip rails, toilet rail, wheelchairs, scooters et cetera
- Orthotics- if mobility has been adversely affected and special footwear or spinal corsets can be shown to be of benefit. The purchase of such items and the future replacement costs can be significant.
- Any other reasonable financial losses. Such losses may at first seem somewhat speculative, but if a court is satisfied there is a reasonable need, then compensation can be given for such things as surrogacy costs (if the medical negligence has left a claimant with infertility issues).