A Guide To Cauda Equina Negligence Claims
We look at claiming for cauda equina negligence with the support of a specialist No Win No Fee solicitor.
£85 million in compensation
A Guide To Cauda Equina Negligence Claims
We look at claiming for cauda equina negligence with the support of a specialist No Win No Fee solicitor.
How Much Compensation For Cauda Equina Syndrome Claims?
When you suffer unnecessary harm due to medical negligence, it can cause you to feel isolated and worried. Cauda Equina Syndrome can have detrimental effects on your well-being, especially if you are not given the care and treatment that you need to recover. This syndrome requires emergency medical attention to prevent long-term impact, such as paralysis. Cauda Equina Syndrome claims can help eligible claimants reduce their financial stress and focus on their recovery.
You can read our guide to find out what Cauda Equina Syndrome is and the symptoms that may arise. Additionally, you can read our examples of valid medical negligence claims and the criteria that you need to meet in order to proceed. Furthermore, we explain when you may be able to claim on behalf of another person and examine how compensation is calculated. We also outline the evidence that you need to supply and the legal time limit that you must meet when making a claim.
Finally, we explain how our solicitors offer their services on a No Win No Fee basis. This is an excellent arrangement that allows them to offer legal representation without exorbitant solicitors’ fees. You can get in touch with one of our advisors at any time to find out whether you could be eligible to work with them.
- Call us on 0151 375 9916
- Complete our online contact form
What Is Cauda Equina Syndrome (CES)?
Cauda Equina Syndrome occurs when the nerves in the spine become severely and suddenly compressed. The sufferer will need to attend the hospital urgently and may need to have surgery. If left untreated, this syndrome can lead to more serious injuries, such as paralysis, if left untreated.
Who Is At Risk Of Suffering From CES?
Cauda Equina Syndrome often impacts people of working age. You may also be more susceptible if you already suffer from back problems or experience pain in your legs. Furthermore, people who are overweight may find themselves at further risk of suffering from Cauda Equina Syndrome.
If you have any questions about Cauda Equina Syndrome and the symptoms it can cause, our advisors are available to discuss the details of your condition. They can also assess whether you may have a valid compensation claim.
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What Are The Common Symptoms Of Cauda Equina?
You can experience several symptoms due to Cauda Equina Syndrome. These include:
- A feeling of weakness or numbness in you legs, around your genitals or your anus
- Sciatica impacting both sides of your body
- Finding it difficult to control your bowels or bladder
- Impaired sexual ability
- Neurological issues
- Reduced mobility
- Severe pain in the lower back
Get in touch with an advisor today to find out whether you could claim compensation for your condition and the symptoms you may have suffered from.
Examples Of Cauda Equina Syndrome Negligence Claims
Cauda Equina Syndrome Claims can arise from a variety of situations. Keep reading for some examples that may help with your understanding.
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Undiagnosed CES
Medical negligence may occur due to misdiagnosis. For example:
- You go to the hospital and tell the doctor about your symptoms (which are typical of Cauda Equina Syndrome). They misdiagnose you with severe back pain, meaning that you receive the wrong treatment
Delayed Treatment For CES
Your condition may worsen due to delayed treatment. This syndrome requires urgent care to increase the chances of recovery. Your condition may worsen if:
- A doctor fails to recognise your Cauda Equina Syndrome symptoms. Therefore, you do not receive the care that you urgently need. This causes you to suffer from paralysis and a psychological injury
Negligent Surgery Or Post-Op Care
Medical professionals must also meet the minimum standard of care when performing surgery and post-op care. Cauda Equina Syndrome Claims may arise if:
- Surgical negligence occurs during a traumatic birth. An epidural is administered incorrectly, causing the nerves to become compressed and giving rise to Cauda Equina Syndrome
- You have an operation to treat your Cauda Equina Syndrome. After the surgery, the medical staff failed to provide adequate care. As a result, you suffer from further complications, such as blood clots.
This list of examples is not exhaustive, so if your situation was not covered, you do not need to worry. Reach out to our team of advisors to discuss your case in specific detail. We provide a further explanation of the criteria that you need to meet in order to claim. However, you can also speak with an advisor to access a free case assessment.
Can I Make A Claim For Cauda Equina Syndrome?
Cauda Equina Syndrome Claims require you to meet the following criteria:
- A medical professional must have owed a duty of care to you
- They failed to treat you according to their duty
- This caused you to suffer from Cauda Equina Syndrome or led to a worsening of your symptoms and this harm was avoidable.
All medical professionals owe a duty of care to all patients that they treat. This means that they are required to meet a minimum standard of care.
If you are unsure whether you meet the criteria we have discussed, please do not hesitate to contact an advisor. They will confirm whether you have a valid claim and potentially connect you to one of our expert medical negligence solicitors.
What If My Loved One Has Suffered Cauda Equina Negligence?
If your family member or loved one is suffering from Cauda Equina Syndrome, you may be eligible to start a claim for them if they are unable to make decisions for a case themselves. This can apply to cases where the impacted person is:
- Below the age of 18
- Mentally incapacitated
Under such circumstances, you may be eligible to act as a litigation friend. This requires you to communicate with the solicitor and represent the best interests of the person who suffered from medical negligence. You can apply to be a litigation friend, or the court may appoint you.
To find out more information about how to act as a litigation friend. Get in touch with our advisory team. They can explain when you can make a claim on someone else’s behalf and how you can apply.
Compensation Amounts For Cauda Equina Syndrome Claims
In a successful medical negligence case, the compensation will include general damages. These cover the suffering and pain that you have experienced due to the unnecessary harm. This can apply to your current and future suffering.
When assessing general damages, legal experts may read the Judicial College Guidelines (JCG). These pair a range of injuries and their severities with guideline compensation brackets. We have included some figures from the JCG in the table below.
It is essential to note that the figures we have included provide no guarantee of the compensation that could be owed. You should simply view them as a guide. This is because your compensation will depend on the specific circumstances of your compensation claim.
However, you are welcome to speak with one of our advisors for a tailored case assessment. This is a free service that we offer to provide an estimate of what your compensation could cover. Our advisors are trained to answer questions that are relevant to your case and will give you a better idea of what to expect going forward.
The first figure we have included was not taken from the JCG.
Type of Injury Severity Compensation Bracket Notes
Multiple injuries with financial impact Severe Up to £1,000,000+ Multiple injuries and their associated costs (such as travel to and from medical appointments)
Paralysis Tetraplegia £396,140 to £493,000 The injured person will be completely aware of their disability and their life expectancy will be more than 25 years
Paraplegia £267,340 to £346,890 The compensation value depends on the extent to which the claimant suffers from depression and impaired sexual function
Shorter durations £60,210 Where death occurs due to unrelated reasons
Back Severe (i) £111,150 to £196,450 Nerve roots or spinal cord become damaged, causing impaired bodily functioning
Severe (ii) £90,510 to £107,910 Claimant will suffer from various symptoms, such as a loss of sensation and reduce mobility
Severe (iii) £47,320 to £85,100 The injury may involve a fractured disc, soft tissue injury or disc lesion. Despite surgical intervention, some disability will remain
Moderate (i) £33,880 to £47,320 This may apply to a case involving a crush or compression fracture
Moderate (ii) £33,880 to £47,320 The bracket covers more common injuries, such as disturbed muscles and ligaments
Can I Claim For Financial Losses Too?
You may also be eligible to claim special damages. These aim to help you recover the financial losses associated with the harm you suffered. Examples of the expenses that may be covered include:
- Medical expenses (including costs for psychiatric help)
- Travel to and from medical appointments
- The cost of adjustments made to your home (such as handrails)
- The cost of care required to help you live with your injuries
- A loss of income
Your ability to claim compensation for these factors depends on whether you can provide evidence. We detail this in the next section, but you can also contact an advisor to find out what evidence will benefit your specific case. This is also an opportunity to discuss the different types of damages and how they apply to your medical negligence claim as well as discuss what expenses can be recovered in cauda equina syndrome claims.
What Evidence Do I Need To Prove CES Negligence?
Cauda equina syndrome claims require you to provide evidence of your injuries and the negligent treatment that caused them. Your evidence may include:
- A copy of your medical records
- Receipts, invoices and bank slips that show financial impact
- Contact details of people who witnessed your negligent treatment
- Photographs of your injuries
- A diary of the symptoms you experienced
- Correspondence with the doctor or hospital where you were treated
You may also require a Bolam test to strengthen your case. This is where medical experts with the appropriate training assess your compensation claim and confirm whether they believe that medical negligence occurred. However, if this is necessary, your solicitor will arrange for this.
If you have any questions about the different pieces of evidence that you may need to provide, please do not hesitate to speak with an advisor. They can examine the details of your case and explain what evidence is appropriate.
How Long Do I Have To Make A CES Claim?
The time limit for most Cauda equina syndrome claims is generally 3 years from the date on which medical negligence occurs. The Limitation Act 1980 outlines this time period. This may also start from the date when you realised that medical negligence occurred, as it may not always be obvious at the time.
The time limit can also apply differently for cases involving a person who is under the age of 18 or mentally incapacitated. As we stated previously in this guide, a family member or loved one could be eligible to make a claim on their behalf as a litigation friend. Alternatively, the impacted person can start their only claim within 3 years of the date of their 18th birthday or the date on which mental capacity is recovered.
Can I Make A Claim On A No Win No Fee Basis?
You could be eligible to make a claim with one of our solicitors on a No Win No Fee basis. This means that, by signing a Conditional Fee Agreement (CFA), you do not need to pay fees for your solicitor’s work:
- Before the claim proceeds
- While the claim is underway
- If you do not receive medical negligence compensation
Therefore, this is a great way to gain legal representation without the worry of huge upfront costs. However, in the event that you are awarded compensation, you will be required to pay a success fee. This is the percentage of compensation that you owe to a solicitor for their work. There is no need to worry about this, as a legal cap is in place to guarantee that you keep most of the compensation yourself.
Contact Us
You can get in touch with our advisors free of charge. They will assess the eligibility of your claim and provide you with an estimate of what your compensation could cover. There is no obligation to work with JF Law after contacting us, so why not get in touch for straightforward answers that could help you decide whether to start a claim? You could be connected to an experienced solicitor who can represent your interests:
- Call us on 0151 375 9916
- Complete our online contact form
More Information
You can read our other medical negligence guides:
- Visit our guide on cancer misdiagnosis claims
- Find out about medication error claims
- Read about GP medical negligence
External resources
- Read the NHS information on lumbar decompression surgery
- Visit the NHS resolution panel for statistics on medical negligence claims
- Follow the government’s advice on how to claim Statutory Sick Pay (SSP)
Thank you for taking the time to read our guide on Cauda Equina Syndrome claims.
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