Learn About Claiming Compensation For Cauda Equina In A Medical Negligence Claim

Cauda equina syndrome (CES) is a serious medical condition that can worsen and cause long-term damage if it is not treated correctly and quickly. If this condition is negligently missed or your diagnosis negligently delayed, it could permanently affect your mobility, ability to earn and your life in general. This guide will discuss when cauda equina compensation can be claimed.

We will discuss when you are able to sue for compensation, how this compensation is calculated and how an experienced medical negligence solicitor could help you with your case on a  No Win No Fee basis.

You can reach out to an advisor at any point as you read this guide:

A man holds their lower back which is graphically highlighted in red to indicate pain.

Key Takeaways On Cauda Equina Compensation

  • CES is a neurological condition that can affect mobility, bowel health, and sexual function.
  • If your treatment was delayed due to negligence, you could claim compensation.
  • The amount of compensation will depend on the severity of the harm suffered as well as claimable financial losses.
  • You usually have three years from when the negligence occurred (or from when you reasonably knew that it had).
  • Not every delay in treatment or diagnosis will be negligent
  • Our panel of expert medical negligence solicitors can help you on a No Win No Fee basis.

Browse Our Guide

How To Sue For Cauda Equina Compensation

You may be able to make a medical negligence claim if you can show:

  • A medical expert or professional owed you a duty of care.
  • They breached that duty.
  • In doing so, they caused you avoidable harm.

All medical professionals owe their patients an automatic duty of care when they offer advice or provide treatment. To meet this duty correctly (and avoid breaching it), medical professionals must provide the correct minimum accepted standard of care.

What this entails will be specific to each individual case, but there are red flag symptoms that could alert a medical professional to the presence of cauda equina syndrome. These are listed in the National Institue of Clinical Excellence (NICE) guidelines and include:

  • Bilateral sciatica (back pain travelling down the legs and potentially to the feet)
  • Sensory loss around the back passage or genitals
  • Gait disturbance or difficulty walking
  • Bilateral neurological deficit of the legs, such as motor weakness
  • Laxity of the anal sphincter
  • Difficulty urinating (including loss of sensation)

This list of red flags is not exhaustive. To meet the minimum standard of care, it could be the case that medical professionals need to ask about these symptoms. It may include performing tests that would reveal them and also listening to the patient, and taking an accurate medical history. It is also possible that test results or scans are not looked at properly or mixed up with those of another patient.

These are just some examples of how a duty to you could be breached, but not every misdiagnosis or delayed diagnosis will be negligent. The medical treatment or advice given must fall below the minimum standard of care to be considered negligent.

How Long Do I Have To Claim?

In general a claim for medical negligence should be brought within three years as set out in the Limitation Act 1980. There are some exceptions:

  • Children – The time limit does not start to run until they turn 18
  • Mental Capacity – The time limit does not start if someone lacks the mental capacity to bring a claim
  • Knowledge – You may not realise that medical negligence happened until some time after your treatment. It may be possible that the three years runs from when you knew, or reasonably could have known, that you suffered harm due to negligence.

What Are The Effects Of Cauda Equina Syndrome?

We talked about some of the red flag symptoms of CES earlier. If this condition is not treated correctly and quickly, you can be left with the following:

As the effects can be serious, it is important that the correct standard of care is given to you at a hospital or by your GP.

How Is It Treated?

Medical professionals may refer you for lumbar decompression surgery if it is needed. This is generally a medical emergency to avoid permanent nerve damage. This urgent surgery aims to reduce compression on the nerve bundle at the bottom of your spine. This is usually scheduled as quickly as possible so as to minimise any further nerve damage.

You can talk to our advisors about your medical negligence case, and see if you can be connected with one of our experienced solicitors.

A doctor in a white coat and blue gloves inspects a patient's lower back while they consult scans.

What Causes Cauda Equina Syndrome?

In theory, anything capable of compressing the bundle of nerves at the base of your spine over long periods may cause CES. This can include:

  • Slipped discs.
  • Narrowing of the spinal canal caused by ageing or certain conditions (also known as spinal stenosis).
  • Tumours or other growths on the spinal cord.
  • Swelling or obstructions caused by infection, fracture, or haemorrhage.
  • Surgical negligence affecting the lumbar spine.

This is not a complete list. If you received substandard medical care, then you could make a cauda equina compensation claim. You can call us for a free case assessment to see if you may be eligible

Cauda Equina Compensation – How Much Could You Receive?

There are two parts to a cauda equina compensation claim. They are general and special damages.

General damages compensate you for your pain and suffering, including any loss of life enjoyment or sexual function.

An important tool for working out general damages is the Judicial College Guidelines (JCG). These tables compare injuries against potential compensation amounts, although it should be stressed that they provide no guarantees. The JCG are strictly advisory.

Below are some examples. Please note that the top figure is included to demonstrate a case including significant financial losses. It is not from the JCG and may vary from many cauda equina settlements.

Body Part AffectedSeverityCompensation
Multiple Injuries plus Special DamagesVery SevereUp to £1,000,000 or more
ParalysisParaplegia£267,340 to £346,890
BackSevere (i)£111,150 to £196,450
Severe (ii)£90,510 to £107,910
Moderate (i)£33,880 to £47,320
BowelsDouble Incontinence (a)Up to £224,790
Total Loss of Natural Function (b)Up to £183,190
Faecal Urgency and Passive Incontinence (c)In the region of £97,530
BladderComplete Loss of FunctionUp to £171,680
Seriously Impaired Control£78,080 to £97,540

Special damages restore your financial losses after medical negligence.

To make them part of your compensation claim, you must provide evidence of the loss itself and the fact that it was a result of the CES. Here is a detailed example:

  • Your records show that your CES was not treated in time due to GP misdiagnosis. Medical evidence says you would not have needed a wheelchair had you been diagnosed correctly. With the relevant invoices, you may be able to claim the costs of installing a ramp and stairlift in your home.

With the right evidence, you could also make a cauda equina claim for:

  • Loss of earnings.
  • Future earning potential.
  • Care, domestic, and medical expenses, including occupational therapy.
  • Travel costs.
  • The cost of any other equipment you now rely on.
  • And more losses caused by medical negligence.

There’s no need to worry about collecting this material by yourself before you begin a cauda equina compensation claim. A member of our panel can gather evidence of any damages on your behalf. Talk to our advisors today to know more. Their details can be found at the start of this guide.

A solicitor sits at a polished wooden desk as they discuss cauda equina compensation with their client.

Could I Claim Cauda Equina Compensation On A No Win No Fee Basis?

You do not have to fight for cauda equina compensation alone.

Our panel of medical negligence solicitors are experts in their field and can support you with dedication, compassion, and years of experience bringing cases to a successful resolution. Here are just a few benefits to working with them:

  • Make a strong medical negligence case with the latest legal know-how.
  • Reduce the risk of missing out on compensation as they can add all losses to your claim.
  • Have experts gather your evidence on your behalf.
  • Reduce your own work so you can focus on your recovery.

They also offer their services on a No Win No Fee basis, which is a type of a Conditional Fee Agreement (CFA). With this type of agreement:

  • You do not have to pay upfront for solicitor fees before your case starts
  • There are no fees for services due to your solicitor as your case continues
  • If your cauda equina compensation claim is not successful, there is no fee for your solicitor’s services.
  • If (and only if) your case wins, there is a success fee due to your solicitor. This is a legally capped percentage of the compensation. You will keep the bulk of the damages.

If this sounds like something you would like to explore further, we can speak to you today. Our advisors are here to move you towards the possibility of medical negligence compensation today.

More Information On How To Sue For Medical Negligence

Please make use of the below links to further your understanding of medical negligence and spinal injuries.

More of your questions answered by ourselves:

Useful resources from around the Internet:

Thank you for reading our guide on cauda equina compensation and medical negligence.