Cauda Equina Syndrome
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Can I make a medical negligence claim?

1/2/2019

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Cauda Equina Syndrome is a surgical emergency. Once a patient has been diagnosed with the condition, they should undergo surgery within 48 hours. If Cauda Equina Syndrome is not diagnosed or treated in a timely manner, patients can suffer devastating physical, psychological and financial consequences which may have otherwise been avoided.

If you feel let down by a health care professional, whether this is your GP, a hospital or private surgeon, you should consider taking legal advice regarding a medical negligence claim.

It is important to understand that you will have to speak about the substandard treatment you received and your resulting injuries and disabilities which you may find traumatic and upsetting. However, your case will be confidently handled by our team of solicitors who are sympathetic and knowledgeable about your situation.

It is important to understand that the only legal remedy available is compensation. We cannot discipline a healthcare professional, force a hospital or individual healthcare professional to change how they work or make a healthcare professional or organisation say sorry to you.

How long do I have to bring a medical negligence claim?

If you are an adult with mental capacity to bring a legal claim, you must do so within 3 years from when the alleged medical negligence occurred or when you first realised that you’d suffered injury.

In the case of young people aged under 18, the 3 year limit does not start to run until their 18th birthday. Put simply, they have until their 21st birthday to bring a legal claim. Normally, a parent or other person close to them can make a claim on their behalf until they attain the age of 18 when the person may want to continue the claim them self.

If the claim is for an individual who cannot manage their own affairs because of a mental disability, the strict 3 year time limit may not apply.  A spouse, parent or other person close to them can make a claim on their behalf but should do so as soon as possible on their behalf.
 
It is best to take legal advice as soon as possible as Cauda Equina Syndrome is a serious condition and a medical negligence claim may take sometime to investigate.

How do I pay for my legal costs?

If you are concerned that you do not have the funds to pursue a medical negligence claim do not worry.

Our specialist team can offer advice on a no-obligation basis. After having an initial consultation with you, our team will assess whether you may have a potential medical negligence claim.

If you then decide that you would like to proceed with a claim we have a range of funding options available including a No-Win, No-Fee Agreement supported, if appropriate, by legal expenses insurance.

Do not delay – contact us now to see if you have a potential medical negligence claim.

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Colin’s Story

29/8/2018

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Colin unfortunately suffered from Cauda Equina Syndrome on two occasions.

Colin woke early one morning with debilitating back and leg pain. Colin recognised the severity of the pain as being associated with Cauda Equina Syndrome, as he had been treated for the condition ten years before.
 
Colin had recovered from his previous Cauda Equina Syndrome although he had been left with some bladder symptoms. Colin therefore knew how important it was to obtain a quick diagnosis and undergo emergency surgery.
 
Colin attended his local Accident and Emergency department and informed staff that he was suffering with Cauda Equina Syndrome. 
 
Colin knew that he needed an MRI scan and surgery within 48 hours from the onset of his symptoms however, he was informed that MRI scanning would not be available over the weekend. Colin was reassured that the staff knew what they were doing and was told to ‘calm down’.
 
Colin did not undergo an MRI scan until 55 hours after the onset of his symptoms, by this time, it was too late and Colin was to be left with permanent disabilities.  
 
Once Colin underwent the MRI scan, he was immediately transferred for surgery at another hospital. The surgeon was experienced in treating Cauda Equina Syndrome and was surprised at the delay Colin experienced and drafted a letter to Colin’s local hospital, to highlight his concerns.
 
Colin underwent arduous rehabilitation for 10 weeks and made a complaint to his local hospital however, they responded to say that they were ‘not to blame’. Colin was annoyed and concerned at the hospital’s response.
 
Colin contacted Ian Sprakes, Head of the Clinical Negligence department at Bridge McFarland. Ian represented Colin to get the justice that he deserved. Colin received £1.32 million in compensation.
 
Colin was left with bowel and bladder problems, mobility difficulties, muscle wastage and chronic pain as a result of the delay in his diagnosis and treatment.
 
Colin felt that Bridge McFarland "dealt with my case fantastically. In fact, it couldn’t have been done any better”.
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    Editor

    Lauren Hebdon is a specialist medical negligence solicitor at Bridge McFarland, dealing with cases relating to the delayed diagnosis or treatment of Cauda Equina Syndrome on a daily basis.

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  • Home
    • About CES
    • About us
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  • Treatment for CES
  • Legal Advice
    • FAQs
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