Cauda Equina Syndrome is often life changing and can affect any person, irrespective of their physical ability. The amount of compensation a person might receive following medical negligence can vary, depending on their ability before the diagnosis.
Please note that not every patient that suffers Cauda Equina Syndrome will necessarily be entitled to compensation. A claim is only possible in the event of a healthcare professional providing substandard treatment that directly causes harm that would have not occurred had it not been for the substandard treatment.
The most important action that needs to be taken, if a patient is presenting with any of the red flag signs and symptoms, is an urgent referral for an MRI scan in order to rule out a diagnosis of Cauda Equina Syndrome.
To ensure the best prognosis, CES patients should receive surgery within 48 hours of the onset of their symptoms. Any delay or misdiagnosis will almost certainly mean the lasting effects of the condition will be worse than those whose condition is acted upon quickly.
Due to the ongoing problems that can occur for CES patients, medical negligence claims can often me a complex and lengthy process. A claim will need the reports and opinions of a variety of medical and non-medical experts.
There are two principal elements to making a claim for damages in medical negligence. Firstly there are “general damages” which are awarded to compensate for pain, suffering and any loss of amenity that were caused by the negligent treatment.
The second element consists of any past and/or future losses and expenses that were caused by the negligent treatment. This can vary significantly, depending on a patient’s situation before and after the CES diagnosis.
An example of this would be if a person is in full time employment before they are diagnosed with CES, then depending on the type of work and whether or not it is possible for them to continue in their role (without any loss of earnings), this would affect the claim for future losses.
Other examples include the cost of future care, travel and accommodation, aids and equipment, ongoing costs of treatment and any loss of pension.
Do not delay – contact us now to see if you have a potential medical negligence claim.
Lauren Hebdon is a specialist medical negligence solicitor at Bridge McFarland LLP, dealing with cases relating to the delayed diagnosis or treatment of Cauda Equina Syndrome on a daily basis.