Cauda Equina Syndrome Claims

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Cauda Equina Syndrome (CES) Claims

For finding answers and getting justice

(CES) is a serious condition that requires urgent investigation and treatment. When symptoms aren't recognised or acted on quickly enough, delays in diagnosis, referral, scanning or treatment can have life-changing consequences.

If you have been left with ongoing problems after and are concerned that delays or mistakes in your medical care made your condition worse, our specialist medical negligence solicitors can help you understand what happened and whether you may have a claim.

We understand that the effects of can go far beyond the initial injury, affecting mobility, bladder and bowel function, sexual function, independence and your ability to work. While compensation cannot undo what has happened, a successful claim can help provide access to rehabilitation, treatment, care, equipment and other practical support, as well as financial security for the future.

To speak to one of our specialist medical negligence solicitors about your situation in confidence, call us for free on 0800 9956 068 , or contact us through the website.

If you’re concerned that delays or mistakes in your medical care made your cauda equina syndrome worse, talk to our specialist team. We can listen to what happened, answer your questions and help you understand whether you may have a claim. Call us today on 0800 9956 068, or get in touch via our form.

Our cauda equina syndrome specialists

A photo of Chris Greswell-Green
Chris Gresswell-GreenDirector and Solicitor
headshot profile picture of Suzanne
Suzanne MunroeDirector and Solicitor
Clare Thompson profile headshot
Clare ThompsonDirector and Solicitor
Photo of David Thomas
David ThomasDirector and Chartered Legal Executive
Photo of Kate Gelder
Kate GelderSenior Associate Solicitor
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What Switalskis offers during your claim

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Starting your cauda equina syndrome claim

If you’re concerned that delays or mistakes in your medical care made your worse, the first step is to talk to one of our specialist medical negligence solicitors.

We’ll listen to what happened, discuss the care you received and help you understand whether you may have a claim. If we believe there are grounds to investigate further, we’ll explain the next steps clearly and talk you through the funding options available to you.

We’ll then begin gathering the evidence needed to investigate your claim. This may include obtaining your medical records, taking a detailed account of what happened and working with independent medical experts to understand whether the care you received fell below an acceptable standard and, importantly, whether this affected your outcome.

We’ll also take the time to understand how has affected your day-to-day life and what support you may need now and in the future. Where appropriate, we’ll seek compensation to help with needs such as rehabilitation, treatment, care, specialist equipment, home adaptations and loss of earnings.

Many claims can be funded through a no win, no fee agreement. We’ll explain how this works, including any potential costs, before you decide whether you want to go ahead.

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Read what our clients had to say about the help they received from Switalskis

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Is there a time limit on making a cauda equina syndrome claim?

Time limits play a vital role when considering a claim. The general rule in the UK for medical negligence claims is that you have three years from the date that the negligence occurred to make the claim. However, because treatments and medical negligence can be complex, you will often have three years from the 'date of knowledge' to start a claim instead.

The 'date of knowledge' isn't necessarily the date the negligence happened, but is the date you first became aware that you've suffered a significant injury due to potential negligence. It could also be the day you recognised the symptoms of cauda equina syndrome, the day you received your diagnosis, or when you realised the care provided was below the accepted standard.

However, there are exceptions to this three-year rule:

  • Children: if the person who suffered the negligence is under 18 at the time, the three-year period doesn’t start until their 18th birthday. This means they have until they turn 21 to start legal proceedings.
  • Mental capacity: if the person who suffered the negligence lacks mental capacity to make their own decisions, there may be no time limit to make a claim on their behalf.

In very rare cases, the court can extend the timeline for a claim involving a delayed diagnosis where there is legitimate reason to do so. However, you should act as soon as possible to start the claims process. If it is necessary to wait to claim compensation until the full effects of medical negligence can be assessed, it is still important to file documents with the court within the relevant time limit. Acting early also means that it is more straightforward to collect the evidence we need while it remains fresh.

How much compensation can a cauda equina compensation claim result in?

When medical negligence has led to a worsening of your cauda equina syndrome, calculating how much compensation you are owed can be complicated. There is no standard compensation figure as each payout is designed to cover the person's specific experiences. To do so, cauda equina compensation amounts are broken into two parts, each of which addresses a different type of loss related to the condition.

General damages compensate you for the injury itself and its non-financial impact. It aims to address pain, suffering and any loss of amenity, which means the impact on day-to-day life.

For a cauda equina claim, this may include compensation for:

  • Severe back, leg, saddle-area or neuropathic pain
  • Effects on bladder and bowel function, which can include bowel and bladder incontinence
  • Sexual dysfunction
  • Any permanent disability
  • Loss of mobility or reduced walking tolerance
  • Ongoing numbness
  • Psychological injury, distress, depression or anxiety
  • Loss of independence, hobbies, family life and enjoyment of life
  • The permanent or life-changing nature of symptoms

We will use the Judicial College Guidelines as a starting point when valuing general damages. These guidelines offer minimum and maximum values for general damages in personal injury cases, and can be used to value pain, suffering and loss of amenity accurately.

In a cauda equina case, general damages can be higher than other types of medical negligence claim, because the condition can cause permanent neurological, bladder, bowel, sexual and mobility problems without urgent medical attention. Our solicitors specialise in cauda equina claims, and can centre the physical and quality-of-life impact to the valuation.

Special damages compensate you for financial losses and expenses caused by the negligence. These must be supported with evidence such as payslips, invoices, receipts or other types of evidence to show the full extent of any losses.

In a cauda equina claim, special damages may include:

  • Loss of earnings, including future earnings if you are left unable to work due to the condition or reduced earning capacity if you cannot return to the same work
  • Private treatment, physiotherapy, rehabilitation or pain management
  • Medication, continence products, catheters or other supplies
  • Care and assistance from family, friends or paid carers
  • Mobility aids, orthotics, wheelchairs or specialist equipment
  • Home adaptations, such as stairlifts, wet rooms, ramps or downstairs facilities
  • Vehicle adaptations, if necessary for you to drive
  • Future care, therapies and equipment over your lifetime

Special damages often form a very large part of serious cauda equina claims because the financial consequences can continue for years, or in some cases for the rest of your life.

How are cauda equina syndrome claims funded?

Potential costs are among the biggest concerns our clients have about claiming compensation. At Switalskis, we're committed to making the process as accessible as possible by offering various funding options to meet your needs:

  • No win, no fee agreement: also known as a conditional fee agreement, this is the most common way to fund a cauda equina syndrome claim. Under a no win, no fee agreement, you won't need to pay anything if your claim is unsuccessful. Our costs are written off. If you win your case, a percentage of your compensation will be used to cover our fees. This option allows you to pursue your claim without any financial risk, and we'll discuss all of the potential costs with you upfront to avoid any surprises.
  • Legal expenses insurance: we will begin an insurance policy to cover you for the out-of-pocket costs we incur during the investigation. We have our own insurance provider that we use. However, you may have legal expenses cover as part of your home or car insurance policy, which can also be used to fund your claim. We'll assist you in understanding your policy and liaising with your insurer.
  • Legal Aid: in very rare cases, Legal Aid may be available for clinical negligence claims, although it's usually reserved for specific situations. Our team can guide you on whether you might be eligible.

Remember, your first consultation with our clinical negligence solicitors is free and without obligation. We'll discuss the funding options available to you and help you choose the best one for your situation.

How long do cauda equina syndrome claims take?

The length of time it takes to resolve a claim varies depending on the specifics of the case. Every claimant's circumstances are unique, from the severity of the syndrome to whether or not liability is admitted. Whatever the timeframe, we strive to complete the process without compromising the quality and thoroughness of our legal representation.

In cases where the responsible party admits negligence early on, a resolution might be reached within 18 months to two years. However, if the healthcare provider disputes the claim or if the medical facts are complex, a claim can take several years to conclude. Rest assured, we’ll work diligently to gather evidence, liaise with medical experts and negotiate with the other side to achieve the best possible outcome for you.

We understand the urgency you may feel to conclude your claim, especially if you're facing financial pressures due to lost income or increased care costs. Therefore, in many cases, we seek to secure interim payments. These are early part payments of your compensation, granted before the final settlement, to help you cope with immediate expenses and losses related to your condition.

While we recognise the desire for swift resolution, our top priority is to secure the maximum cauda equina compensation for you. Our lawyers will keep you informed at every stage, making sure you understand the timeline and any factors that could influence it. Your welfare, rights and peace of mind are at the heart of what we do at Switalskis.

Making a cauda equina syndrome claim

Making a cauda equina claim can seem daunting, especially while dealing with the emotional and physical impacts of the condition. Switalskis is here to support and guide you through every step of this process. Our experienced cauda equina solicitors make the process as simple as possible, and will take on the bulk of the legal responsibility for your claim so you can focus on adjusting to your new circumstances.

Step 1: Initial consultation

Reach out to Switalskis for a free, no obligation initial consultation . During this meeting, we’ll listen to your story, understand your concerns and explain whether we think you have a strong case. If you decide to proceed, we can then discuss the next steps and the available funding options.

Step 2: Establishing your claim

We’ll gather all the relevant information we need to build your case . This will include applying for all of your medical records, including your GP records. We’ll ask you for photographs, receipts and any other documents that may support your claim. We will take a detailed witness statement to tell your version of events. We may arrange for you to be assessed by an independent medical expert to provide an unbiased view of your injuries and future prognosis. The aim will be to prove that the negligence was responsible for your injury and consider the potential value of the claim.

Step 3: Notifying the defendant

Once we have supportive evidence, we’ll send a letter of claim to the doctor and/or hospital involved . This will outline details of the claim and state allegations regarding the negligent treatment.

Step 4: Defendant response

The defendant will then have four months to investigate the allegations made against them and respond to the letter of claim in a letter of response. This letter will include whether the defendant accepts they are at fault, which is called an admission of liability. If they do not accept fault, they will state this in the letter and this is called a denial of liability. We will advise you of the next steps at this stage.

Step 5: Settlement and compensation

If the defendant or practice has admitted fault, negotiations can start. Our cauda equina solicitors will negotiate on your behalf, using our expertise and experience to secure the highest possible compensation amount for you. At this stage, we will discuss how much compensation you may receive. This will be calculated to cover the pain and suffering caused by the negligence, as well as any financial losses or expenses you’ve experienced as a result.

Step 6: Court proceedings (where necessary)

Most claims will be settled through negotiation without needing to go to court. In the rare instances where the case does go to trial , you can trust us to represent you throughout the process.

At Switalskis, we understand that every client's situation is unique. We strive to make this journey as straightforward as possible for you, explaining complex legal terminology in simple, clear language, so you understand and are comfortable with every step of the process.

Contact us today and let's start your journey towards recovery together. Call us today on 0800 9956 068, or get in touch via our form.

Cauda equina syndrome claims

Frequently asked questions

What is cauda equina syndrome?

(CES) is a rare but serious condition caused by compression of the nerves at the bottom of the spinal canal. These nerves help control movement and sensation in the lower body, as well as bladder, bowel and sexual function.

CES requires urgent assessment and treatment. If the pressure on the nerves is not identified and treated quickly enough, it can result in permanent problems with bladder and bowel function, sexual function and movement or sensation in the legs.

What causes cauda equina syndrome?

occurs when the nerves at the bottom of the spinal canal become compressed.

A large prolapsed or slipped disc is a common cause, but CES can also be associated with:

  • Spinal trauma or injury
  • Spinal stenosis
  • Tumours affecting the spine
  • Infection
  • Bleeding around the spine
  • Complications associated with spinal procedures or surgery

Whatever the cause, suspected requires urgent medical assessment.

What are the warning signs and symptoms of cauda equina syndrome?

There is no single symptom that confirms and people can experience symptoms differently.

Warning signs can include new or worsening problems with bladder function, changes in sensation around the genitals, perineum or anus, loss of sensation of rectal fullness, sexual dysfunction and severe or progressive weakness in both legs.

If you are currently experiencing symptoms that could indicate cauda equina syndrome, seek urgent medical attention. This page is intended for people who have concerns about medical care they have already received.

Can I make a claim for cauda equina syndrome?

Having does not automatically mean that medical negligence occurred.

You may be able to make a claim if the care you received fell below an acceptable standard and this caused your condition or made the outcome worse than it otherwise would have been.

For example, this could involve a failure to recognise symptoms, delays in referring you for further assessment, delays in carrying out appropriate investigations or delays in treatment.

Our specialist medical negligence solicitors can review what happened and advise you whether there may be grounds to investigate a claim.

What delays or mistakes can lead to a cauda equina syndrome claim?

CES claims can arise at different stages of someone's care. Depending on the circumstances, this could include:

  • Failing to recognise or act on warning signs of CES
  • Failing to ask appropriate questions about symptoms
  • Failing to make an appropriate emergency referral
  • Delays in arranging an MRI scan
  • Delays in reviewing or reporting scan results
  • Delays in referring a patient to an appropriate spinal specialist
  • Delays in carrying out necessary treatment or surgery

For a successful medical negligence claim, it is not enough to show that there was a mistake or delay. It will also be necessary to establish that this caused avoidable harm or made your outcome worse.

Can I claim if my GP failed to recognise cauda equina syndrome?

Potentially. People with may initially seek help from their GP or another primary care healthcare professional because of back pain, sciatica or changes in bladder, bowel, sexual or neurological function.

A claim may be possible if appropriate warning signs were not recognised or acted upon and this caused an avoidable delay in diagnosis or treatment which made your condition worse.

This could include concerns about how your symptoms were assessed, whether an appropriate referral was made or whether you were given appropriate advice about seeking urgent medical help if your symptoms changed.

Can I claim for delays in an MRI scan or hospital treatment?

Potentially. plays an important role in investigating suspected and delays can occur at different stages of hospital care.

Claims may involve delays in arranging or carrying out an scan, reporting or acting on the results, obtaining specialist review or providing appropriate treatment.

Whether a delay amounts to medical negligence will depend on the circumstances and, importantly, whether earlier investigation or treatment would probably have resulted in a better outcome.

What are the long-term effects of cauda equina syndrome?

The effects of CES vary from person to person. Some people recover well, while others can experience significant and permanent problems.

Long-term effects can include:

  • Bladder or bowel dysfunction
  • Sexual dysfunction
  • Numbness or altered sensation
  • Weakness in the legs
  • Reduced mobility
  • Neuropathic or ongoing pain
  • Difficulties with everyday activities and independence
  • An impact on work and earning capacity
  • Emotional and psychological effects

When investigating a claim, we consider the full impact CES has had on your life as well as the treatment, rehabilitation, care and support you may need in the future.

Can I claim if I had surgery but still have cauda equina symptoms?

Having surgery does not necessarily mean that your care was negligent if you continue to experience symptoms. Some people can have ongoing problems despite receiving appropriate treatment.

However, if there were avoidable delays before your surgery and earlier treatment could have resulted in a better outcome, there may be grounds for a medical negligence claim.

Independent medical evidence is usually needed to establish what difference, if any, the delay made to your condition.

How is cauda equina syndrome diagnosed?

There is no single symptom or examination that can diagnose or rule out cauda equina syndrome.

Healthcare professionals should consider the symptoms you describe alongside their clinical assessment. Where CES is suspected, urgent imaging, usually an scan, may be required to identify whether the nerves are being compressed.

If you believe warning signs were missed or there was an avoidable delay in investigating your symptoms, our solicitors can review the care you received and advise whether there may be grounds for a claim.

How much compensation could I receive for a cauda equina syndrome claim?

There is no standard amount of compensation for cauda equina syndrome. The value of a claim depends on the severity of the avoidable injury and the impact it has had, and is expected to have, on your life.

Compensation can take account of your pain and suffering as well as financial losses and future needs. Depending on your circumstances, this may include loss of earnings, rehabilitation and treatment, care and assistance, specialist equipment, mobility aids, home or vehicle adaptations and other support.

We will work with you and independent experts to understand the full impact of your injury before valuing your claim.

How long do I have to make a cauda equina syndrome claim?

In most medical negligence claims, court proceedings must be started within three years of the date the negligence occurred or the date you first knew, or could reasonably have known, that you had suffered a significant injury which may have been caused by negligent treatment.

Different rules can apply in some circumstances, including claims involving children or people who lack mental capacity.

Limitation can be complicated, so it is important to seek specialist legal advice as soon as possible if you are concerned about the treatment you received.

Why Switalskis?

Coping with the aftermath of a diagnosis can be a challenging journey. The emotional toll it takes calls for the backing of a trusted partner who can guide you through these unfamiliar and stressful times.

Clarity in complexity

compensation claims may appear complex, but our aim is to simplify this complexity for you. We're committed to translating complicated legal jargon into plain, clear language. Our dedicated team is here to address all your concerns, simplify the process, and make sure you're fully briefed at every step of the journey.

Empathy at every step

Understanding your unique circumstances is at the heart of our approach. We listen attentively to your concerns, respect your feelings and provide thoughtful advice that is customised to your needs. To us, you're more than a client - you're an individual grappling with challenging circumstances, and we're here for you, steadfast in our support.

Expertise you can trust

When dealing with something as significant as a compensation claim, you need assurance that you're in capable hands. At Switalskis, our team brings together decades of experience and a proven track record in handling cauda equina claims. 

Championing your rights

Our team is driven to uphold your rights and make sure your voice is heard. We'll guide you through every stage of the claim process, making sure you're informed and empowered to make the decisions that are right for you.

We can support you in the following medical negligence situations

Find out how Switalskis can help you

Call us or complete our online enquiry form for free, confidential advice from a specialist solicitor. We’ll listen to what happened, answer your questions and help you understand whether delays or mistakes in your diagnosis or treatment may have caused avoidable harm.

Contact Switalskis today by calling 0800 9956 068 or get in touch with us through the website to discuss your concerns in confidence with a legal specialist.

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