‘Cauda equina’ translates to horse’s tail in English and refers to a thick collection of nerve roots at the base of the spine. Injury in this part of the body can have repercussions ranging from mild sensation damage to acute paralysis and lifelong disability. If you were injured in this area of your body by the negligent acts of medical professionals, cauda equina syndrome claims for compensation could help to deal with these issues.
All healthcare providers are expected to meet certain professional standards of care. A failure to meet this standard can be classed as medical negligence, which means you could start a claim for the pain, suffering, and financial losses you experienced from damaged cauda equina nerves. Our guide explains how this is calculated and what evidence and time limits have a bearing on your claim.
We also detail the many advantages of placing cauda equina syndrome claims with a No Win No Fee solicitor from our panel. They are experts in medical negligence claims and can handle every stage of the process with you. Read on to learn more. Alternatively, chat with our advisors about any questions you have right now:
- Call us on 0800 408 7825
- Contact us online.
- Open the live chat window to talk to advisors immediately.
Frequently Asked Questions
- Am I Eligible To Make A Cauda Equina Claim?
- How Much Compensation Could I Claim For CES?
- Can Cauda Equina Syndrome Claims Compensate For Financial Losses?
- What Is Cauda Equina Syndrome (CES)?
- How Can I Start My CES Compensation Claim?
- Is There A Time Limit For Making Cauda Equina Syndrome Claims?
- Free Advice From Cauda Equina Syndrome Claim Experts
- Make A No Win No Fee Claim With Our Panel Of Solicitors
- More Information
Am I Eligible To Make A Cauda Equina Claim?
To be considered eligible to start a claim for cauda equina syndrome compensation, you need to meet the three criteria used to define medical negligence. These are as follows:
- A healthcare provider owed a duty of care to you.
- They were in breach of their duty of care and did not meet with required standards.
- You experienced avoidable or unnecessary harm because of this (such as surgery).
Unnecessary harm is the term used to describe pain and suffering that wouldn’t have occurred had the right standard of care been met. It’s important to acknowledge that all medical conditions can get worse even with the best level of care. Not all forms of harm are the basis for a valid medical negligence claim, so to check that yours qualifies now, chat with our advisory team on the contact options above.
How Much Compensation Could I Claim For CES?
Each and every claim for cauda equina syndrome varies according to individual circumstances, and no fixed sum is awarded in every case. If the claim is a success, the compensation awarded is comprised of two categories of loss called general and special damages.
General damages acknowledge the physical pain, suffering and psychological distress the person has suffered. Those responsible for the calculations also consider:
- The severity of the harm.
- The length of harm.
- Your future prognosis.
- The overall damage to life quality (such as any new, permanent disabilities).
Medical records are often consulted to assist with these calculations. Also, a document called the Judicial College Guidelines can provide guideline bracket amounts for a cross-section of injuries based on their severity. These amounts are taken from past successful compensation claims in England and Wales.
It’s important to note that the Judicial College Guidelines are strictly provisional amounts, and the table below uses them for illustrative purposes only. Also, the first entry is not taken from the Judicial College Guidelines:
Compensation Guidelines
| TYPE OF HARM | SEVERITY | GUIDELINE BRACKETS |
|---|---|---|
| Multiple types of harm and negative financial impacts | Severe | Up to £1 million + |
| Injuries involving paralysis | Paraplegia | £267,340 going up to £346,890 |
| Back | (a) Severe cases (i) | £111,150 going up to £196,450 |
| (a) Severe cases (ii) | £90,510 going up to £107,910 | |
| (a) Severe cases (iii) | £47,320 going up to £85,100 | |
| (b) Moderate cases (i) | £33,880 going up to £47,320 | |
| (b) Moderate cases (ii) | £15,260 going up to £33,880 | |
| Bowel | (b) Total natural function loss | Up to £183,190 |
| Male reproductive system | (c) Permanent impotence or significant sexual dysfunction | £52,490 going up to £108,310 |
| Bladder | (c) Seriously impaired | £78,080 going up to £97,540 |
How Is CES Compensation Calculated?
Cauda equina syndrome compensation is calculated by combining general and special damages to arrive at one figure. So those tasked with calculations can also look at your projected losses and include an amount for this. For example, medical negligence might result in you being unable to work, so lost earnings, impact on your pension and lost attendance bonuses at work can be factored in. Furthermore, you might need rehabilitation or on-going care for the foreseeable future. Compensation can be calculated to take this into account.
Can Cauda Equina Syndrome Claims Compensate For Financial Losses?
Under the heading of loss called special damages, other financial losses and monetary harm can be acknowledged. It is crucial to present documented evidence that proves any financial harm related to the cauda equina syndrome, and this might include the following:
- Wage slips that show a drop or loss of earnings.
- Tickets and receipts proving essential travel.
- Proof of amounts paid to others for domestic care.
- The invoices or receipts for any essential alterations in your home (such as installing a chair lift).
- Also, any other reasonable losses that you can prove are associated with the harm suffered, such as private medical treatment or additional childcare arrangements.
Therefore, keep hold of all the paperwork that you feel supports your claim for financial loss. If your claim qualifies and you want to work with a solicitor from our panel, they can use this documentation to calculate the maximum compensation owed to you.
Interim Payments
Some medical negligence claims may look certain to be decided in a claimant’s favour. When this looks likely, the claimant can apply to the courts for interim payments. These are small portions of their expected compensation. Each request for the money is considered on a case-by-case basis and deducted from the final award.
Interim payments are a useful way for a claimant or their family to access emergency funding for medical treatments and rehabilitation costs. Interim payments can also relieve the burden of lost income if the person harmed is the main earner for the household.
If you would like to discuss interim payments or just have general questions about cauda equina syndrome claims, you can connect with our advisors using the options above.
What Is Cauda Equina Syndrome (CES)?
Cauda equina syndrome (CES) is a rare condition characterised by nerve roots becoming compressed at the base of the spine. The condition can become disabling and life-threatening without immediate treatment. It can affect anyone at any age and might be misdiagnosed as sciatica or a compressed disc. You can read more about the condition in this NHS link.
Symptoms Of CES
Commonly encountered symptoms of cauda equina syndrome are as follows:
- Lower back pain that can radiate down the legs and become severe.
- Leg weakness or numbness.
- Loss of sensation between the thighs, buttocks or genitals.
- Changes in sensation when using the toilet, including difficulty urinating.
- Changes in bladder control or ability to empty the bladder fully.
- Bowel incontinence.
- Changes in sexual function or loss of sensation during sex.
Cauda equina syndrome can occur as the result of multiple injuries in a road traffic collision or after accidents at work or in public spaces. Given the potential for cauda equina to be serious, if it is misdiagnosed or missed following an accident, you could have a valid medical negligence claim. Why not take the opportunity to discuss cauda equina syndrome claims with our team?
What Are The Risks Of CES Being Untreated?
If cauda equina syndrome is left untreated because of an undetected lumbar fracture or misdiagnosis as sciatica, a poor outlook is indicated. It is possible to experience the following:
- Nerve damage that is permanent.
- Partial or full paralysis.
- Bladder and/or bowel dysfunction.
- Sexual dysfunction.
- Chronic and long-term pain.
- Depression, stress or other psychological harm.
If you feel certain that negligent healthcare gave rise to the cauda equina syndrome developing or being missed, speak to our advisory team. You could be owed compensation from either the NHS or private healthcare facility responsible.
How Can I Start My CES Compensation Claim?
The best way to start a cauda equina syndrome claim for compensation is to assemble evidence that proves medical negligence was the root cause or contributing factor. The following evidence is useful:
- Duplicates of medical records that detail the diagnosis, your recommended treatment and future prognosis.
- Evidence of any prescribed medication.
- A personal diary of key dates, your health and significant events.
- Contact information for any witnesses to the medical negligence. Perhaps a family member accompanied you to the doctor’s surgery or hospital and saw what advice or treatment was given. Any solicitor acting for you could put this in a statement to help.
- Copies of any correspondence about your treatment from the NHS or private clinic that details negligence like missed follow-up care or other errors.
Evidence such as this can help you put forward a much better argument for compensation. Also, working with an expert cauda equina syndrome claims solicitor may give your case that vital edge. Speak to our team to see if they can help you.
Is There A Time Limit For Making Cauda Equina Syndrome Claims?
The Limitation Act 1980 sets out a standard 3 year time limit for launching medical negligence claims. This period commences from the point of initial harm or the ‘date of knowledge’. This is a date from which one could assume you became aware that negligent care had caused you harm. Exceptions apply in some instances:
- Minors can’t set out a claim until they become 18, from which date the 3-year time limit activates.
- Time limits for those lacking sufficient mental capacity to claim themselves are frozen unless they regain capacity, whereupon the 3-year time limit starts from that date.
- Both groups may qualify for a claim to begin immediately if a litigation friend is appointed to manage the process for them.
Please connect with advisors for any help with limitation periods and litigation friends. Our team will also answer other concerns or questions regarding cauda equina syndrome claims after medical negligence.
Free Advice From Cauda Equina Syndrome Claim Experts
The cauda equina solicitors on our panel have decades of expertise with medical negligence claims and offer legal guidance on a No Win No Fee basis for the claims they take up. You could take advantage of an array of excellent legal services. For example:
- Solicitors will calculate the compensation owed to you with much greater accuracy than online calculators.
- They can deal with all the correspondence and communication with the NHS or private clinic as your claim progresses.
- All complicated legal terminology is clearly explained.
- Our panel of solicitors know how to compile evidence like witness statements and medical reports to strengthen your claim.
- A robust defence of your case will be made if the NHS or clinic are not admitting liability.
- You can be confident that while you’re recovering, they are working tirelessly in the background to secure the best outcome for you.
Rather than struggle to manage your medical negligence claim yourself while recovering, why not see if our panel of solicitors could take care of it? Call to get started.
Make A No Win No Fee Claim With Our Panel Of Solicitors
The solicitors on our panel offer eligible claimants the chance to access expert without paying for their services until the cauda equina compensation claim settles in their favour. They can do this by providing these services under a Conditional Fee Agreement (CFA), which is a type of No Win No Fee contract. Under these terms, you can expect the following:
- No upfront solicitors fees.
- No solicitors fees for services performed going forward.
- No fees are owed for claims that are unsuccessful.
- A legally restricted percentage (a ‘success fee’) becomes payable out of the compensation if the claim settles in your favour.
- Importantly, this amount can be agreed upon between you and the solicitor before the work begins, and the legal cap ensures you always receive the bulk of the award if the outcome is a success.
If this sounds of interest to you and you’d like to learn more about cauda equina syndrome claims, start by connecting with our advisors:
- Call now on 0800 408 7825
- Contact us using this link.
- Open the live discussion window to talk to advisors about cauda equina syndrome compensation.
More Information
This guide focused on cauda equina syndrome claims, but you may find these other guides about medical negligence compensation useful:
- This article discusses medical negligence claims for injury caused by a chiropractor.
- Here we look at some FAQs for medical negligence claims.
- Also, how NHS negligence payouts are calculated.
As well as this, some external information to help:
- Read about how the Care Quality Commission (CQC) enforces professional standards in care.
- Also, there is information on lumbar decompression surgery, which is used to treat cauda equina syndrome.
- More information from King’s College Hospital on cauda equina syndrome.
Lastly, we appreciate you reading this guide on cauda equina syndrome claims. We hope it has provided you with all the information you need, but please feel free to contact the team with any other questions about how cauda equina lawyers could help you.
