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Cauda Equina Claims
Our Resolve. Your Resolution.
Cauda equina syndrome claims require specialist handling to ensure that families are supported throughout the claims process and maximum compensation is obtained. Our Cauda Equina solicitors act where a delay in diagnosis or in surgery has caused avoidable harm.
Cauda equina syndrome is a medical emergency that requires urgent treatment. The consequences of delayed treatment can be devastating, and include neurological damage, incontinence, loss of mobility and paralysis. We handle cauda equina claims arising from exactly those delays.
If you feel that there has been a delay in either the diagnosis of your condition, or treatment, we can advise you. We are always available to discuss your particular circumstance and provide free and practical advice about how we can best assist you with a claim. We are always happy to discuss cauda equina claims informally first.
The symptoms of cauda equina can be life-changing. Making a legal claim should not add to that burden and we strive to ensure the claims process is dealt with efficiently and compassionately. We pride ourselves on offering a personal and professional service tailored to you. Cauda Equina compensation should reflect that full impact, not simply the initial injury.
We are committed to helping you move forward with your life by drawing on our considerable expertise in supporting complex medical negligence and serious injury claims.
We understand that a claim is much more than process and evidence. It is a journey where we need to provide guidance and support at every stage.
You may feel wary and confused in the immediate aftermath of your injury. We can bring clarity about your options and next steps with clear, practical explanations.
We have a track record of securing successful outcomes because we take care to marshal specialist legal and medical expertise appropriate to your situation.
The cauda equina are a group of nerves located at the bottom of the spine. If these nerves are compressed, for example when there is a slipped disc in the lower back, then the nerves can be damaged. This nerve damage can lead to serious problems.
Key warning symptoms of cauda equina syndrome are:
Clinicians are trained to treat a particular group of symptoms as red flags — warning signs that require emergency assessment and an urgent MRI scan. The red flags for cauda equina syndrome are:
Where any of these are present alongside back pain, national guidance is clear that the patient should be referred for emergency assessment. A great many of the claims we see involve red flag symptoms that were described to a GP, an out-of-hours service or an emergency department, and were not acted on.
Cauda equina syndrome is confirmed by an urgent MRI scan. The scan shows whether the nerves at the base of the spine are being compressed and, if so, by what.
In our experience, the failure to arrange that scan promptly is the single most common breach of duty in these cases. Where a scan is delayed, or where a patient is sent home with pain relief and told to return if things worsen, the opportunity to operate in time can be lost.
The treatment for cauda equina syndrome is decompression surgery to take the pressure off the affected nerves. It is an emergency operation, and the outcome depends heavily on how quickly it is carried out after the red flag symptoms appear.
Where surgery happens in time, many people recover well. Where it is delayed, the nerve damage can become permanent, and the consequences — lasting bladder and bowel problems, sexual dysfunction, altered sensation and mobility problems — can affect every part of daily life. That difference between the outcome someone had and the outcome they should have had is what a claim is built on.
Cauda equina syndrome does not always come on suddenly. In some people symptoms build over days or weeks, and this slower presentation is more easily missed or put down to something else.
A gradual onset does not weaken a claim. The question is the same: were the warning signs there, should a competent clinician have recognised them, and would earlier action have produced a better outcome?
For people left with lasting symptoms, the effects reach well beyond the physical. Continence problems, loss of sexual function, chronic pain and reduced mobility affect work, relationships and independence, and the psychological impact is often considerable.
This matters to your claim as well as to your recovery. Compensation should reflect the full picture — not only the injury itself, but the care you need, the earnings you have lost, and the adaptations and equipment that will help you live as independently as possible.
Cauda equina syndrome is a medical emergency. It requires urgent assessment and treatment, often within a matter of hours. If treatment is delayed then the consequences can be devastating. Claims typically arise where the treating clinicians failed to diagnose the cauda equina syndrome, or there was a delay in investigation or treatment.
You could be entitled to compensation if substandard medical care caused injury or a poor outcome. A claim may allow you to recover damages for the harm suffered and for financial losses that result from it.
In broad terms, a medical negligence claim requires proof of two matters.
First, that the treatment did not meet a reasonable standard of care. Examples include:
Second, that the failure in treatment led to injury. This may amount to a new injury or a worsening of a condition you already had.
If you feel your treatment was not up to the proper standard, or you are uncertain whether you have a claim, our medical negligence team can discuss this with you in more detail.
We assess the strengths and potential difficulties of your case throughout the claims process. This means that if there are concerns about liability or the likely outcome, we can raise them with you as early as we can. Clear communication helps you stay informed and decide how you want to proceed.
In a medical negligence claim, compensation is intended to restore you, as far as possible, to the position you would have been in had the negligent treatment not occurred. That can include compensation for the injury itself and for financial losses, both past and future, such as ongoing treatment or rehabilitation costs.
The losses that arise in these cases vary from person to person, so your claim should be tailored to your own circumstances.
Where a claim succeeds, compensation can ease financial pressure and help you obtain advice, treatment, and support that may assist your continued recovery.
If you think you may have grounds for a claim, the best place to start is by speaking with specialist solicitors who can evaluate your situation. Their advice should reflect the specific facts of your case, so you can decide how you want to proceed.
After you instruct a solicitor, they will begin the pre-action investigation process. This stage focuses on obtaining evidence about fault, causation, the injuries involved and your longer-term outlook.
Once the supporting evidence is available, negotiations will usually follow with the defendant’s representatives regarding liability and the amount of compensation.
Should those negotiations fail to produce an agreed settlement, court action may need to be started.
We deal with medical negligence claims under a ‘no win, no fee’ arrangement, helping you seek compensation without facing the worry of paying legal fees upfront. These agreements, called Conditional Fee Agreements, are designed to reduce cost-related uncertainty and make legal action more accessible. If your claim does not succeed, you will not be liable for our fees. More detail about how claims are funded is provided in the Frequently Asked Questions below.
For many people, bringing a cauda equina syndrome claim is a significant step, especially after a disappointing experience with healthcare professionals.Our cauda equina solicitors will explain what is involved before you decide anything.
Understandably, that may make it harder to trust others with such an important matter.
You need a representative who will reassure you, explain each stage clearly and deal with the claim openly and efficiently.
We know that you will want to move forward as soon as you can, and the claims process may feel daunting. A solicitor should reduce that strain by handling the legal work on your behalf, giving you more space to focus on your recovery.
Free, no obligation initial assessment of your claim and funding options
Speak with our experts so that we can better understand your current situation and assess the legal basis for resolving your claim, likely prospects of success, and options for funding your case from the outset. We will provide guidance and support throughout.
Detailed preparation of your claim by legal and medical experts
We gather together the evidence from a range of sources including your medical records and treatment history, information about any financial loss or other impacts, together with input from independent medical specialists who are experts in their particular field.
Engage with the defendant’s lawyers
With evidence in hand and having kept you fully informed about case progress and intended approach, we engage with the defendant’s lawyers to focus on the key issues, evidence and legal arguments most likely to yield a successful outcome for you.
Valuing your claim and negotiating with the defendant
If we are satisfied that the medical evidence is supportive of your claim, we will use this to value your claim. We will enter negotiations with the defendant and support will be given throughout to provide you with the confidence to give instructions on any settlement.
Settlement or court proceedings
Upon settlement, your compensation will be paid to us, and we will release your payment to you. Sometimes court proceedings may be necessary; we ensure your case is presented clearly and compassionately so that the full impact is fully appreciated by the court.
Compensation and support
Resolution is not simply about compensation but also about building a package of ongoing support for you and for your loved ones. We work closely with rehabilitation professionals who can assist you following resolution of your claim.
The red flags are saddle anaesthesia — numbness across the inner thighs, groin and buttocks — along with bladder or bowel dysfunction, sudden sexual dysfunction, and weakness or numbness in both legs. Where these appear alongside back pain, the patient should be referred for emergency assessment and an urgent MRI scan.
Decompression is an emergency operation and the outcome depends on how quickly it is carried out once red flag symptoms appear. The longer the nerves remain compressed, the greater the risk of permanent damage. Where surgery has been delayed, one of the first things we investigate is what the outcome would have been had it gone ahead when it should have.
Untreated compression of the nerves tends to worsen, which is why the condition is treated as an emergency. Once decompression has taken place, symptoms may improve over months or years, though where treatment was delayed some effects can be permanent. Your medical evidence will address your own prognosis.
Possibly. A delayed scan is one of the most common failings in these cases. The claim will turn on whether a competent clinician should have arranged the scan sooner given the symptoms you reported, and whether earlier surgery would have left you better off than you are now.
These claims do not follow a set timetable. The duration usually depends on matters such as expert availability, the complexity of the medical issues and whether the defendant is prepared to negotiate on responsibility and settlement. The claim proceeds under the Civil Procedure Rules and the clinical disputes protocol, both of which are intended to support early resolution where possible.
If the case requires extensive expert evidence or detailed investigation, it may take a long time to complete, sometimes several years.
It is also important to keep the 3-year limitation period in mind. In general terms, that period runs from the negligent treatment or from the date you first became aware that negligence may have caused your injury.
We can sometimes act under a Conditional Fee Agreement where the case appears to have better than even prospects of success. This is often known as no win, no fee. If the claim succeeds, our costs are usually recovered from the defendant. If it fails, our charges are normally written off.
Where compensation is awarded, a success fee and any unrecovered balance of costs may be deducted from your damages.
Other expenses, including expert reports and court fees, are separate and may require insurance or another funding arrangement.
Our specialists can explain all available funding options during a free initial consultation.
The first step is usually to obtain your medical records from the providers involved and prepare your witness statement.
Independent medical experts then review the evidence. Reports commonly include:
Breach of duty and causation
This report addresses whether the care given was negligent and whether that negligence caused or materially contributed to the injury. It is produced by a suitably qualified expert in the relevant discipline.
Condition and prognosis
If the evidence supports the claim on breach of duty and causation, we then obtain evidence on your injuries, recovery and future outlook. Depending on the case, reports may be needed on both physical and psychological effects.
We will also gather proof of the financial losses linked to the negligence so that the claim can be valued accurately.
Yes. The usual position under the Limitation Act 1980 is that court proceedings must be issued within 3 years. If they are not, the claim may be barred unless the court grants permission in exceptional circumstances.
That date can change in certain situations, such as:
Often, no. Many claims are resolved through negotiation, and efforts should be made to settle without starting court proceedings if possible.
But if fault is denied or the parties cannot agree compensation, issuing proceedings may be necessary. Once that happens, the court sets the timetable and a trial becomes the final stage if no settlement is reached first.
A claim can sometimes be brought for another person, including where the injured person is under 18, lacks capacity or has died. Tailored advice is important so the correct person is in place to act.
Following settlement or judgment, the defendant will usually be required to pay compensation within 14 days.
Settlement following a negligent failure to triage correctly in A&E
John Coulson acted for a young woman who collapsed in the street with acute abdominal pain. Although she was quickly taken by ambulance to hospital, there was a failure to triage her correctly in A&E, resulting in a delay in a senior level consultant...
Settlement following a severe shoulder injury suffered during delivery of a baby
Aimee Costello acted for the family of a baby injured during delivery. The family were concerned about the circumstances about the delivery and came to us about their concerns. We investigated the circumstances of the delivery. Following receipt of...
Settlement following negligently performed hip replacement surgery
Our client, a man in his forties, underwent hip replacement surgery during which appropriate procedures were not followed. A hip replacement typically involves a prosthetic cup inserted into your hip bone, a prosthetic ball joint inserted into your femur...
