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Cauda Equina Syndrome 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.
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.
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.
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.
What our clients say
Why choose Harrowells?
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:
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.
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.
The Claims Process
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 from the outset.
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.
FAQs
How long does a cauda equina syndrome claim take?
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.
Do you offer no win no fee for cauda aquina syndrome claims?
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.
What evidence is needed to make a cauda equina syndrome claim?
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.
Are there time limits to bringing a cauda equina syndrome claim?
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:
Will I need to go to court to make a cauda equina syndrome claim?
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.
Can I bring a cauda equina syndrome claim on behalf of someone else?
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.
How much compensation can I claim for cauda equina syndrome?
The level of compensation depends on the expert evidence about your injuries and future prognosis. That material helps assess the impact, seriousness and duration of the harm suffered.
Financial losses are also relevant and may include lost income, treatment expenses and care costs.
A reliable valuation cannot usually be given at the very start because specialist evidence is needed to capture the full extent of both past and future losses.
As the case progresses, we will keep you informed about the likely value of the claim.
How is cauda equina syndrome claim compensation paid out?
Following settlement or judgment, the defendant will usually be required to pay compensation within 14 days.
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Settlement following negligently performed hip replacement surgery
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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...
