Cauda equina case study

Jacqui Hayat and Rupal Patal, solicitors in our clinical negligence team secured a settlement of over £500,000 for a client who suffered a delay in diagnosis and treatment of cauda equina syndrome. Cauda equina syndrome is a medical condition caused by the compression of nerve roots at the bottom of the spinal cord and can have devastating consequences.

What was the background of the claim?

Our client had a long history of back problems. In March 2018, she began to experience severe pain in her legs and could not bear weight. An ambulance was called, but did not take her to hospital and she remained at home that night. By the following afternoon, our client was much worse, and she was in severe pain in her back and still unable to walk. An ambulance service was called again, and this time she was transported to hospital as an emergency.

Cauda equina syndrome is a medical emergency requiring urgent treatment but our client was let down again when urgent surgery was delayed. Then following the surgery despite our client’s condition deteriorating she was left without treatment ( it was a bank Holiday weekend) and her condition was made even worse.

Sadly client was let down by the ambulance service and 2 hospitals and was left permanently reliant on a wheelchair, in constant pain in her legs, feet, and spine and incontinent.

Who were the defendants?

This matter was made more complex by the fact that 3 separate trusts let her down. The trusts all denied liability and sought to blame each other and alleged that our client refused to attend hospital and that the outcome for her was inevitable. Our approach was to be very clear as to the specific allegations against each trust to ensure we would be successful against each trust.

Crucial to the case was that the client’s evidence about what happened was captured in her witness statement and those of her family very shortly after the

events when memories were clear and this meant the trusts were unable to defend the claim based on recollections of their staff several years after the events who had also made poor medical notes.

What advice did we give to our client?

This was a case where it was important to stay firm in the face of 3 trusts seeking to blame each other and to support the client throughout. Our client was also very unwell during the course of the case and it was important keep this in mind when updating her and seeking her instructions on what at times were complex issues.

We were proud to achieve this outcome for our client and glad that she can now put the accident behind her. If you or someone you know has suffered an avoidable injury in a medical setting, please contact the medical negligence team today.