Cauda Equina Champions Charity has a dedicated panel of solicitors with experience in cauda equina syndrome clinical negligence claims.
We created the Cauda Equina Syndrome Expert Legal Panel to help ensure that people seeking legal advice following a diagnosis of cauda equina syndrome can access appropriately experienced specialist solicitors.
Claims involving cauda equina syndrome can be medically and legally complex. They are not routine clinical negligence claims, and it is important that anyone considering legal action receives advice from a solicitor who understands the condition, the relevant medical evidence and the potentially life-changing consequences of delayed diagnosis or treatment.
Why Specialist Cauda Equina Syndrome Legal Advice Matters
Cauda equina syndrome can affect many areas of a person’s life, including:
- Bladder and bowel function
- Mobility and physical independence
- Sexual function
- Pain and altered sensation
- Employment and earning capacity
- Psychological wellbeing
- Relationships and family life
- Future care, treatment and rehabilitation needs
Where there may have been an avoidable delay in diagnosing or treating cauda equina syndrome, a legal claim may require detailed investigation of medical records, symptoms, timelines, clinical decisions and expert medical evidence.
The solicitor handling the case needs to understand not only whether care may have fallen below an acceptable standard, but also what difference any delay is likely to have made to the person’s eventual outcome.This is one of the reasons why specialist experience is so important. A firm with limited experience of cauda equina syndrome may not fully understand the condition, the complexity of proving causation or the full extent of a person’s current and future needs.
Our Legal Panel Accreditation Process
Firms wishing to join the Cauda Equina Champions Charity legal panel are asked to complete an accreditation and assessment process.
As part of this process, panel members are expected to demonstrate relevant experience and knowledge of cauda equina syndrome clinical negligence claims. The purpose of this process is to help us assess whether the firms have the specialist understanding needed to advise and support people living with the consequences of cauda equina syndrome.
The charity does not simply add firms to the panel because they undertake general clinical negligence work. We want panel members to demonstrate meaningful experience of this particular condition and the complicated issues that these claims can involve. Our aim is to help people access high-quality legal advice and to give them the best possible opportunity to make an informed decision about whether they wish to pursue a claim.
Does Every Cauda Equina Syndrome Diagnosis Mean Clinical Negligence?
No. A diagnosis of cauda equina syndrome does not automatically mean that clinical negligence has occurred. Some people receive timely and appropriate treatment but are still left with significant and permanent symptoms.
Cauda equina syndrome is often caused by substantial compression of the nerves at the bottom of the spinal canal. In some cases, the size and severity of a disc prolapse or another underlying cause may result in lasting nerve damage even where treatment is provided urgently.
Unfortunately, not every poor medical outcome could have been prevented.
A successful clinical negligence claim generally requires evidence that:
- The care provided fell below a reasonable standard; and
- That failure caused additional injury or made the eventual outcome materially worse.
It is therefore possible for someone to have serious long-term cauda equina syndrome symptoms without having a viable clinical negligence claim.
This can be difficult to hear, particularly when someone’s life has changed significantly. However, receiving an honest specialist assessment is important. A solicitor should explain both the strengths and the potential difficulties of a claim rather than giving unrealistic expectations.
Delays in Diagnosing or Treating Cauda Equina Syndrome
People may seek legal advice because they are concerned about issues such as:
- Red-flag symptoms not being recognised
- Delays in referral to hospital
- Delays in obtaining an MRI scan
- Delays in reviewing scan results
- Delays in referral to spinal surgery
- Delays in carrying out decompression surgery
- Symptoms being dismissed or incorrectly attributed to another condition
- Inadequate safety-netting advice
- Repeated presentations to healthcare services before diagnosis
- Poor assessment of bladder, bowel or saddle symptoms
The presence of one of these concerns does not by itself establish that a claim will succeed. Each case must be assessed individually, using the person’s medical records and independent expert evidence.
Free Initial Legal Discussions
The firms on the Cauda Equina Champions Charity legal panel are available to provide an initial discussion without charge.
This gives people an opportunity to explain what happened, ask questions and receive an early indication of whether further investigation may be appropriate.
We generally encourage people to speak to more than one panel firm before deciding who they would like to instruct.
A clinical negligence claim can take several years, so the relationship between the individual and their legal team is important. You should feel comfortable asking questions and confident that the solicitor understands both your legal case and the wider impact cauda equina syndrome has had on your life.
When speaking to a solicitor, you may wish to ask:
- How many cauda equina syndrome claims have you handled?
- Who will be responsible for my case on a day-to-day basis?
- How will you investigate whether the delay affected my outcome?
- Which medical experts are likely to be required?
- How will my rehabilitation and future care needs be assessed?
- How often will I receive updates?
- How will the claim be funded?
- What financial risks, if any, might I face?
- What happens if the case is not successful?
You should not feel pressured to instruct the first firm you contact.
Take time to consider which solicitor communicates clearly, understands your concerns and feels like the right fit for you.
Legal Claims Are About More Than Compensation
Where a clinical negligence claim is successful, compensation may need to account for much more than the immediate injury.
Depending on the individual circumstances, a claim may consider:
- Loss of earnings and employment opportunities
- Future care and support
- Specialist rehabilitation
- Physiotherapy and psychological therapy
- Continence treatment and equipment
- Mobility aids and assistive technology
- Adaptations to the home
- Accessible accommodation
- Additional travel costs
- Pain, suffering and loss of amenity
- The impact on independence and family life
This is another reason why the solicitor must understand the long-term consequences of cauda equina syndrome.
An appropriate legal team should look at the person’s life as a whole and consider what support may be required now and in the future.
Independent Choice and Transparency
Cauda Equina Champions Charity provides information about its accredited legal panel, but the final choice of solicitor always belongs to the individual.
You are not required to use a panel firm in order to access the charity’s other support services. You are also free to seek independent legal advice from any solicitor of your choosing.
The panel exists because we want people affected by cauda equina syndrome to have access to firms that have demonstrated relevant expertise and experience.
Speak to Cauda Equina Champions Charity
If you are considering seeking legal advice following a diagnosis of cauda equina syndrome, you can contact Cauda Equina Champions Charity.
We can provide information about our legal panel and explain how to contact the accredited firms directly.
The charity cannot assess the legal merits of your case or provide legal advice. Only an appropriately qualified solicitor, after reviewing the relevant facts and evidence, can advise whether you may have grounds to pursue a clinical negligence claim.
Seeking legal advice does not commit you to beginning a claim. It can simply help you understand what happened, whether further investigation may be justified and what options are available to you.
Cauda equina syndrome claims are complex. Specialist legal advice matters.
Claire Thornber
Founder
Cauda Equina Champions Charity
This article provides general information only and does not constitute legal advice. Legal time limits apply to clinical negligence claims, so anyone considering a claim should seek independent specialist advice promptly.