Enable Law represented Shauna in a complex clinical negligence claim arising from a delayed diagnosis of Cauda Equina Syndrome (CES), a spinal emergency requiring urgent investigation and treatment to prevent permanent neurological injury.
Shauna had previously undergone spinal surgery and made a good recovery. However, several years later she developed severe back pain accompanied by new symptoms affecting her leg.
After seeking urgent medical advice, she was taken to hospital, where clinicians noted severe sciatica-type pain and bowel urgency. Although CES was initially suspected, it was ruled out following assessment. Shauna was discharged with pain relief and advice about symptoms that should prompt further medical attention.
Despite ongoing concerns, her symptoms continued to worsen. She made repeated calls for medical assistance and was prescribed additional medication, but her condition did not improve.
Escalating symptoms
As her pain increased, Shauna returned to hospital. Clinicians recorded difficulties with urination and identified significant urinary retention on bladder scanning. An MRI scan confirmed a large prolapsed disc compressing a nerve root. However, there was no evidence of cauda equina compression at that stage and she was discharged home.
Over the following days, Shauna continued to experience severe pain, muscle spasms and neurological symptoms affecting her leg. Her condition deteriorated further, leading to another hospital attendance. During this admission, clinicians documented worsening pain, leg weakness, reduced sensation in both lower limbs and significant urinary retention requiring catheterisation. Although CES was initially considered, it was later concluded that her urinary symptoms were likely related to pain rather than spinal cord compression. Following some improvement in her symptoms, she was discharged home.
A missed opportunity
Medical experts later concluded that this was the crucial missed opportunity to diagnose and treat Shauna’s developing CES. Given her known spinal pathology, reduced sensation in both lower limbs and significant urinary retention, it was alleged that she should have been referred urgently for neurosurgical assessment. The failure to make that referral was considered a breach of duty.
A short time later, Shauna returned to hospital after a fall at home. She was suffering from severe back pain and urinary incontinence. Further investigations confirmed that a prolapsed disc was compressing the cauda equina nerve roots. Emergency decompression surgery was subsequently carried out.
Unfortunately, by the time surgery took place, Shauna had suffered permanent neurological damage.
Lasting impact
As a result of the delayed diagnosis and treatment of CES, Shauna was left with permanent neurological injuries affecting her bladder, bowel and day-today function. She also experiences ongoing weakness, sensory loss, balance problems, chronic neuropathic pain, muscle cramps and fatigue. These life-changing symptoms have had a profound impact on her independence, mobility and overall quality of life.
Following a detailed investigation, legal proceedings were issued after the Defendant declined to accept responsibility for the care provided. The claim focused on the missed opportunity to recognise the signs of cauda equina syndrome (CES) and arrange urgent specialist assessment and treatment before permanent neurological damage occurred.
As a result of the delay in diagnosis and treatment, Shauna’s life has been permanently and profoundly affected.
She now lives with bladder and bowel incontinence, a complete loss of sexual function, severe neuropathic pain and foot drop. The foot drop has led to the development of a persistent foot ulcer, which has struggled to heal. Shauna also experiences significant mobility difficulties, leaving her ability to walk severely restricted and affecting many aspects of her independence and day-to-day life.
Pursuing justice and accountability
At Enable Law, we understood that this claim was about far more than financial compensation. It was about securing answers, accountability and recognition of the devastating impact that the failures in Shauna’s care had on her life and future.
With the support of our specialist medical negligence team, Shauna pursued a claim that sought to acknowledge the full extent of her injuries and the challenges she continues to face. We worked closely with her throughout the process, ensuring her voice was heard and her future needs were fully understood.
The outcome
The claim ultimately settled for £1 million, providing compensation for:
- Past and future care and support needs
- Past and future loss of earnings
- Rehabilitation, therapies and specialist mobility equipment
- Future accommodation needs arising from her disabilities
While no amount of compensation can undo the harm Shauna has suffered, the settlement provides greater financial security and access to the care, support and resources she will need in the years ahead. Most importantly, it represents recognition of the failures in her care and the life-changing consequences of the delayed diagnosis.
What to do if you are concerned about negligent spinal treatment
If you believe the following, you may wish to seek specialist legal advice:
- Your spinal surgery was performed negligently
- The surgery was avoidable or unnecessary
- Your post-operative care fell below an acceptable standard
At Enable Law, we have extensive experience in handling complex spinal injury and spinal cord injury claims. We understand the life-changing impact these injuries can have and are committed to helping you rebuild your life and secure the care, support and financial stability you need for the future.
To speak confidentially with Morgan Lister or another member of our specialist medical negligence team, call us on 0800 044 8488 or fill in our contact form so a member of our team can call you back at a time convenient for you.
