Cauda Equina Claims

Cauda equina syndrome can be caused in several ways, including negligence during surgery, or when medical professionals are not careful while administering anaesthetic. The injuries caused can include paralysis and incontinence, and severely affect the independence of those who suffer them.

This is where an experienced medical negligence solicitor like those in the Enable Law team will be able to help you make a claim for cauda equina compensation.

Nigel’s Story

Nigel underwent lumbar decompression surgery to alleviate persistent back pain.  After the operation he was found to have an injury to the cauda equina. This is the bundle of nerves at the bottom of the spinal cord. He was left with double incontinence (i.e. he cannot control his bladder or bowel), pain on standing or walking, fatigue and erectile dysfunction.  He relies on a catheter, which sometimes becomes infected and he suffers bowel pain.

His ‘cauda equina syndrome’ was not the surgeon’s fault: it is a known complication of his operation.  However, Nigel was not warned of this risk before agreeing to the operation and should have been. The surgeon did not discuss any other forms of treatments and brushed aside his concerns. He had very little time to make his decision and the surgeon wrongly advised that he needed surgery without delay. Had he been warned he would have been able to consider whether he really wanted the operation.

Patients Should be warned of risks

In the case of Chester v Afshar [2004] the courts decided that a patient should be properly warned of risks. If there was a failure to warn of something that then happened and the warning would have made the patient not have surgery then and there, he or she can recover damages.

We have therefore advised Nigel that he has a good case.

All names have been changed to protect the identities of the individuals