CAUDA EQUINA SYNDROME - MEDICAL MALPRACTICE

The spinal cord ends at the level of the first lumbar vertebra and it is at this level that the four sacral nerves and five lumbar nerves emerge and run downwards. These two major groups of nerves are called the cauda equina and are the motor nerves which control movement and sensory nerves which also control the pelvic organs and are vital for the normal bowel, bladder and sexual function. Cauda Equina Syndrome (CES) arises when the nerves are compressed and damaged and is defined by a number of symptoms including low back pain, sciatica, muscle weakness of the legs, sensory disturbance, loss of function of the bladder and bowel and saddle anesthesia which is numbness or reduced feeling around the area that would sit on a saddle. CES can be caused by trauma, tumors, infection, spinal stenosis and disc herniation.

Cauda equina syndrome medical malpractice claims almost inevitably arise because of delayed or inadequate treatment for compression of the nerves in the lower spine or as a result of errors during surgery to relieve back pain or due to delay in treating blood clots after spinal surgery. This condition is generally treated as a medical emergency because delay in treatment can lead to permanent debilitating consequences the most severe of which is paraplegia. Urgent surgical treatment is necessary to restore bladder and bowel function which can also prevent further deterioration of function in the lower extremities.

To succeed in legal action for cauda equina syndrome medical malpractice it is necessary for a lawyer to show that it is more likely than not that their client has suffered injury which they would not otherwise have suffered but for negligent treatment by a health care professional. Treatment is negligent if a healthcare provider has fallen below the minimum standard of skill or care that the medical profession regards as reasonable in that particular area of the country. This includes not only doctors but also hospitals, clinics, dentists, nurses and technicians and any other party or body that undertakes to provide services to take care of patients sufficient to establish a duty of care. A doctor / patient relationship is usually sufficient to establish the existence of a duty of care. Even if negligence has been proved there are a number of hurdles that potential claimants must surmount in order to obtain compensation for injury. It is also necessary to show that the harm suffered by the patient was directly attributable to the healthcare provider’s negligent actions. This may be difficult as the patient was ill at the start of the treatment and assessing what part of the ongoing illness was due to the original problem and what part was due to the negligent treatment may be a daunting task. This is usually achieved by the use of expert evidence to show the natural progression of the underlying condition and what the outcome would have been if non-negligent treatment had been given, thereby establishing what difference the negligent treatment has made.

Doctors usually provide a high standard of excellence for their patients however there are occasions when things go wrong. We can get you the best representation available anywhere in the country for a cauda equina syndrome medical malpractice claim. Our lawyers deal with claims on a contingency basis which means they don’t get paid unless they succeed. If you would like free telephone advice from an expert just complete the contact form.

Mr David Markham, chairman of a major medical insurance group, who is also a consultant orthopaedic surgeon, urged doctors, health advisers, triage nurses and medical staff in emergency rooms to ensure they were aware of the condition and added: "This problem is an acute surgical emergency which occurs when a group of nerves at the base of the spine become trapped. It is an uncommon condition, rarely encountered by most doctors but once suspected it is not a difficult syndrome to investigate. Early diagnosis and urgent action is essential as failure to treat promptly always leaves the patient with permanent, severe, devastating disabilities and the doctor facing potential allegations of negligence which may be difficult to refute."