£145,000 Compensation for Cauda Equina Medical Negligence

How Simpson Millar Helped

Mrs B contacted our Medical Negligence Solicitors and we accepted instructions to investigate the case. We proceeded to instruct medical experts from various disciplines to prepare reports assessing the standard of care provided to our client, the extent to which her current injuries were attributable to the treatment received and what her condition would have been, but for the alleged negligence.

Our medical expert stated that the orthopaedic doctor had failed to pay sufficient attention to the medical history given by Mrs B on the day she presented at A&E, and specifically did not act on the history taken by the GP who had examined her earlier that day, who recorded a partial left sided saddle block. Our medical expert advised that Mrs B should have been referred for an emergency MRI scan, which would have resulted in surgery being performed two days earlier.

With regards to the consequences of the delay, our medical experts advised that had the surgery been performed 48 hours earlier, Mrs B would not have developed any of the sequelae related to her bowels or bladder and on balance, her function would have returned to normal.

With the benefit of supportive medical evidence, a Letter of Claim was sent to the Defendant  detailing the significance of the red flag symptoms which Mrs B had reported and outlining that as a result in the delay of diagnosis and provision of treatment, her condition and symptoms were worse than they would have otherwise been.

Whilst the Defendant initially denied liability, Court proceedings were issued which eventually resulted in a formal admission - that the hospital had not recognised the two-day history of red flag symptoms when the Claimant had presented to their A&E department.

The Outcome 

Following further investigations as to the impact the injury had on Mrs B and her life, a settlement was reached with the Defendant. Mrs B happily accepted a sum of £145,000.00 and will use this to said her recovery and live a life of good quality.

How Simpson Millar Can Help Your Cauda Equina Medical Negligence

Medical negligence occurs when doctors, nurses or other healthcare professionals fail to provide reasonable care to you. They have breached their duty of care to you. They might make serious mistakes that harm you, or exacerbate an existing condition you have. 

In our case above, it caused severe detriment to the client’s existing injury, by not being identified on time. The orthopaedic doctor failed to pay sufficient attention to the medical history given by Mrs B on the day she presented at A&E, and specifically did not act on the history taken by the GP who had examined her earlier that day, who recorded a partial left sided saddle block. She should have been referred for an emergency MRI scan, which would have resulted in surgery being performed two days earlier. The failure on behalf of the orthopaedic doctor put Mrs B in a worse position than she would have been, with accurate diagnosis and treatment at the appropriate time.

For medical negligence to be proven, it must be established that ‘on the balance of probability’ that the care and/or treatment provided did not meet a reasonable standard that would be accepted by a body of reasonable opinion in that field of medicine, and that care and/or treatment caused your injury. 

Examples of medical negligence include:

• Injuries caused during surgery
• Delayed or incorrect diagnosis of a medical condition
• A healthcare provider giving you the wrong prescription
• Failure to warn you about the risks of treatment
• Not getting your informed consent before carrying out a treatment

There is an exponential rise in medical negligence in the UK, with the NHS having paid out £2.6 billion in clinical negligence compensation in 2022-2023. Find out if you have a claim today by calling 0808 239 6043 for a Free Claims Assessment and we can help you every step of the way.