Cauda equina syndrome negligence claims: delayed diagnosis and treatment

Blurred hospital waiting area with a surgeon walking along the corridor

Medical Negligence Consultants is a claims management company regulated by the Financial Conduct Authority (FCA). We offer a free, confidential assessment if you think cauda equina syndrome was missed or diagnosed late in England or Wales. If your enquiry is suitable, we refer it to the specialist solicitor on our panel who best suits your needs.

Request a call-back or call 0800 612 4970.

Urgent medical warning: New bladder or bowel problems, numbness around the genitals or bottom, or rapidly worsening leg weakness can indicate cauda equina syndrome. Seek emergency medical assessment immediately; do not wait for a claims assessment.

Can I claim for delayed diagnosis of cauda equina syndrome?

You may be able to claim if healthcare staff failed to recognise the warning signs of cauda equina syndrome (CES), failed to arrange an urgent MRI scan, or delayed surgery, and the delay caused harm that prompt treatment would probably have avoided. CES is a surgical emergency. Delays can leave permanent problems with bladder, bowel, sexual function and mobility. A solicitor assesses whether a claim has reasonable prospects.

What is cauda equina syndrome?

The cauda equina is a bundle of nerves at the base of the spine. When it is compressed, usually by a disc herniation, tumour, infection or bleeding, it can cause serious and sometimes permanent damage. For related NHS advice, see NHS information on sciatica and emergency warning signs.

Warning signs that should lead to urgent assessment

Back pain with any of the following may indicate possible CES and requires urgent clinical assessment, often including emergency MRI:

  • Numbness or altered feeling around the genitals, buttocks or inner thighs (saddle numbness)
  • New difficulty passing urine, loss of urge to pass urine or loss of bladder control
  • Loss of bowel control or loss of sensation when wiping
  • Reduced sexual sensation or function
  • Weakness, numbness or pain in one or both legs, particularly if getting worse

How CES negligence can happen

  • Red flags not asked about or not recorded. Staff do not ask about bladder, bowel and saddle sensation in a patient with back pain.
  • Inadequate examination. An appropriate neurological examination is not carried out or recorded. The examination required depends on the presentation; a normal anal tone examination cannot reliably exclude CES.
  • MRI scan not arranged urgently. A patient with suspected CES is sent home, told to wait for an outpatient scan or given painkillers instead.
  • Misreading an MRI. Compression is missed or not escalated.
  • Delay in transfer. A patient is kept in a hospital without a spinal surgery service instead of being transferred when clinically indicated.
  • Delay in surgery. Decompression is not carried out promptly once CES is confirmed.
  • Problems after spinal surgery. New symptoms after an operation are not investigated urgently.

What does a CES claim have to prove?

  1. Breach of duty. The care fell below the standard of a reasonably competent clinician.
  2. Causation. The delay made your outcome worse. Timing is central in CES cases. Your solicitor and medical experts will look closely at when symptoms started, when they were reported, what treatment was indicated and when it happened.

What can compensation cover?

  • Pain, suffering and loss of quality of life, including loss of bladder, bowel and sexual function
  • Loss of earnings and future earning capacity
  • Cost of care, aids, continence products, therapy, home adaptations and specialist support
  • Other reasonable out-of-pocket costs

We cannot promise a result or an amount.

How long do I have to claim?

In England and Wales the usual time limit is three years from the date of the negligence, or from the date you first knew it had caused harm. For children, the three years generally start on their 18th birthday. Different rules can apply where someone lacks mental capacity. Do not delay.

What information helps?

You do not need documents to start. It helps if you can tell us:

  • When your symptoms started and how they changed
  • Who you spoke to (GP, 111, A&E, physiotherapist or spinal team) and what you were told
  • When you had a scan, and when you had surgery if you did
  • What problems you live with now

Your solicitor will request your medical records.

How Medical Negligence Consultants helps

  1. Tell us what happened. Request a call-back or call 0800 612 4970.
  2. We assess your enquiry. This is free and confidential.
  3. Referral to the right solicitor. We have a panel of specialist medical negligence solicitors. If your enquiry is suitable, we refer it to the one who best suits your needs. That solicitor advises you and manages the claim.

Medical Negligence Consultants is not a law firm.

Cauda equina syndrome claims: common questions

What is the time limit for a cauda equina claim?

Usually three years from the date of the negligence or from when you first knew it had caused harm, with different rules for children and for people who lack mental capacity.

Is it negligent to send someone home with back pain and bladder problems?

It can be. Back pain with bladder, bowel or saddle symptoms should prompt urgent assessment and usually an emergency MRI. Whether a particular decision was negligent depends on the facts, which a solicitor and medical experts review.

Does it matter how long the delay was?

Yes. The length of delay, and the stage your symptoms had reached when treatment happened, are central to whether the delay caused your harm.

Can I claim if the problem began after back surgery?

Possibly. If new symptoms after a spinal operation were not investigated promptly, there may be grounds for a claim.

Does it cost anything to find out?

Our initial assessment is free and confidential. If we refer you to a solicitor, they will explain how any claim is funded.

General information only, not legal advice. Medical Negligence Consultants (Flybell Limited t/a Medical Negligence Consultants) is a claims management company authorised and regulated by the Financial Conduct Authority, FRN 836324.

Back to Additional Negligence

Request a call-back

Simply complete this form and one of our experts will be in touch to discuss your case.

Our friendly team are on hand 9am – 9pm, 7 days a week to answer any questions and help you achieve the justice that you deserve. Please don’t hesitate to give us a call…