‘Chris’, 59

Chris, a 59 year old male, attended A&E with red flag symptoms of cauda equina syndrome.

Mark Havenhand, partner in JMW’s clinical negligence team, took on the case and was able to secure compensation of £500,000 which will enable Chris to adapt to living with cauda equina syndrome and help with the consequential financial loses as a result of negligent medical treatment.

What went wrong?

Chris presented to A&E with severe back pain affecting both sides of his back, as well as urinary, bowel and saddle sensory disturbance, all red flag signs of cauda equina syndrome.

An A&E doctor assessed Chris and booked him in for an MRI scan. However this was booked as an outpatient appointment instead of a same day scan, which meant Chris was discharged from A&E and sent home.

Over the next few days Chris’ condition worsened and when he finally received his MRI scan, at another hospital seven days later, his condition was diagnosed and he required emergency surgery. However, because of the delay, it was now too late for him to recover. The damage had been done and his symptoms were permanent.

As a result, Chris is left with the typical neurological symptoms of cauda equina syndrome, including neuropathic pain, sexual dysfunction and bladder and bowel dysfunction. His mental health has also understandably been affected.

JMW’s investigation

Four months after the event occurred Chris contacted JMW and his case was taken on by partner, Mark Havenhand.

After listening to Chris’ story, Mark established that although an MRI had been booked it should have been performed as an emergency given Chris’ symptoms were strongly associated with cauda equina syndrome.

Liability was denied throughout the case, with the hospital disputing Chris’ account of his symptoms. They also denied that Chris’ condition had been caused by their delay.

The case was scheduled to go to trial, however following an exchange of offers between the parties, damages in the sum of £500,000 were agreed, which will provide Chris with the option to implement the measures recommended by the experts to manage his symptoms better.