‘Carol’, 54

Carol attended A&E with red flag symptoms of cauda equina syndrome but was discharged by the orthopaedic team.

Mark Havenhand, partner in JMW’s clinical negligence team, took on the case and was able to secure a settlement of £1.15 million which will enable Carol to adapt to living with cauda equina syndrome.

What went wrong?

Carol initially attended A&E with red flag symptoms of cauda equina syndrome, namely altered sensation when passing urine, altered sensation to her buttock and thigh and no anal tone, as well as altered sensation when wiping.

The A&E medical team rightly suspected cauda equina syndrome and transferred Carol to the orthopaedic team. However, the orthopaedic team didn’t share the same concerns and discharged Carol, sending her home with pain killers.

Two days later, Carol attended A&E again as her condition had deteriorated. Her medical history was noted, and an MRI scan was performed. The findings of the scan revealed cauda equina syndrome and Carol was transferred via an ambulance to a neighbouring hospital for emergency surgery.

Due to the delay in the surgery, Carol is now left with typical neurological symptoms of cauda equina syndrome including impaired bladder and bowel function, sexual dysfunction, neuropathic pain and consequent mobility problem, all of which would have been avoided with earlier surgery.

JMW’s investigation

Carol was concerned that negligent treatment by the orthopaedic team, who assessed her, had resulted in the delay in her spinal operation, so she contacted JMW for advice.

Mark Havenhand, was able to formulate a strong case alleging negligent care supported by the instruction of independent medical experts. The Trust continued to deny liability throughout the whole case, even obtaining covert surveillance to try to demonstrate that Carol’s condition was not as severe as claimed. However, all experts instructed in the case concluding that Carol was entirely genuine.

A settlement of £1,150,000 was negotiated for Carol. This will help her to purchase specialist mobility aids and alternative accommodation as well as providing support through ongoing therapies to help her adjust to living with these life changing injuries.