Claim for delay in diagnosing cauda equina syndrome helps a young family

The Story

Steve* suffered a cauda equina injury after going to his GP on multiple occasions with symptoms of buttock pain, sciatica, numbness in his feet and perineum. These symptoms should have prompted the GP to refer Steve to hospital as an emergency for surgical intervention.

The details

Despite displaying ‘red flag’ symptoms, cauda equina syndrome was not considered and Steve’s symptoms worsened over the coming days. He was in agony and started to have bladder accidents. Steve called and an ambulance and was admitted to hospital, where he underwent surgery to remove a disc in his spine that was pressing on his cauda equina (an area at the base of the spinal cord where there is a bundle of nerve roots). Because of the GP’s delay in referring him, some of Steve’s symptoms became permanent. If he had received earlier treatment, the evidence of our expert proved that he would have had a very good outcome, and most likely would have continued to live his life as normal.

The impact

As a result of the negligence, Steve developed urinary and bowel incontinence, meaning that he continued to have accidents. As a young, working father, this was extremely embarrassing and difficult for him. He had to change his working pattern and location so he could be near a toilet or leave early if he needed to. He was also concerned about the possibility of having to change jobs, as it would mean having to explain his symptoms to a new employer. His condition also affected his social life, he had to take medication and wear incontinence pads because he was anxious about having accidents in public.

Steve also continued to have pain and numbness in his legs, back side and feet, making it difficult to walk longer distances, stand for long periods or do any activity which involved lifting, bending or heavy physical work. With time, hard work and therapies, Steve has been able to return to some of his day-to-day activities, such as working, contributing to household chores and looking after the children. However, he still relies on a lot of support from his wife.

Steve has reduced sensation in his genital area which means that he is unable to be intimate with his wife. This has put a strain on his relationship and is difficult for Steve, as a young man, to come to terms with.

How we helped

Steve instructed the Serious Injury team at Fletchers to investigate the claim on his behalf. Although the GP denied any negligence, we were able to settle Steve’s claim and achieve a six-figure sum in compensation.

The damages helped to compensate Steve for what he had been through, and to cover the money he paid on medical treatment and therapies, and aids and equipment. The compensation figure was calculated to include funding for the care and assistance Steve would need in the future, and to provide financial security for him and his family should he lose his job due to his disabilities. The settlement also allowed Steve to undergo private treatment for his bowel and bladder incontinence and therapies, such as orthotics and physiotherapy, which could help improve his pain and mobility. Steve was also able to claim for counselling, given the impact of his injuries upon his mental health and his relationship with his wife.

Although no amount of money would ever be enough to turn back the clock for Steve, or to compensate him for his injuries, he was pleased with the outcome of his claim. He was able to contemplate the future more positively, knowing that he was able to support his family financially and also to seek private treatment for his ongoing health problems.

*name altered for anonymity purposes