Claimant awarded £225,000 in negligence claim relating to cauda equina

Clare Thompson, Partner, and Head of our Clinical Negligence team at Hay & Kilner, acted on behalf of a client who was awarded compensation of £225,000.00 in March 2023.

Clare was instructed by the Claimant to investigate a potential clinical negligence claim following multiple failures to recognise symptoms suggestive of cauda equina syndrome and to refer the Claimant for urgent treatment accordingly. Supportive expert evidence was obtained from a General Medical Practitioner and a Consultant Spinal Surgeon.

A detailed Letter of Claim was served on the two Defendants alleging numerous breaches of duty, including a failure to refer the Claimant to hospital and a failure to perform surgery in a timely manner, which would have resulted in the Claimant avoiding the residual symptoms from which she subsequently suffered.

Following receipt of the detailed allegations, the Defendants agreed that an earlier referral and opportunity for earlier treatment was missed but argued that the outcome would have been the same, irrespective of the earlier treatment. In light of the Defendants’ responses, legal proceedings were issued.

The Claimant obtained quantum evidence in the fields of psychology, neurological rehabilitation, occupational therapy, colorectal, pain management, accommodation, orthotics, spinal surgery and urology.

Following a Round Table Meeting in February 2022 and subsequent extensive negotiations, a settlement was reached. The case settled for £225.000. The Claimant was extremely pleased with this result and was excited to move on with her life, anticipating opportunities she did not believe to be possible before the settlement award.

If you have suffered as a result of clinical negligence, please contact Clare Thompson, Partner in our clinical negligence team on 0191 232 8345.