Moosa-Duke Solicitors secured a large 6 figure settlement for a man who suffered Cauda Equina Syndrome after a failure to arrange an emergency MRI scan, despite deteriorating red flag symptoms.

Mr X had a long history of back pain. Mr X suffered a flare-up of  back pain and reduced mobility in September 2013. Mr X consulted his GP, complaining of moderate pain in the lower back, both buttocks and down both legs.

His GP told MR X to come back if his symptoms deteriorated and prescribed pain killers. On 8 November 2013 Mr X attended an Osteopath complaining of pain in the back and lower legs. Mr X attended weekly but the back and leg pain continued and then worsened. On 10 December 2013 Mr X saw the GP complaining of sciatica in both legs. The GP prescribed further painkillers and arranged an MRI scan.

In the evening of 23 December 2013 Mr X noticed difficulty passing urine and getting an erection. He also noted reduced sensation around his anus.

On the morning of 24 December 2013, Mr X noticed the pain had progressed and he was suffering from shooting pains down his legs into his calves with pins and needles. He noticed reduced sensation around his bottom and groin and difficulty urinating. Mr X attended his GP. The GP carried out an examination and noted reduced anal tone, saddle anaesthesia and difficulty urinating.

The GP telephoned the hospital to arrange an orthopaedic assessment and expected an MRI scan would be done.

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The Critical Delay:

Mr X attended hospital on 24 December 2013 and was seen by a junior doctor. Mr X advised the doctor of his symptoms. The junior doctor discussed the case with her registrar (who did not examine Mr X) and she then performed an anal tone test. Having determined Mr X had normal anal tone, an MRI scan was not arranged. MR X was told he was suffering from back pain and was sent home. Mr X remained in severe pain over the Christmas period. He continued to suffer with numbness and by the new year he had experienced episodes or urinary incontinence.

On Friday 3 January 2014 Mr X finally underwent the MRI scan which his GP had requested on 10 December 2013.

On 6 January 2014, Mr X was contacted by his GP advising that the MRI report showed an L4/5 central disc protrusion. Mr X was urgently assessed and diagnosed with Cauda Equina Syndrome. Spinal decompression surgery was performed the next day.

Mr X was left with the following symptoms/restrictions:

• Bowel incontinence.
• Urinary incontinence.
• Sexual dysfunction.
• Neuropathic pain causing electric-shock sensation in both legs.
• Low back pain and stiffness.
• Motor weakness of both feet which is brought on by walking.
• Balance disturbance.
• Fatigue.
• Psychiatric illness.

Mr X was married with two young children and was left with significant ongoing limitations and a greatly, diminished his ability to work. MR X successfully brought a claim for the delay in diagnosis of Cauda Equina Syndrome, achieving a large 6 figure settlement.

Moosa-Duke Solicitors are specialists in clinical negligence law with extensive experience of handling Cauda Equine Syndrome cases.

If you believe that you or a family member have been a victim of negligence, due to private or NHS treatment, or require representation at an Inquest please do not hesitate to contact us on 0116 254 7456 to discuss your concerns or email enquiries@moosaduke.com