A patient who suffered permanent injury as a consequence of a failure to diagnose and treat cauda equina syndrome, has recovered £1.65 million damages from a Health Trust and her General Practitioners. Cauda equina syndrome is a medical emergency which occurs when a herniated disc compresses the spinal cord leading to permanent nerve damage.
Having suffered complaints associated with back pain on and off for approximately 1 year, the patient suffered a deterioration in her condition in and around October 2017. The patient initially consulted her General Practitioner with primary care failing to relieve her symptomology. She attended the Emergency Department at her local Hospital where, it was admitted, she received substandard care. Due to continuing discomfort and pain, the patient sought assistance the following day and was ultimately referred to the Out of Hours General Practitioner Service. Once again it is alleged that the care that she received was inappropriate. The patient continued to consult with her own General Practitioner, pressing for further investigation of her complaints. Ultimately she arranged private MRI scanning which demonstrated a prolapsed disc in her lumbar spine which was causing cauda equina syndrome. The patient was referred urgently to tertiary care where she underwent emergency surgery to decompress the prolapsed disc.
The patient continues to suffer from symptoms associated with cauda equina syndrome, even after the surgery, including sensory deficit, chronic pain, foot drop, numbness affecting her left foot, buttock, perineum and leg, impaired balance and stability, bladder dysfunction and bowel dysfunction. Unsurprisingly, by reason of the physical symptoms, the patient has also suffered upset and distress affecting her mental health.
It was the patient’s case that the care that she received from her GPs, from the Emergency Department, and from the Out of Hours GP was substandard. It was her case that she had presented with symptoms which were consistent with a developing cauda equina syndrome and that the various Clinicians and persons responsible for her care failed to correctly recognise and diagnose her condition and, therefore, to treat accordingly. She alleged that due to that failure, she went on to develop permanent injury which would otherwise have been avoided had appropriate care been provided.
Cauda equina syndrome is a significant injury which causes permanent disability affecting health and quality of life. In this case it impaired the patient’s ability to work, and it necessitated care and therapy.
The injured party instructed Patrick Mullarkey of O’Reilly Stewart Solicitors in September 2019. After a full investigation of the care, including obtaining independent medical evidence to support the allegations of negligence, proceedings were issued on behalf of the Plaintiff and the claim was advanced in the High Court of Justice in Northern Ireland. The case was listed for trial, and on the eve of hearing, pursuant to detailed discussions between the legal teams, the case was settled between the parties for a payment, in damages, of £1.65 million. The Defendants also agreed to pay back to the Government all benefits received by the Plaintiff since the date of her injury. In addition to the payment of damages to the injured party, she also recovered the full costs of the action against the Defendants. It is to be noted that the Plaintiff had the benefit of a Civil Aid Certificate during the course of her action. The Plaintiff is grateful for the assistance provided to her in her claim by the Legal Services Agency Northern Ireland.
Damages were paid to the Plaintiff by both the Healthcare Trust responsible for the operation of the Emergency Department and the Out of Hours Service and by the Plaintiff’s General Practitioners. Payment was made without admission of liability on the part of the General Practitioners.
