I wanted to start this post to make a point really because we talk of how rare Cauda Equina Syndrome is but let us not confuse it with being so rare that it is hardly known because that isn't the case at all.
Is this 'rare' Spinal Cord Injury so rare that we can forgive the medical experts for missing it, misdiagnosing it? Heck no because no matter how rare CES is, it is very known in the medical world and so much so that in this country ( UK ) that if you make an emergency call or out of hours service, the operator will run through the 'Red Flags' signals for CES.
They would be alerted to take action so really, a doctor who has the ability to examine also, should certainly not misdiagnose- it is a fail in their duty of patient care which is serious with serious implications.
In a Court of Law being rare would not be accepted by a Judge either.
Agree, as an attorney in the US that has had over 60 of these cases, the issue is what is the standard of care required and would it have made a difference in the outcome. Cauda Equina, while not very common, is common enough that er doctors or orthopedic doctors should spot it and operate as emergent surgery.
Then an issue that arises is, would a diagnosis at the time you saw the doctor have made a difference. Our experience is that, based upon generally acceptable medical opinion, backed up by scientific studies, is the window is approx 24-48 hours to have the surgery. If you went to a doctor for your backpain after 48 hours, depending on the circumstance, it may be difficult to prove your case.
This is different when a pain management specialist causes the CES vis improper technic or solution.
Of course every case is different and I am speaking in generalities. If you think you have a case you should contact an attorney experienced in this area.
Agree, as an attorney in the US that has had over 60 of these cases, the issue is what is the standard of care required and would it have made a difference in the outcome. Cauda Equina, while not very common, is common enough that er doctors or orthopedic doctors should spot it and operate as emergent surgery.
Then an issue that arises is, would a diagnosis at the time you saw the doctor have made a difference. Our experience is that, based upon generally acceptable medical opinion, backed up by scientific studies, is the window is approx 24-48 hours to have the surgery. If you went to a doctor for your backpain after 48 hours, depending on the circumstance, it may be difficult to prove your case.
This is different when a pain management specialist causes the CES vis improper technic or solution.
Of course every case is different and I am speaking in generalities. If you think you have a case you should contact an attorney experienced in this area.
Hope this helps.
Lisa Levine Esq. weston, fl
Thankyou levinelaw , I did sue the National Health Service in the UK and my doctor's admitted negligence after a 5 year battle. Can I just say though that backpain is not the key factor for the criteria assessment of CES, therefor I may have to disagree with you somewhat although I do understand the principle that you are coming from.
There is a window of opprtunity with CES and yes it is basically within 48 hours of the onsett of the red flag signals, so in addition to back pain a doctor would not be quite failing in his duty if you tried to sue him/her for missing CES when presenting with simply backpain.
It would be expected that you would be presenting with a change in the pain from pain in one side to bilateral pain, plus weakness in the saddle area/legs and/or numbness. The significant effects of CES are progressive and the bladder function is often last to become affected, after the bowels.
So the sooner emergency surgery happens, the more chance of less damage, the window of opportunity, to be fully effective would take an efficent doctor to pick CES up at the onsett or suspect it and look for it over the course of the subsequent days and make a decison asap to go for a MRI scan which will show what is really going on, it is an emergency situation.
Many people who are misdiagnosed, are presenting other red flag symptoms, this is where negligence, a fail of duty occurrs because it isn't reasonable for it to be missed on any account but a doctor will be forgiven for not suspecting CES who is presenting with backpain alone.
But to go back to your initial point, if someone waited to go to the doctor after developing several red flags to the degree that surgery won't even make a difference, it si unlikely that a case will be successful. The defence will make it very very difficult to pin accountablity on a doctor but it is possible with perseverence and a damn goo solicitor/lawyer.
Thankyou for posting the link vintage,it is very interesting to see the differences between the two countries. I do feel that it is a more difficult job proving medical negliegence in the UK but I was fortunate, I kept my eye on every step of the case.
There was no way that these guys were going to just walk away from what happened to me whilst I no longer had the luxury of doing the same.
I found that being a Tarot reader was very helpful and informative, it helped me to see inbetween the lines of what was happening and I could intervene when I needed to at the right time and know what to do.
I wanted to start this post to make a point really because we talk of how rare Cauda Equina Syndrome is but let us not confuse it with being so rare that it is hardly known because that isn't the case at all.
Is this 'rare' Spinal Cord Injury so rare that we can forgive the medical experts for missing it, misdiagnosing it? Heck no because no matter how rare CES is, it is very known in the medical world and so much so that in this country ( UK ) that if you make an emergency call or out of hours service, the operator will run through the 'Red Flags' signals for CES.
They would be alerted to take action so really, a doctor who has the ability to examine also, should certainly not misdiagnose- it is a fail in their duty of patient care which is serious with serious implications.
In a Court of Law being rare would not be accepted by a Judge either.
Lara, thank you for starting this thread.
I assume you are talking about non-traumatic CES probably caused by degenerative disc disease. But do you have any experience with traumatic CES, also?
The outcome (symptoms) are the same. But when I was in rehab there was a distinct difference how patients were treated. I do not refer to the medical treatment. I relate to the way how patients are informed about their injury. Some are well informed. Others don't get any information about anything.
My injury was tramatic, and it was not CES, yet I really didn't get supportive information. The two therapists assigned to me were unhelpful, pushy, and critical. I asked the hospital to replace one of them, and they did. The replacement was a kind, young, Asian woman, but it was "too late", and my services were soon terminated.
I wonder if, in the case of non-traumatic CES, maybe everybody thinks that somebody else must have already covered the information; whereas with a tramatic injury, it would be obvious that "this is your first rodeo".
My injury is partially non-traumatic and partially traumatic. So that's why I wonder if there is a difference in treatment or support of non-traumatic or traumatic conditions.
I was badly treated when I had surgery in 2005 (DDD L5/S1). Treatment was even worse after my car crash in 2016. Rehab was terrible, too.
On the other hand I also saw patients getting support in an exemplary manner.
I read where some people get great therapy, but I've had mostly bad experiences with it. Aside from the one nice Asian-descent lady, there was also a very kind East Indian gentleman who gave me a couple of sessions at a nursing home. He genuinely tried to see what I had left physically. He made the comment that my leg was not flacid,...that it has tone, and that was more information than any of the other therapists had given me about my condition.