Physiotherapists fail to refer for MRI leading to permanent cauda equina syndrome - £1.75 million
Mark
Mark’s life was completely devastated by the failure of physiotherapists to recognise the symptoms of cauda equina syndrome and to refer him for an urgent MRI scan. As a result, Mark has been left with several distressing and disabling problems which include ankle weakness causing mobility problems, bladder and bowel incontinence, significant pain and loss of sexual function. Nothing could turn back the clock and ensure Mark received a prompt diagnosis and treatment. However, Angharad Hughes, a specialist cauda equina solicitor at JMW, was successful in obtaining £1.75 million in compensation for Mark so that he could cope with the financial consequences of his injury.
Start of ordeal
Mark had experienced back pain off and off for a number of years but it had never caused him any significant problems. However, when he experienced a very sudden onset of severe lower back pain he attended the A&E department of his local hospital. With pain relief and physiotherapy the pain subsided.
It was two years later when Mark’s back problem reared its head again, and again he underwent physiotherapy to address the pain he was in. Over the next couple of months, Mark began to experience new and concerning symptoms which included shooting pains in both legs, numbness in his saddle, groin and feet and pain at the bottom of his spine. Mark’s GP referred him to a specialist assessment clinic where he was seen about three weeks later.
When Mark attended the clinic he was given an examination by a physiotherapist to ascertain what treatment he needed. Mark told the physiotherapist that that morning he had experienced a bowel accident, however the physio told Mark this was nothing to worry about but to go to A&E if it happened again. The physio recorded Mark’s leg pain and groin numbness in his notes but did not recognise these as red flags of cauda equina syndrome requiring an urgent referral for an MRI scan.
Mark was then passed to another physio the same day to begin treatment who noted all the same symptoms but also failed to make a referral. Had either of these physios referred Mark for an MRI scan he would have undergone urgent surgery and not gone on to develop chronic cauda equina syndrome.
Collapse
Ongoing physiotherapy sessions were provided to Mark for several months, however this did little to improve his situation and the numbness was ever present. Eventually Mark was discharged from the service.
About a month later, Mark collapsed while attempting to move from sitting to standing one night due a spasm affecting his whole body. He could not feel his legs and his groin had gone completely numb. Mark called an ambulance and was taken to hospital, undergoing an MRI scan early the following morning. The scan confirmed cauda equina syndrome and surgery was carried out shortly after.
Unfortunately the surgery could not prevent permanent nerve damage from being caused and Mark made a very poor recovery.
JMW’s investigation
Mark was left in a terrible condition and rightly felt that he had been seen by medical professionals on a number of occasions yet had not received treatment until it was too late. Mark contacted the cauda equina syndrome specialists at JMW and his case was taken on by Angharad Hughes, a partner who has handled numerous similar cases.
After listening to Mark’s story and examining his medical records, Angharad identified that there were potential failures on the part of the physiotherapists by not referring him for an MRI scan after their first assessments. Angharad commissioned leading medical experts to give their independent opinion. The experts were in agreement that this had been negligent and that surgery at this time would have enabled Mark to make full recovery.
Angharad built a strong case for Mark and although the physiotherapists denied any wrong-doing, pressed on with the case and ultimately was able to achieve financial settlement.
Settlement
Mark was no longer able to work in the same role and had numerous care and equipment requirements. His condition will deteriorate with age and he requires help and support with many different parts of his life. Mark also suffers from depression due to the huge emotional toll having permanent cauda equina syndrome brought him.
Ultimately Angharad was successful in securing £1.75 million to cover the financial implications of Mark’s condition and for his pain and suffering.
It’s extremely frustrating to see medical professionals who should be aware of the signs of cauda equina syndrome failing to take the right course of action. Mark was left in a terrible state and there have been lifelong consequences. Physiotherapists can be involved in the treatment of patients from the onset of debilitating conditions and it is vital they fully understand the warning signs that an urgent hospital referral is needed
Get in touch
JMW Solicitors LLP is a leading Manchester law firm and offers a broad range of legal services to both commercial and private clients. To speak to someone please use our online enquiry form or call us on 0345 872 6666.
