‘Max’, a man in his 30s

Max was only 32 when he was diagnosed with permanent cauda equina syndrome, a spinal injury that can leave sufferers extremely debilitated. For Max, the consequences of his diagnosis included being unable to walk unaided, becoming doubly incontinent and the total loss of his sexual function. It did not need to be this way however, and with the correct treatment Max would have made a full recovery. Jodie Miller, a partner at JMW specialising in spinal injuries caused by medical negligence took on Max’s case and was successful in securing £2.85 million in compensation so that he had the financial means to cope with his disabilities.

What went wrong?

Max had a history of back pain and this became more consistent by the time he was aged around 30, although it was not present all the time. Max’s condition was relatively well managed with strong pain relief medication.

Events took a turn for the worse one morning, when Max awoke to find he was experiencing strange sensations in his left leg and saddle area. He had planned to go out that day and while getting into his car felt his back go, causing him to fall to the floor and cry out in pain. All the power in Max’s legs and he felt unable to move so an ambulance was called.

When the paramedics arrived, they examined Max and then took him to the local district hospital. Max had to wait for many hours before even being triaged. During this time Max found that he was struggling to pass urine, which he reported to the nurses, along with the strange sensations in the lower half of his body.

It was 7pm before Max saw a doctor, and while he was waiting, he had had an episode of bladder incontinence. The doctor said that they were trying to find a bed for Max and had tried to contact the region’s specialist spinal hospital but had been unable to get through.

It wasn’t until nearly 11pm that night that Max was given a bed in the orthopaedic ward. He still could not pass urine, nor open his bowels, the odd sensation in his saddle area was getting worse and he also could not feel or move his foot. At one point a doctor mentioned the possibility that Max had cauda equina syndrome, but added that he would have to wait to have this confirmed.

It was not until 11.30am the following morning that Max underwent an MRI scan to see what was happening with his spine. The scan revealed that there was a large bulging disc at the base of Max’s spine that was putting pressure on his cauda equina nerves and this was causing all his worrying symptoms. The clock was now ticking to ensure Max underwent emergency surgery to relieve the pressure and stop him from deteriorating further. Doctors tried to contact the specialist spinal hospital to discuss these results and ask for advice on the necessary nest steps. However, their calls went unanswered.

It was nearly 4pm when contact was made with the specialist spinal hospital and it was recommended that Max be transferred so that he could have the surgery. While awaiting this, Max continued to deteriorate. His lower abdomen was very swollen and uncomfortable due to him not being able to pass urine and he had further episodes of incontinence.

It was 3.45am the following morning when Max was transferred. Staff at the spinal hospital tried to insert a catheter into Max’s bladder to drain some of the urine, but this was not done properly causing pain and leakage. Max was prepped for the operation but was left waiting all day due to a shortage of staff. A doctor told Max that he was extremely unhappy and concerned about the delay.

It was almost 11pm when Max underwent the surgery, however his symptoms did not improve and an MRI scan showed that his cauda equina nerves were still being compressed. Max had to undergo a second operation a week later. Sadly, surgery was attempted much too late to prevent permanent damage to Max’s cauda equina nerves.

Max made a very poor recovery and has severe and permanent pain in his legs and lower back area. Max’s mobility is very poor and he requires the use of crutches indoors and a mobility scooter for longer distances outdoors. He also has no bowel and bladder control and relies on catheters and laxatives. Max also has no sexual function and this has caused him great shame and a feeling of hopelessness about his future.

Unsurprisingly, Max’s mental health has severely declined due to the tragic events he faced and their catastrophic consequences.

JMW’s investigation

Max contacted the cauda equina specialist solicitors at JMW for advice and his case was taken on by partner Jodie Miller. After listening to Max’s story and analysing his medical records, Jodie believed the hospitals’ care was negligent and that this had denied Max surgery when there was still a possibility that he could escape permanent damage. Jodie instructed the best independent medical experts to prepare reports that could be used as evidence and help Max to win his case.

The case built by Jodie centered around the failure of the specialist spinal hospital to advise the district hospital that an immediate MRI scan was required. The scan was not carried out for many hours despite Max having the red flag signs of cauda equina syndrome and this being an emergency situation.

Following this, the specialist spinal hospital delayed the urgently-needed surgery for several more hours even though the diagnosis of cauda equina syndrome had been made.

Jodie was successful in bringing a claim against the hospitals involved and Max was later awarded compensation that totalled £2.85 million. This will allow Max to move into a larger, adapted house so that he can have more independence at home. It will also allow him to be able to afford the therapy he needs and achieve some financial security given he is now unable to work.

Jodie Miller, a partner at JMW specialising in spinal injuries cause by medical negligence, said: