One of the most devastating conditions with which our law firm deals is cauda equina syndrome. Cauda equina syndrome, or CES, is a neurological condition that may have a rapid onset. If it is not diagnosed and treated promptly, it can lead to permanent and life-altering injuries, such as paralysis, and bowel, bladder, and sexual dysfunction. Needless to say, when a patient’s CES is made worse by a failure to diagnose or treat, it may constitute medical malpractice.
No one who has suffered a serious injury due to medical malpractice can be fully compensated by a monetary award; most people would rather be in good health, able to work and enjoy their lives fully. Unfortunately, financial damages are the only way our court system has to try to make malpractice victims whole, so it’s important to try to determine what compensation would be fair in each situation. Here are several considerations that must be taken into account in arriving at a settlement or verdict.
The severity of a patient’s injury is obviously a major factor in compensation in a cauda equina syndrome case. In a relatively mild case, a patient might experience minor, temporary muscle weakness that makes it more difficult, but not impossible, to walk. They might also experience occasional incontinence, some loss of sexual sensation, and periodic discomfort.
In the most severe cases, patients may be in constant pain, completely and permanently paralyzed from the waist down, with the inability to control their bowel and bladder. This obviously has a profound impact on patients’ ability to care for themselves, support themselves, and enjoy a social life. The more severe and permanent the injury is, the greater a victim’s damages are likely to be.
The severity of an injury is related to economic damages: the more serious an injury, the more likely that a patient’s economic damages will be significant. These damages may include things like:
The items listed above are expenses that can be attributed to the increased severity of the patient’s CES due to delayed diagnosis or treatment.
Like economic damages, non-economic damages are likely to be higher the more severe the patient’s injury is. These damages, as the name suggests, are more difficult to quantify. It’s easy to see what someone’s medical expenses are by looking at a bill. It’s a bit harder to put a specific price tag on something like pain and suffering. Non-economic damages for cauda equina syndrome often include compensation for:
The degree of a medical provider’s responsibility for an injury can also affect compensation. For example, if a patient was experiencing textbook symptoms of cauda equina syndrome and sought help for them immediately, a negligent doctor might have greater liability than if the patient delayed seeking help and didn’t adequately describe their symptoms.
If a doctor is clearly shown to have breached their duty of care, leading to the injury, the patient may be entitled to greater compensation. On the other hand, if the defense shows that the injury was not entirely the doctor’s fault because the patient didn’t seek medical care promptly or ignored doctor’s orders, the case may be worth less (or nothing at all).
The coverage limits of a physician’s malpractice coverage can affect the amount of a settlement offer. An experienced medical malpractice attorney can help a malpractice victim understand the value of their case, whether a settlement offer is a good one in light of all the factors at play, and whether they should accept an offer or go to trial.
Medical malpractice cases are among the most complex of all types of injury claims. There are a lot of moving parts, even before the issue of damages (and compensation) is reached. Not only can the true severity of an injury be difficult to assess, but the question of causation is not always straightforward. The information needed to evaluate those issues is often highly technical and, for non-attorneys, difficult to access and interpret.
An experienced medical malpractice may not have all the answers—but they will know the right questions to ask. Your attorney will help you evaluate whether you have a claim worth pursuing for a cauda equina syndrome injury.
If you do decide to pursue a claim, your attorney will assess the strengths and weaknesses of your case and enlist respected expert witnesses to support your positions. For example, a medical expert might testify as to the standard of care and how your doctor breached it, causing your injury; an economic expert will be able to help identify and substantiate your economic damages, both today and in the future.
And, of course, your attorney will be able to organize the volumes of information in your case and use that information to advocate effectively on your behalf, whether in settlement talks or at trial.
To learn more about what is involved in a cauda equina syndrome malpractice case, or what you may be able to expect in terms of compensation, contact the Fraser Law Firm to schedule a consultation.
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