Claim against GP for failure to diagnose a man's Cauda Equina Syndrome
Medical negligence lawyer Adrian Desmond led a team that secured a High Court judgement for a 40 year old man suffering from cauda equina syndrome (CES). The claim was brought against a GP following a failure by him in 2007 to diagnose and refer for this rare but devastating condition which presents with severe low back pain, sciatica, saddle and genital sensory deficit and bladder, bowel and sexual dysfunction.
After High Court proceedings were started, admissions were made by the GP's solicitors about medical negligence but the case was defended on the basis that by the time the GP was negligent the damage had been done - i.e. that he had been negligent but no injury had resulted from that negligence.
The case therefore proceeded through the Court timetable with a trial listed for July 2010 until in January 2010 the GP through his solicitors conceded that the damage would have been avoided enabling Judgment to be entered against him.
The injuries to our client are very significant and the case will now move on to valuation. It is likely to be worth a high six figure sum.
A letter of apology was received from the GP.
Commenting on the case, Adrian Desmond said: "Cauda Equina Syndrome is a rare condition with a very nasty outcome and a high medico legal profile. We have investigated and concluded 5 such cases in as many years. It is disappointing that the GP fought the case for as long as he did and the costs of doing so will be considerable. The case was funded by a no win no fee agreement which fully protected the client against the risks of losing the case. It was refreshing to receive the letter of apology - after all, Doctors do not qualify to damage people. On the other hand the admission did not come quickly, although it is hard to know if that was a decision of the Doctor or the lawyers and experts advising him."
Consistent with our policy when giving comment and advice on a non-specific basis, we cannot assume legal responsibility for the accuracy of any particular statement. In the case of specific problems we recommend that professional advice be sought.
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