Cauda Equina Claims: Why Medical Evidence is So Important

Another problem is “groupthink”, with medical staff not wanting to challenge senior clinicians. And then during the case, another false preconception can appear, when the clinician under scrutiny doesn’t want to accept that they were wrong.

Two Versions of Events

Because of these preconceptions, clinicians often remember the same events very differently to you, so if a case has to be settled in Court, the judge has to choose between your evidence and your clinicians’.

The Courts understand that the human memory isn’t perfect and look to earlier cases, not necessarily Personal Injury Claims, for guidance on how people remember things. At the same time, medical records can be seen as the only “objective” record of what happened when the possibility of Cauda Equina Syndrome was being considered.

Even where these records appear incomplete in important respects, the clinicians’ legal team will often not accept any fact which isn’t clearly stated in your medical records.

This problem repeats itself for every disputed fact in your case, because no fact is accepted as true unless it’s clearly supported by a corresponding contemporaneous document.

Expert Medical Evidence Can Make the Difference

The more ambiguity there is in the factual evidence in your case, the greater the disagreement between each side’s experts. So your Medical Negligence Solicitor must use all their skill and expertise of Cauda Equina cases to work with you and minimise this.

That’s one reason why we may have to arrange more than one medical assessment for you, as we may need a wide range of evidence from different specialists to prove that mistakes were made with your treatment.

We have a strong track record of success in cases like this. For instance, we recently helped a lady in her late 60s access treatment including CBT and physiotherapy, as well as specialist aids, equipment and services, after medical errors left her with serious mobility problems and a loss of bladder and bowel function.

We used our expertise in Cauda Equina claims to assemble compelling evidence, using reports from a physiotherapist, a consultant orthopaedic spinal surgeon, a psychologist, a urologist and a care/occupational therapy expert, to prove that medical negligence occurred.

With this evidence, we were able to negotiate a settlement with the hospital trust responsible and arrange for her to get the care, support and rehabilitation she needed.