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Claiming Compensation for Disability Due to a Herniated Disc

Claiming Compensation for Disability Due to a Herniated Disc

A herniated or prolapsed disc in the lower back can cause permanent and life-changing disability if it is not diagnosed and treated promptly. If this has happened to you, you might want to make a claim for compensation.

A herniated disc and the cauda equina nerves

Lower back pain can mean that the patient is developing a herniated disc. If this is in the region of the cauda equina nerves in the lumbar region of the back, it can also mean that the patient develops appalling lower body symptoms.

A herniated or prolapsed disc is an intervertebral disc in the spine where the inner gelatinous substance has pushed through the outer layer and is pressing on surrounding structures. If the cauda equina nerves become squashed as a result, many parts of the lower body may start to lose function.

A patient with complete cauda equina syndrome can suffer permanent bowel and bladder incontinence as well as sexual dysfunction and loss of mobility.

Claiming compensation for diagnosis delays

Such life-changing symptoms can reduce a person's ability to work and earn a living and, if the patient's situation is the result of a failure to diagnose their condition, it may be appropriate to make a claim for compensation.

A successful compensation claim can provide recompense for the patient's pain, suffering and financial losses including both past and future losses as well as the cost of care should that prove to be necessary.

A patient who is dependent on a wheelchair, for example, may need single-storey accommodation or significant alterations made to their home to enable them to carry out daily tasks such as washing and dressing.

Cauda equina syndrome diagnosis

A patient with a herniated disc may present to their GP with lower back and leg pain. It is important to know whether the patient is experiencing symptoms which suggest that the herniated disc is pressing on the cauda equina nerves. If this is the case, the patient might start to lose feeling and motor function in their bladder, bowel and legs.

If this is the case, the patient will probably need immediate surgery to decompress the cauda equina nerves before their condition becomes permanent.

If the patient receives prompt surgery, there is a good chance that they will recover lost function and make a good recovery. If, however, their condition is not diagnosed at an early stage, they may not undergo surgery until recover is less likely and their symptoms may become permanent.

Legal advice

If you or a loved one presented to your GP or Accident and Emergency facility with symptoms of cauda equina syndrome but your diagnosis was delayed, you may be able to make a claim for compensation for your on-going suffering.

Contact Glynns Solicitors, a specialist medical negligence legal practice with expertise in cauda equina syndrome.

Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.

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