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Can I Sue If I Was Not Diagnosed With Cauda Equina Syndrome Quickly Enough?

on  Medical Malpractice

Yes! You can sue if your doctor did not diagnose your Cauda Equina Syndrome (CES) quickly enough. 

If you believe you were not diagnosed with Cauda Equina Syndrome quickly enough and suffered harm, you may have grounds to pursue a medical malpractice lawsuit. CES is a serious medical condition that requires prompt diagnosis and surgical intervention to prevent long-term disability or even death. 

An experienced Florida medical malpractice lawyer can prepare your claim and fight for justice. 

What is Cauda Equina Syndrome?

Cauda Equina Syndrome (CES) is a rare yet highly severe medical condition that arises from the compression of the cauda equina nerves, a bundle of nerve roots resembling a horse’s tail, which extends from the lower end of the spinal cord. This compression can be due to various factors, including herniated discs, tumors, spinal infections, or trauma.

Prompt recognition and intervention are essential to prevent permanent and often irreversible neurological damage. If a healthcare provider suspects CES based on the symptoms presented, they must act quickly. 

The primary treatment for CES is surgical decompression. This procedure aims to alleviate the pressure on the cauda equina nerves by addressing the underlying cause, such as removing a herniated disc or treating a tumor. The success of surgical intervention largely depends on how quickly it is performed after the onset of symptoms.

The urgency of CES diagnosis and treatment cannot be overstated. Delays in surgical decompression can lead to permanent neurological deficits, including paralysis, loss of sensation, and loss of bowel or bladder function.

What If My Doctor Failed to Diagnose Cauda Equina Syndrome?

Cauda Equina Syndrome is a rare but exceptionally severe spinal condition. Recognizing the symptoms, seeking immediate medical attention, and undergoing surgical decompression are pivotal steps in preventing permanent neurological damage and achieving the best possible outcome for individuals affected by this condition.

If you believe your doctor failed to diagnose your condition or didn’t act quickly enough, you may be able to file a medical malpractice claim holding them accountable. An experienced Florida medical malpractice attorney can guide you through the legal process and determine if you have a claim. 

Filing a Medical Malpractice Claim For Failure to Diagnose

To initiate a viable medical malpractice claim, you must first demonstrate that a healthcare provider breached the standard of care. In CES cases, this means showing that the healthcare provider failed to adhere to the accepted medical standards in diagnosing and treating the condition. 

Specifically, negligence in CES cases often involves:

  1. Failure to recognize symptoms and urgency
  2. Delayed diagnostic testing

Healthcare providers are expected to recognize the telltale signs and urgency of CES. Failure to do so can constitute a breach of the standard of care. 

To prove negligence in a CES case, you must provide evidence that the healthcare provider, whether it’s a doctor, nurse, radiologist, or another medical professional, acted in a manner that deviated from the standard of care. Negligence can take various forms, including:

  • Misinterpreting test results
  • Ignoring red flags
  • Failing to order diagnostic testing

Once your attorney has proven negligence and that the doctor owed you a duty of care, they must prove causation. They need to establish a direct link between the delayed diagnosis or treatment and the harm you suffered. In essence, they must prove that had timely intervention occurred, a better outcome or averted harm would have been likely. This often requires the testimony of medical experts who can attest to the importance of early diagnosis and treatment in CES cases.

Seeking Compensation for Cauda Equina Syndrome Failure to Diagnose

If your doctor fails to diagnose and treat your Cauda Equina Syndrome quickly enough, you may suffer a lifetime of disability and impairment. This can quickly add up and become a tremendous financial burden for you and your family. 

Patients diagnosed with Cauda Equina Syndrome (CES) may face substantial future care costs due to the long-term effects and complications associated with this condition. CES can result in permanent neurological deficits and ongoing medical needs. 

Patients with CES may require assistive devices like wheelchairs, walkers, or mobility aids. The cost of obtaining, maintaining, and upgrading these devices can be substantial. Some CES patients may need to modify their homes to accommodate their mobility needs. This can include ramps, wider doorways, or bathroom renovations for wheelchair accessibility.

Depending on the severity of their condition, some CES patients may require ongoing in-home care or assistance with daily activities such as bathing, dressing, and meal preparation. Patients who have lost bladder control may need regular supplies for catheterization, which can add up significantly over time.

In addition to long-term care expenses, your attorney can seek compensation for pain and suffering, emotional distress, loss of future earnings, and even loss of consortium. Your attorney will evaluate your specific case to seek maximum compensation for your losses. 

Hiring a Medical Malpractice Attorney To Represent You

When a healthcare provider fails to recognize the urgency of CES symptoms or delays the necessary diagnostic tests, it can result in life-altering consequences. Hiring a medical malpractice attorney to represent you is the next step towards moving forward in your life and recovering the compensation you need to handle your long-term medical needs. 

Why hire a Florida medical malpractice attorney? Medical malpractice attorneys understand Florida medical malpractice law, including CES cases’ unique requirements and complexities. You need someone with this unique knowledge to be an effective legal advocate.

Your medical malpractice attorney will conduct a thorough case evaluation and meticulously examine your medical records, diagnostic tests, and treatment history to ascertain whether the healthcare provider breached the standard of care. Establishing this breach is foundational to building a medical malpractice case in Florida.

At Prosper Shaked Accident Injury Attorneys, PA, our medical malpractice attorneys often collaborate with medical experts who can offer invaluable insights into the standard of care and whether negligence occurred. These experts play a pivotal role in corroborating your claims by explaining how the delayed diagnosis of CES directly contributed to your injuries and suffering.

In many cases, medical malpractice claims are resolved through negotiation or settlement. Our attorney will work diligently to secure a fair settlement that covers your medical expenses, lost income, pain and suffering, and future care costs. If your case cannot reach a fair settlement, our lawyers are not afraid to take your case to trial to help you achieve justice and the compensation you deserve. 

Contact Our Florida Medical Malpractice Attorneys

If you believe that your CES was not detected and treated early enough, you may have a medical malpractice claim. Filing a medical malpractice claim against your doctor isn’t easy without an experienced Florida medical malpractice lawyer on your side. 

At Prosper Shaked Accident Injury Attorneys, PA, we know how to pursue medical malpractice claims and help injured patients rebuild their lives. Contact our Florida medical malpractice lawyers today by calling (305) 694-2676 or filling out our confidential contact form. We will meet with you in a FREE consultation to help answer your questions and explore your legal options. Don’t wait – you deserve justice.