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      Can I make a cauda equina compensation claim?

      Cauda Equina Syndrome (CES) is a serious condition that occurs when nerve roots at the bottom of the spinal cord and lower back become compressed. This can cause major neurological problems — including loss of feeling or movement in the legs, difficulty controlling the bladder or bowels, and even erectile dysfunction.

      If your CES was caused by a medical professional’s negligence, you could get significant compensation through a cauda equina claim. This is a specific type of ‘medical negligence’ or ‘medical malpractice’ claim.

      A successful claim goes far beyond covering your medical expenses — it can include lost earnings, future care costs, and compensation for your pain and suffering.

      Below, you’ll find our complete guide to making a cauda equina medical negligence claim. If you’d prefer to speak with an expert lawyer right away, don’t hesitate to reach out. Our cauda equina lawyers are always here to listen to your story and talk through your options — completely free of charge.

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      Find out if you’re eligible for cauda equina compensation today.

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      How can medical negligence cause CES?

      Some of the most common examples of medical negligence that can lead to cauda equina syndrome include:

      • Failure to diagnose cauda equina syndrome promptly (or at all).
      • Incorrectly performing spinal surgery (e.g. damaging the nerve roots or operating on the wrong part of the spine).
      • Delays in ordering or interpreting MRI scans or other imaging.
      • Misdiagnosis of symptoms as less serious conditions (e.g. sciatica).
      • Failure to refer the patient to a specialist or for emergency treatment.
      • Delays in surgical intervention once cauda equina syndrome is suspected or confirmed.
      • Inadequate post-operative care or monitoring after spinal surgery.

      These are just a few of the cauda equina negligence cases we’ve helped clients with over the years. Don’t worry if you can’t see your situation above — if a medical mistake, delay, or lack of action led to your CES, there’s a good chance you’re entitled to compensation.

      How much compensation will I get?

      The amount of cauda equina syndrome compensation you receive depends on the particular facts of your case. For less severe cases or where the negligence wasn’t as extreme, payouts often range from $100,000 to $200,000.

      But if your condition has led to serious, life-changing issues (like major nerve damage) and the medical negligence was significant, your compensation could reach into the millions.

      Your cauda equina syndrome compensation payout can include:

      • Lost income: both past and future earnings, including superannuation.
      • Pain and suffering: the impact your injury has on your emotional well-being.
      • Care and support: whether it’s professional help or unpaid support from family or friends. This also includes situations where you can no longer care for someone who relies on you.
      • Other costs related to your injury: such as medical bills, travel expenses, and any necessary modifications to your home or vehicle.

      How to prove negligence in your cauda equina claim

      It’s important to understand that not all mistakes by a medical professional are considered negligence. To make a successful cauda equina malpractice claim, you’ll need to establish four elements:

      ‘Duty of care’ is a legal responsibility that requires certain people or groups to take reasonable care to protect the safety and well-being of others. Some relationships automatically come with this duty, like the one between doctors and their patients.

      To make a successful cauda equina claim, you’ll need to prove that the medical professional who treated you owed you a duty of care. In most cases, all registered medical professionals — including doctors, surgeons and hospitals — will owe you this duty.

      This can happen either through a negligent action or a failure to act. For example, a negligent action might be a surgeon damaging a nerve root during spinal surgery. On the other hand, negligent inaction could be a GP failing to diagnose your cauda equina syndrome within a reasonable timeframe.

      To decide if a breach of duty occurred, the ‘reasonable standard of care’ test is used. This looks at whether another qualified medical professional with similar training would have acted the same way in the same situation.

      Several factors are taken into account during this assessment, including:

      • Whether your medical professional followed accepted professional standards and guidelines.
      • Opinions from other experts in the same medical field.
      • The specific details of your case, including the treatment you received and the context around it.

      To receive compensation for cauda equina syndrome, you’ll need to prove that your medical professional’s breach of duty directly caused your condition. This means meeting two key legal criteria:

      • Causation: showing that your cauda equina syndrome was a direct result of the medical professional’s actions or failure to act.
      • Foreseeability: demonstrating that your CES was a ‘reasonably foreseeable’ outcome of the care (or lack of care) you received.

      You’ll need to show that you’ve experienced harm or loss as a result of your cauda equina syndrome. This can include things like medical costs, lost income, and pain and suffering (the overall toll the condition has taken on your life).

      Establishing medical negligence can be extremely complicated — that’s why our cauda equina lawyers undergo rigorous training in both medicine and law. This unique dual expertise equips them to fully understand your CES and prove negligence in even the most challenging cases.

      Why expertise matters in CES claims

      Cauda equina claims aren’t like other injury cases. They require a lawyer with deep expertise in both law and medicine — a rare combination, but without it, proving your claim is almost impossible.

      It’s important to understand that a bad outcome doesn’t automatically mean there was negligence. Legally, the question isn’t whether something went wrong — it’s whether the medical professional failed to meet the standard of care expected in their field. And often, that’s a grey area. What may seem like a straightforward claim can quickly become complicated once the medical details are examined.

      That’s why medical insurers always fiercely defend cauda equina claims. They have vast resources and teams of lawyers and doctors ready to pick your case apart. To stand a chance, you need a lawyer who understands the intricacies of CES and exactly what went wrong in your diagnosis and treatment.

      Just as crucially, your lawyer must have access to medical experts who are willing — and able — to identify when a fellow doctor failed to meet professional standards. At Monaco, we’ve spent years building a trusted network of respected medical experts across Australia. We match each client with the right expert — someone whose evidence is not only credible, but directly relevant to your cauda equina claim.

      How to make a cauda equina compensation claim

      Every cauda equina syndrome compensation claim is slightly different, but here’s what you can generally expect:

      You’ll speak directly with one of our expert cauda equina syndrome lawyers, who’ll take the time to understand your situation. We’ll let you know if you’re eligible to make a claim, give you an idea of how much compensation you could receive, and explain your chances of success — all in plain English.

      There’s no pressure to move forward, but if you do decide to work with us, you’ll be protected by our No Win No Fee guarantee from day one.

      Your lawyer will gather your clinical notes and review your medical history to build a strong cauda equina syndrome negligence claim. You may also be assessed by one of our medical experts to confirm your diagnosis and how it’s affected your life. Don’t worry — we cover all these upfront costs, and you won’t pay a cent unless we win your case.

      We work closely with a trusted network of doctors, surgeons, and medical experts to gather strong evidence that shows the full impact of your condition and outlines your future treatment and care needs.

      To prove negligence, we rely on expert medical reports and testimonies that directly link your cauda equina syndrome to the medical professional’s actions.

      If your CES affects your ability to work, we also collaborate with top vocational experts who assess how your condition impacts your current and future work capacity.

      Armed with this strong expert evidence, we’ll start court proceedings by filing the necessary documents and exchanging evidence with the other side. Your claim will then move to mediation, where we take charge of all negotiations with the medical professional’s insurer to secure the maximum possible cauda equina compensation.

      Most cases are successfully resolved at mediation, without ever going to court. But if a fair settlement can’t be reached, we’re fully prepared to take your case to court and fight for the compensation you deserve.

      Frequently asked questions

      How long your claim takes really depends on your individual case, including how complex it is and how long it takes for your condition or injuries to stabilise. Generally, most cauda equina compensation claims take around 12 to 18 months to resolve.

      Once our lawyers understand the details of your situation, we can give you a more accurate estimate of the timeline.

      Absolutely. Even if another lawyer has told you that you don’t have a claim, it’s worth getting a second opinion. Our specialist cauda equina lawyers have helped many clients whose cases were previously dismissed or underestimated by others.

      We take the time to carefully review every detail of your situation and explore all possible angles to ensure you get the full compensation you deserve. There’s no risk in reaching out — our second opinions are free, and we’re here to give you honest, expert advice.

      You can file a medical negligence claim against any medical professional or institution registered to practice in Australia. Common medical professionals involved in cauda equina claims include:

      • Hospitals.
      • Surgeons.
      • General Practitioners (GPs).
      • Specialists.
      • Nurses.
      • Radiologists.
      • Oncologist.
      • Pharmacists.

      If you’re unsure whether your healthcare provider is registered, you can check the national online register on the Australian Health Practitioner Regulation Agency’s website.

      On top of your medical negligence claim, you may also be eligible for extra cauda equina compensation through your superannuation. Your exact entitlements depend on your super policy, but can include:

      Every super policy differs slightly, so figuring out what you’re entitled to claim can be tricky. That’s where our specialist cauda equina lawyers come in. We’ll review your policy, explain exactly what you’re entitled to, and make sure you get every dollar you’re owed.

      Yes — absolutely. We offer a true No Win No Fee guarantee for all cauda equina claims. That means we cover all upfront costs, and you won’t pay us a cent unless we win your case. If your claim isn’t successful, you won’t get a bill. Ever.

      What makes us different from other ‘No Win No Fee’ firms? It’s simple: our guarantee covers everything, not just our legal fees. That includes admin costs, expert reports, and even court fees if your claim gets that far. In contrast, most firms only cover their legal fees — which means if your claim doesn’t succeed, you’re left paying for all other costs.

      So while plenty of firms say ‘No Win, No Fee’, we’re one of the few that actually deliver on it.

      If your claim is successful, our fees are capped at just 30% of your total compensation — far below the industry standard of 50%. And in most cases, we recover our fees from the other side, meaning you keep more (if not all) of your cauda equina malpractice settlement.

      Want to know exactly what your claim might cost? Reach out to our cauda equina lawyers for a free consultation. We’ll explain your options, our fee structure, and how we’ll work to get you the maximum compensation you deserve.

      While you can file a cauda equina syndrome lawsuit on your own, we strongly recommend working with a specialist lawyer. Cauda equina syndrome is a complex condition, and winning a claim requires deep knowledge of both medical law and negligence. Your lawyer needs expertise in both areas to build a strong case for you.

      An experienced cauda equina lawyer will:

      • Listen carefully to your story and offer free legal advice tailored to your situation.
      • Gather solid evidence to prove negligence and document your physical, emotional, and financial losses.
      • Challenge any opposing evidence with medical reports and expert testimony, if needed.
      • Provide a free second opinion if you’ve been told by another lawyer that you don’t have a claim.
      • Make sure your compensation covers all future needs, including ongoing care, professional support, and lost income.
      • Identify additional claims, like Total and Permanent Disability (TPD) or workers compensation, that could boost your overall payout.

      Our cauda equina lawyers are specially trained to take on the big healthcare insurers. We work closely with a trusted network of medical experts to help you get the compensation you’re entitled to.

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      Meet the team

      Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

      Sachini Amarasinghe
      Special Counsel
      • English
      • Medical Negligence
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      Iain Miller
      Senior Associate
      • English
      • Medical Negligence
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      Byron Dickson
      Associate
      • English
      • Medical Negligence
      View full bio
      Leon Monaco
      Managing Partner
      • English, Russian
      • Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
      View full bio
      Meet more of the team

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      For anyone facing medical negligence issues, I highly recommend Monaco.

      I contacted Monaco in regard to a complex negligence claim. The team at Monaco were both approachable and professional. Their knowledge and commitment gave me confidence and a strong case, which ultimately led to a successful outcome.

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      I am forever thankful! God bless you for being there for me whenever I called.

      Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.

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      They were always ready to help with paperwork and answer any questions.

      The staff at Monaco solicitors are very respectful, courteous, knowledgeable and professional. They were always able to help me with the paperwork on my case and always available to assist with any questions I had. They explained all the details of the process as it came up. I have no hesitation in recommending them to anyone who has a medical issue.

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      My experience with Monaco Solicitors has been very rewarding. My solicitor was Lucy, who was so easy to communicate with throughout the process. On mediation, she was so supportive. I certainly would recommend Monaco Solicitors to anyone who feels they may have a potential Medical Negligence claim.

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      Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

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      Good result! We had a complicated claim but they got the job done.

      My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

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      Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

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      They helped me juggle my injury claim and my mum's full-time care.

      I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

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      Monaco helped me get much more compensation than I expected.

      Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

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      They gave it their all and the result was even better than expected.

      At all times during this long process, I felt supported by the solicitors and barrister assigned to me. At mediation, it became clear that my team were doing all they could to get the best possible outcome for me. At settlement, they did better than I expected.

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      Why choose our cauda equina lawyers?

      Cauda equina syndrome can change your life in an instant — affecting your mobility, independence, work, and overall well-being. That’s why it’s essential that your compensation fully reflects the seriousness of your condition and its impact on your life.

      With over 25 years’ experience in medicine and law, our specialist cauda equina lawyers know exactly how to take on medical insurers and fight for the full range of compensation you’re entitled to. We focus not just on your immediate needs, but on your long-term care, support, and financial security. This is especially important for a condition like CES, which can worsen over time.

      To strengthen your claim, we work with leading medical experts who deliver independent evidence that clearly proves your medical professional’s negligence — and directly connects it to your condition.

      Get in touch today for free legal advice. We’ll walk you through your options, explain how we can support your claim, and outline a strategy to secure the cauda equina compensation you deserve.

      Speak to one of our friendly lawyers

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