In a major development for the management and treatment of suspected Cauda Equina Syndrome (“CES”), Getting it Right First Time (“GIRFT”) has published a new national pathway; Spinal Surgery: National Suspected Cauda Equina Syndrome (CES) Pathway.  In this article, Deputy Head of Clinical Negligence Justin Valentine, who has a speciality in CES cases and is listed as a contributor to the pathway, reviews and analyses the recommendations from a legal perspective.

On 2nd March 2023 at 1pm there is an NHS England webinar accessible here at which Mike Hutton, the GIRFT clinical lead for spinal surgery and lead author of the pathway, will be joined by a number of speakers to discuss best practice in light of the pathway’s recommendations.  Justin Valentine will be providing a brief legal view of the pathway during the webinar, and discussing the implications of the pathway on civil litigation.

As noted in the case of Jarman, ‘Such is the catastrophic damage commonly caused by CES that it is a common subject of medical negligence litigation’.  There are many common themes of such litigation, delay in referral, the urgency of referral and then once referred delays in obtaining imaging and proceeding to surgery.  As recognised in the pathway there are variations in practice.  Similarly, expert views differ which inevitably promotes protracted litigation.  The Pathway is to be welcomed as providing clarity in the management of CES.  This should improve patient outcomes and avoid disputes within the legal arena.”

JUSTIN VALENTINE, DEPUTY HEAD OF CLINICAL NEGLIGENCE

Justin has produced an article about the new pathway for suspected cauda equina syndrome which you can access here.