Delayed diagnosis

Hospital ward

Case category:

Delayed Diagnosis of Cauda Equina Syndrome

Case summary

This case involved an Orthopaedic Surgeon who had a central disc prolapse and the hospital not doing an MRI scan for over 36 hours. There were delays in getting the patient from one hospital from another; once at the second hospital the delays continued, leading to a claim for the delayed diagnosis of Cauda Equina Syndrome.

Despite the reservations of the original expert, Temple continued to support the case. This led to what ultimately went on to be a successful claim.

Without the benefit of the ATE insurance from Temple, the Claimant would not have been able to proceed with the claim or be able to instruct the alternative expert. Due to the impending limitation date, the case would have had to be discontinued and the Claimant would not have been able to have recovered the damages that were subsequently awarded.


The Claimant was awarded compensation of £700,000.

Comment from Moosa – Duke Solicitors

“We have insured our client’s cases with Temple for almost 15 years. This include successfully concluding some most challenging of cases with Temple’s unwavering support. A recent example was this case where we obtained three separate opinions from the same speciality of expert. We were convinced we had a winnable case, Temple trusted our judgement and we won the case a month before trial. We could never have done this without the backing of Temple and their belief in our team. From another perspective this is just one example of many where Temple have trusted their legal team to get on and win a challenging case.”

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