Cauda Equina claims are high value claims and they are therefore likely to be strongly defended on both breach of duty and causation. The first expert’s report obtained is on the issue of breach of duty and is usually obtained on a “like for like” basis. If the breach of duty report is positive then, unless the report also deals with the issue of causation, it is usually necessary to obtain a report from a neurosurgeon on causation. A protocol letter of claim is sent to the Defendant and a letter of response from the Defendant will be served four months later. If liability is disputed then proceedings will have to be commenced and the claim will then proceed through various Court stages to a “liability only” Trial. If successful the claim then proceeds along various stages leading to a “quantum only” Trial.
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