Question 1

If I was diagnosed with sciatica and later found to have CES, do I automatically have a malpractice case?

Accepted Answer

Not automatically, but potentially yes. The question is whether the physician's assessment was thorough enough. If you reported bladder changes, saddle numbness, or bilateral leg symptoms and these were not investigated urgently, the sciatica diagnosis likely represents a failure of the standard of care.

Question 2

What if multiple doctors missed my CES diagnosis?

Accepted Answer

Each provider who assessed you and failed to recognize and act on CES red flags may bear independent liability. Florida law permits multi-defendant malpractice claims, and liability can be apportioned among multiple negligent parties (e.g., an ER doctor, an attending physician, and a radiologist).

Question 3

What if I eventually received the right diagnosis and had surgery, but still have permanent damage?

Accepted Answer

The central legal question is whether timely diagnosis would have produced better outcomes. If you progressed from partial to complete CES during the delay, and earlier surgery would likely have preserved more function, you may have a strong claim even though you ultimately received treatment.

Question 4

What compensation can I recover for a CES misdiagnosis?

Accepted Answer

You may be entitled to all past and future medical expenses, lost wages, loss of future earning capacity, pain and suffering, loss of bladder and bowel function, sexual dysfunction damages, emotional distress, and loss of enjoyment of life. See our page on what factors affect CES compensation amounts for a detailed breakdown.

Question 5

How long do I have to file a CES misdiagnosis claim in Florida?

Accepted Answer

Generally two years from the date of the negligence. Because CES cases require expert medical review and Florida's pre-suit requirements take a minimum of 90 days, do not wait to seek legal advice.

Sciatica

Common Misdiagnoses of Cauda Equina Syndrome — and Why They Happen

Sciatica vs. Cauda Equina Syndrome: Recognizing the “Red Flag” Symptoms That Signal an Emergency

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