Archive for the ‘Spinal Cord Injury Law’ Category

Spinal Cord Injury During Surgery

Wednesday, April 17th, 2013

surgical spinal cord injury 300x200 Spinal Cord Injury During SurgeryMany patients undergo surgery because of disc herniation in the cervical or lumbar spine. It is a fairly common condition, and patients expect the surgery to be routine.  Although an “informed consent” document is signed, and the patient acknowledges the potential risks, no one expects to undergo surgery and wake up permanently paralyzed.

The unfortunate reality is that when a surgeon injures the spinal cord, permanent paralysis can occur.

Complete vs. Partial Paralysis

Paralysis can be “complete,” meaning total loss of sensation in all extremities.   Alternatively, a person can have partial or “incomplete” paralysis — meaning the spinal cord was not totally damaged, and may leave the patient with partial sensation or movement of the extremities.

The extent of the paralysis depends upon the level of the spinal cord at which the injury occurs. Injuries in the cervical, or neck, region tend to cause paralysis of movement and potentially lack of sensation below the level of the injury, which includes the lower extremities.  Accordingly, a severe neck spinal cord injury may result in quadriplegia — total or partial loss of function in all four limbs.

Conversely, severe injury to the spinal cord further down the body may result in paraplegia — loss of function of two limbs, usually the legs.  Injury to the spinal cord is less likely in the lumbar spine, as the spinal cord ends in that section of the vertebrae.

Cervical injuries can be devastating. If an injury occurs high enough up in the spine, breathing muscles are affected. When Christopher Reeves fell from a horse and broke his neck, he suffered damage at one of the higher level cervical vertebra, resulting in the necessity for a mechanical ventilator.

Surgical Malpractice Causing Spinal Cord Injury

In most cases, a reasonably careful surgeon should not cause injury to a patient’s spinal cord during surgery.  Instead, because of the known catastrophic consequences of spinal cord injury, the spinal cord should be protected at all costs.

Studies have shown that spinal cord monitoring can prevent some avoidable spinal cord injuries during surgery. Monitoring is done with a device that senses changes in sensory and electrical impulses. If there is a change, the physician is alerted by the monitor and can make repairs that will prevent permanent damage.

Spinal cord injuries are devastating and the costs of care for a patient with a spinal cord injury can run to millions of dollars over their lifetime. If a physician does not take appropriate precautions to avoid injury to the spinal cord during surgery, or if signs of spinal cord injury are not timely detected and treated, a patient can be catastrophically and permanently harmed.

If you or a family member has sustained spinal cord injury during surgery, you should contact a top medical malpractice attorney so you can better understand your rights and ability to hold those responsible accountable.

Call Passen Law Group today at 312-527-4500 for a Free Legal Consultation.  

Study Finds Brain Imaging Can Predict Pain Intensity

Thursday, April 11th, 2013

fMRI Detect Pain 300x194 Study Finds Brain Imaging Can Predict Pain IntensityPain and suffering is often difficult to measure, even by the most experienced pain specialists.  Patients are typically asked to rate their own pain on a scale of 1-10.  Although there are objective ways to confirm physical and psychological injuries consistent with pain, the nature and extent of pain is typically measured by the patient’s own subjective self-reporting.

A new study published in the New England Journal of Medicine finds that brain imaging can be used to objectively assess pain — both physical and emotional pain.

The study involved a total of 114 patients who underwent functional magnetic resonance imaging (fMRI) — a unique and new form of neuroimaging — while being stimulated with heat-induced pain, as well as “social pain.”

What is Functional Magnetic Resonance Imaging (fMRI)?

fMRI is a relatively new form of neuroimaging used to measure brain activity by detecting changes in blood flow that occur in response to certain stimuli. fMRI can identify the parts of the brain that are involved in certain mental processes.

fMRI use is controversial, because it is a relatively new neruoimaging technique.  However, fMRI can be extremely beneficial to identifying a brain injury in patients who are symptomatic of neurologic dysfunction, yet have “normal” brain scans using typical imaging techniques.

As the above-mentioned study demonstrates, fMRI can also be extremely helpful in identifying pain.

fMRI to Identify Physical and Emotional Pain

The study found that in those patients who were subjected to heat-induced pain while being imaged with fMRI, a “nerologic signature” emerged:  increased brain activity in the thalamus, posterior and anterior insulae, secondary somatosensory cortex, anterior cingulate cortex, periaqueductal gray matter, and other regions of the brain.

Even more interesting, the study found that fMRI was helpful in identifying emotional-related pain — related to depression, post-traumatic stress disorder (PTSD), or other events that cause emotional pain.  When subjecting such patients to “social pain,” the fMRI showed that many of the same brain regions were activated as with physical pain.

In general, the study found fMRI to be over 90% sensitive (or accurate) in identifying physical and emotional pain.

This is a huge breakthrough for pain research and treatment for those with chronic and acute pain — both physical and emotional.  Based on this research, new treatment may be developed to focus on these specific areas of the brain that are triggered, rather than on the conventional approach to attempting to block pain impulses from getting into the spinal cord and the brain.

At Passen Law Group, most of our clients have experienced significant pain — both physical and emotional — as a result of serious motor vehicle accidents, medical malpractice, and other contexts which produce pain.  We welcome these new developments addressed at identifying pain, and hopefully leading to beneficial treatment for pain.

For a Free Consultation with one of our attorneys, Call us at 312-527-4500.

Spinal Cord Injuries and the Law

Monday, November 12th, 2012

The term “spinal cord injury” refers to a broad range of injuries causing damage to the spinal cord, causing either a loss of feeling or a loss of motor control in some part of the body. The degree of injury and loss varies widely depending upon the location of the spinal damage and the severity of the injury to the spine.

About 11,000 Americans sustain a spinal injury ever year. Nearly half of all spinal injuries (45 percent) are known as “complete” spinal injuries, meaning the victim no longer has any sensation or motor function below the site of the injury.

Spinal cord injuries come from a variety of causes. Falls and acts of violence are among the leading causes of spinal injuries, but are topped by automobile accidents and motorcycle accidents. Each of these causes can also lead to milder back injuries, which stop short of spinal damage.

Even if the victim does not suffer a spinal injury, and retains full motor control and sensation, he can suffer from a lifetime of pain, muscle weakness, lack of coordination, and tingling or numbness. Both spinal cord injuries and ordinary back injuries can cause great pain, interfere with daily activities and routines, and impair the victim’s ability to work.

In fact, every year Americans spend over $50 billion on back injuries alone. Only headaches are a more common neurological ailment in the United States. Back injuries can include spinal injuries, herniated discs, crushed vertebrae, torn ligaments, and a fractured spine.

Legal claims involving a back injury or spinal injury caused by the negligence of others can be extremely complicated. Our Chicago personal injury attorneys know that these claims typically require expert opinion, and can take longer than most claims to resolve. This is why it is crucial for those seeking legal compensation for a spinal injury to consult with and retain counsel experienced in these types of catastrophic injuries.

Experienced counsel can help you to avoid problems with the statute of limitations, conduct a proper investigation into the circumstances surrounding the injury, and preserve evidence and testimony. These steps enable you to maximize your chances of obtaining a full recovery, and receiving justice for the injuries you have suffered.

For a free consultation with an experienced Chicago personal injury lawyer at Passen Law Group, call us at (312) 527-4500.

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Johnny Knox Puts the Spotlight on Spinal Cord Injuries

Tuesday, January 31st, 2012

As most Chicagoans are well aware, Bears receiver Johnny Knox suffered a back injury in the Bears’ December loss to the Seattle Seahawks. Knox suffered a fractured, or broken, vertebra – one of the bones in the back which make up the spinal column. Shortly thereafter, Knox underwent surgery to stabilize the vertebra and allow for recovery.

While millions who saw the hit that bent Knox in half backwards, and were horrified and shocked, the truth is that vertebral injuries happen to Americans every day. While Knox’s, and the Bears’, high-profile status brought attention to this type of injury, the truth is that such injuries are alarmingly common.

Most vertebral injuries are not, of course, caused by professional football or even other sports. But these injuries are generally caused by trauma, such as a workplace or auto accident. Vertebral injuries can also result from falls and assaults.

There are four principal types of vertebral injuries: Thoracic, cervical, lumbar, and sacral. Thoracic vertebral injuries occur in the middle portion of the back, from the base of the throat to the bottom of the chest. There are 12 thoracic vertebrae, each attached to a set of ribs. Cervical vertebral injuries occur in the top portion of the spine, typically called the neck. There are seven cervical vertebrae, which together allow the head to turn. Lumbar vertebral injuries occur in the lower back, between the thoracic vertebrae and the pelvis. There are five lumbar vertebrae. Sacral vertebral injuries occur below the lower back, between the pelvis and the end of the spinal column. There are five sacral vertebrae.

Injury or damage to any vertebra can cause severe pain and full or partial paralysis. If paralysis occurs, it generally affects the portions of the body below the injured vertebra. Vertebral injuries can also result in lesser, but still very serious, permanent consequences. These include mobility problems (particularly with the legs or hips), incontinence (either bowel, bladder, or both), muscle weakness or spasms, headaches, chronic pain, loss of sensation, and tingling sensations.

Some vertebral injuries, such as Knox’s, can be treated, while others cannot. Treatments range from surgery to time in a full or partial body cast, temporary or permanent use of a brace, and intensive therapy and rehabilitation

The victims of a vertebral injury often have a claim against those who caused their injuries, particularly when car or truck accidents occur. Victims can potentially recover their medical expenses, including anticipated future treatment and occupational and physical therapies. Victims can also recover the costs of pain management, and necessary lifestyle changes (modifications to home and car, wheelchairs or braces, etc.). Damages for pain and suffering are also frequently available.

If you have suffered a vertebral injury, talk to an experienced personal injury attorney as soon as possible. Your attorney can help you to determine whether you were injured as a result of negligence, and whether you should file a legal claim. Your attorney can also help you to put your life back together, and to seek compensation and justice for your injuries.

To speak with an experienced Chicago personal injury lawyer at Passen Law Group regarding a potential case, call us at (312) 527-4500.

Paralysis from Neck Surgery

Tuesday, October 18th, 2011

spine surgery paralysis 300x240 Paralysis from Neck SurgerySurgery on the neck or cervical spine is often necessary. Given the location of the surgery — the spinal cord — the consequences of  medical negligence can be catastrophic, including the possibility of paraplegia (paralysis).

Reasons for Neck Surgery

Neck surgery, such as a cervical diskectomy or laminectomy, has become rather commonplace.  Activities of daily living cause a great deal of stress to the human neck, and may cause degenerative changes in the cervical region of the spine (i.e., neck).

Traumatic events, such as motor vehicle accidents, falls, and collisions, can also cause a serious neck injury. As a result, many people suffer nerve damage, herniated discs, or other injuries which may require cervical spine surgery.

Not every neck injury requires surgery.  Oftentimes, doctors recommend conservative therapy or less extreme treatment (physical therapy, pain medication, accupuncture, etc.) before recommending surgery.  Sometimes a particular patient is not considered eligible for surgery (e.g., “not a surgical candidate”).  Other times, surgery is required to alleviate pain or regain lost motor function or range of motion.

Consequences of Injury During Neck Surgery

Neck surgery, if not performed properly, can cause severe and permanent damage, including paralysis. This injury can be caused by surgeon improperly placing pressure on the spinal column, causing nerve damage or a dural leak.  If not recognized immediately, this nerve damage can become irreversible — resulting in paralysis of the limbs.

Patients who suffer paralysis may need special equipment, modifications to their homes and vehicles, and extra care. This is in addition to the often extended medical treatments required to attempt to reverse the paralysis, as well as what is often an extended period of physical and occupational therapy. All this expense is compounded by a loss of income, as patients generally cannot work (or cannot work as much) during this extended treatment and recovery period. Thus, patients face not only extra expenses, but the inability to afford basic living expenses.

A top surgery malpractice attorney can help a patient who has suffered paralysis after neck surgery to determine the causes of her paralysis, whether medical malpractice was to blame, and how to best obtain compensation for her injuries.

If you have any questions about a spinal cord injury, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.