Spinal Cord Injury Lawyer
A spinal cord injury is an injury or damage to part of the spinal cord or nerves at the end of the spinal canal. A spinal cord injury may be a permanent injury, and a spinal cord injury may affect strength, the ability to feel, and other body functions. Our clients that have suffered spinal cord injuries consistently describe how the injury impacts every part of their lives. From their mental function to basic physical functions of the body, a spinal cord injury can change everything about your life, and you should seek representation of a spinal cord injury lawyer that understands the severity of this type of injury and how to help you get the compensation that you need and deserve.
Types of Spinal cord injuries
The severity of a spinal cord injury is largely controlled by the location within your spinal cord that is injured and the type of injury that you have suffered.
- Complete. If all feeling (sensory) and all ability to control movement (motor function) are lost below the spinal cord injury, your injury is called complete.
- Incomplete. If you have some motor or sensory function below the affected area, your injury is called incomplete. There are varying degrees of incomplete injury.
Additionally, paralysis from a spinal cord injury may be referred to as:
- Tetraplegia. Also known as quadriplegia, this means that your arms, hands, trunk, legs and pelvic organs are all affected by your spinal cord injury.
- Paraplegia. This paralysis affects all or part of the trunk, legs and pelvic organs.
Your health care team will perform a series of tests to determine the neurological level and completeness of your injury.
Spinal cord injuries of any kind may result in one or more of the following signs and symptoms:
- Loss of movement
- Loss or altered sensation, including the ability to feel heat, cold and touch
- Loss of bowel or bladder control
- Exaggerated reflex activities or spasms
- Changes in sexual function, sexual sensitivity and fertility
- Pain or an intense stinging sensation caused by damage to the nerve fibers in your spinal cord
- Difficulty breathing, coughing or clearing secretions from your lungs
When should a spinal cord injury be treated as an emergency?
Emergency signs and symptoms of a spinal cord injury after an accident may include:
- Extreme back pain or pressure in your neck, head or back
- Weakness, incoordination or paralysis in any part of your body
- Numbness, tingling or loss of sensation in your hands, fingers, feet or toes
- Loss of bladder or bowel control
- Difficulty with balance and walking
- Impaired breathing after injury
- An oddly positioned or twisted neck or back
I may have injured my spinal cord. Should I see a doctor?
Anyone who experiences significant trauma to his or her head or neck needs immediate medical evaluation for the possibility of a spinal injury. In fact, it’s safest to assume that trauma victims have a spinal injury until proved otherwise because:
- A serious spinal injury isn’t always immediately obvious. If it isn’t recognized, a more severe injury may occur.
- Numbness or paralysis may occur immediately or come on gradually as bleeding or swelling occurs in or around the spinal cord.
- The time between injury and treatment can be critical in determining the extent and severity of complications and the possible extent of expected recovery.
If you see someone that has been injured and you believe they may have a spinal cord injury, follow these steps.
- Don’t move the injured person — permanent paralysis and other serious complications may result
- Call 911 or your local emergency medical assistance number
- Keep the person still
- Place heavy towels on both sides of the neck or hold the head and neck to prevent them from moving until emergency care arrives
- Provide basic first aid, such as stopping any bleeding and making the person comfortable, without moving the head or neck
Central nervous system
Spinal cord injuries may result from damage to the vertebrae, ligaments or disks of the spinal column or to the spinal cord itself.
A traumatic spinal cord injury may stem from a sudden, traumatic blow to your spine that fractures, dislocates, crushes or compresses one or more of your vertebrae. It may also result from a gunshot or knife wound that penetrates and cuts your spinal cord.
Additional damage usually occurs over days or weeks because of bleeding, swelling, inflammation and fluid accumulation in and around your spinal cord.
A nontraumatic spinal cord injury may be caused by arthritis, cancer, inflammation, infections or disk degeneration of the spine.
Your brain and central nervous system
The central nervous system consists of the brain and spinal cord. The spinal cord, made of soft tissue and surrounded by bones (vertebrae), extends downward from the base of your brain and is made up of nerve cells and groups of nerves called tracts, which go to different parts of your body.
The lower end of your spinal cord stops a little above your waist in the region called the conus medullaris. Below this region is a group of nerve roots called the cauda equina.
Tracts in your spinal cord carry messages between your brain and the rest of your body. Motor tracts carry signals from your brain to control muscle movement. Sensory tracts carry signals from body parts to your brain relating to heat, cold, pressure, pain and the position of your limbs.
Damage to nerve fibers
Whether the cause is traumatic or nontraumatic, the damage affects the nerve fibers passing through the injured area and may impair part or all of your corresponding muscles and nerves below the injury site.
A chest (thoracic) or lower back (lumbar) injury can affect your torso, legs, bowel and bladder control, and sexual function. A neck (cervical) injury affects the same areas in addition to affecting movements of your arms and, possibly, your ability to breathe.
Common causes of spinal cord injuries
The most common causes of spinal cord injuries in the United States are:
- Motor vehicle accidents. Auto and motorcycle accidents are the leading cause of spinal cord injuries, accounting for almost half of new spinal cord injuries each year.
- Falls. A spinal cord injury after age 65 is most often caused by a fall. Overall, falls cause about 31% of spinal cord injuries.
- Acts of violence. Over 13% of spinal cord injuries result from violent encounters, most commonly involving gunshot wounds. Knife wounds also are common.
- Sports and recreation injuries. Athletic activities, such as impact sports and diving in shallow water, cause about 10% of spinal cord injuries.
- Alcohol. Alcohol use is a factor in about 1 out of every 4 spinal cord injuries.
- Diseases. Cancer, arthritis, osteoporosis and inflammation of the spinal cord also can cause spinal cord injuries.
Although a spinal cord injury is usually the result of an accident and can happen to anyone, certain factors may predispose you to a higher risk of sustaining a spinal cord injury, including:
- Being male. Spinal cord injuries affect a disproportionate number of men. In fact, females account for only about 20% of traumatic spinal cord injuries in the United States.
- Being between the ages of 16 and 30. You’re most likely to suffer a traumatic spinal cord injury if you’re between the ages of 16 and 30. The average age at time of injury is 43 years.
- Being older than 65. Falls cause most injuries in older adults.
- Engaging in risky behavior. Diving into too-shallow water or playing sports without wearing the proper safety gear or taking proper precautions can lead to spinal cord injuries. Motor vehicle crashes are the leading cause of spinal cord injuries for people under 65.
- Having a bone or joint disorder. A relatively minor injury can cause a spinal cord injury if you have another disorder that affects your bones or joints, such as arthritis or osteoporosis.
Complications to Expect While Recovering From a Spinal Cord Injury
At first, changes in the way your body functions may be overwhelming. However, your rehabilitation team will help you develop the tools you need to address the changes caused by the spinal cord injury, in addition to recommending equipment and resources to promote quality of life and independence. Areas often affected include:
- Bladder control. Your bladder will continue to store urine from your kidneys. However, your brain may not be able to control your bladder as well because the message carrier (the spinal cord) has been injured.
The changes in bladder control increase your risk of urinary tract infections. The changes may also cause kidney infections and kidney or bladder stones. During rehabilitation, you’ll learn new techniques to help empty your bladder.
- Bowel control. Although your stomach and intestines work much like they did before your injury, control of your bowel movements is often altered. A high-fiber diet may help regulate your bowels, and you’ll learn techniques to optimize your bowel function during rehabilitation.
- Skin sensation. Below the neurological level of your injury, you may have lost part of or all skin sensations. Therefore, your skin can’t send a message to your brain when it’s injured by certain things such as prolonged pressure, heat or cold.
This can make you more susceptible to pressure sores, but changing positions frequently — with help, if needed — can help prevent these sores. You’ll learn proper skin care during rehabilitation, which can help you avoid these problems.
- Circulatory control. A spinal cord injury may cause circulatory problems ranging from low blood pressure when you rise (orthostatic hypotension) to swelling of your extremities. These circulation changes may also increase your risk of developing blood clots, such as deep vein thrombosis or a pulmonary embolus.
Another problem with circulatory control is a potentially life-threatening rise in blood pressure (autonomic hyperreflexia). Your rehabilitation team will teach you how to address these problems if they affect you.
- Respiratory system. Your injury may make it more difficult to breathe and cough if your abdominal and chest muscles are affected. These include the diaphragm and the muscles in your chest wall and abdomen.
Your neurological level of injury will determine what kind of breathing problems you may have. If you have a cervical and thoracic spinal cord injury, you may have an increased risk of pneumonia or other lung problems. Medications and therapy can help prevent and treat these problems.
- Muscle tone. Some people with spinal cord injuries experience one of two types of muscle tone problems: uncontrolled tightening or motion in the muscles (spasticity) or soft and limp muscles lacking muscle tone (flaccidity).
- Fitness and wellness. Weight loss and muscle atrophy are common soon after a spinal cord injury. Limited mobility may lead to a more sedentary lifestyle, placing you at risk of obesity, cardiovascular disease and diabetes.
A dietitian can help you eat a nutritious diet to sustain an adequate weight. Physical and occupational therapists can help you develop a fitness and exercise program.
- Sexual health. Sexuality, fertility and sexual function may be affected by a spinal cord injury. Men may notice changes in erection and ejaculation; women may notice changes in lubrication. Physicians specializing in urology or fertility can offer options for sexual functioning and fertility.
- Pain. Some people experience pain, such as muscle or joint pain, from overuse of particular muscle groups. Nerve pain can occur after a spinal cord injury, especially in someone with an incomplete injury.
- Depression.Coping with all the changes a spinal cord injury brings and living with pain causes some people to experience depression.
How should a spinal cord injury be diagnosed?
In the emergency room, a doctor may be able to rule out a spinal cord injury by careful inspection and examination, testing for sensory function and movement, and by asking some questions about the accident.
But if the injured person complains of neck pain, isn’t fully awake, or has obvious signs of weakness or neurological injury, emergency diagnostic tests may be needed.
These tests may include:
- X-rays. Medical personnel typically order these tests on people who are suspected of having a spinal cord injury after trauma. X-rays can reveal vertebral (spinal column) problems, tumors, fractures or degenerative changes in the spine.
- Computerized tomography (CT) scan. A CT scan may provide a better look at abnormalities seen on an X-ray. This scan uses computers to form a series of cross-sectional images that can define bone, disk and other problems.
- Magnetic resonance imaging (MRI). MRI uses a strong magnetic field and radio waves to produce computer-generated images. This test is very helpful for looking at the spinal cord and identifying herniated disks, blood clots or other masses that may be compressing the spinal cord.
A few days after injury, when some of the swelling may have subsided, your doctor will conduct a more comprehensive neurological exam to determine the level and completeness of your injury. This involves testing your muscle strength and your ability to sense light touch and pinprick sensations.
Treatment for a spinal cord injury
Unfortunately, there’s no way to reverse damage to the spinal cord. But researchers are continually working on new treatments, including prostheses and medications that may promote nerve cell regeneration or improve the function of the nerves that remain after a spinal cord injury.
In the meantime, spinal cord injury treatment focuses on preventing further injury and empowering people with a spinal cord injury to return to an active and productive life.
Urgent medical attention is critical to minimize the effects of any head or neck trauma. Therefore, treatment for a spinal cord injury often begins at the scene of the accident.
Emergency personnel typically immobilize the spine as gently and quickly as possible using a rigid neck collar and a rigid carrying board, which they’ll use to transport you to the hospital.
Early (acute) stages of treatment
In the emergency room, doctors focus on:
- Maintaining your ability to breathe
- Preventing shock
- Immobilizing your neck to prevent further spinal cord damage
- Avoiding possible complications, such as stool or urine retention, respiratory or cardiovascular difficulty, and formation of deep vein blood clots in the extremities
If you do have a spinal cord injury, you’ll usually be admitted to the intensive care unit for treatment. You may even be transferred to a regional spine injury center that has a team of neurosurgeons, orthopedic surgeons, spinal cord medicine specialists, psychologists, nurses, therapists and social workers with expertise in spinal cord injury.
- Medications. Intravenous (IV) methylprednisolone (Solu-Medrol) has been used as a treatment option for an acute spinal cord injury in the past. But recent research has shown that the potential side effects, such as blood clots and pneumonia, from using this medication outweigh the benefits. Because of this, methylprednisolone is no longer recommended for routine use after a spinal cord injury.
- Immobilization. You may need traction to stabilize your spine, to bring the spine into proper alignment or both. In some cases, a rigid neck collar may work. A special bed also may help immobilize your body.
- Surgery. Often surgery is necessary to remove fragments of bones, foreign objects, herniated disks or fractured vertebrae that appear to be compressing the spine. Surgery may also be needed to stabilize the spine to prevent future pain or deformity.
- Experimental treatments. Scientists are trying to figure out ways to stop cell death, control inflammation and promote nerve regeneration. For example, doctors may lower the body temperature significantly — a condition known as hypothermia — for 24 to 48 hours to help prevent damaging inflammation. Ask your doctor about the availability of such treatments.
After the initial injury or condition stabilizes, doctors turn their attention to preventing secondary problems that may arise, such as deconditioning, muscle contractures, pressure ulcers, bowel and bladder issues, respiratory infections, and blood clots.
The length of your hospitalization depends on your condition and the medical issues you’re facing. Once you’re well enough to participate in therapies and treatment, you may transfer to a rehabilitation facility.
Rehabilitation team members will begin to work with you while you’re in the early stages of recovery. Your team may include a physical therapist, an occupational therapist, a rehabilitation nurse, a rehabilitation psychologist, a social worker, a dietitian, a recreation therapist, and a doctor who specializes in physical medicine (physiatrist) or spinal cord injuries.
During the initial stages of rehabilitation, therapists usually emphasize maintenance and strengthening of existing muscle function, redeveloping fine motor skills, and learning adaptive techniques to accomplish day-to-day tasks.
You’ll be educated on the effects of a spinal cord injury and how to prevent complications, and you’ll be given advice on rebuilding your life and increasing your quality of life and independence.
You’ll be taught many new skills, and you’ll use equipment and technologies that can help you live on your own as much as possible. You’ll be encouraged to resume your favorite hobbies, participate in social and fitness activities, and return to school or the workplace.
Medications may be used to manage some of the effects of spinal cord injury. These include medications to control pain and muscle spasticity, as well as medications that can improve bladder control, bowel control and sexual functioning.
Inventive medical devices can help people with a spinal cord injury become more independent and more mobile. Some devices may also restore function. These include:
- Modern wheelchairs. Improved, lighter weight wheelchairs are making people with spinal cord injuries more mobile and more comfortable. For some, an electric wheelchair may be needed. Some wheelchairs can even climb stairs, travel over rough terrain and elevate a seated passenger to eye level to reach high places without help.
- Computer adaptations. For someone who has limited hand function, computers can be very powerful tools, but they’re difficult to operate. Computer adaptations range from simple to complex, such as key guards or voice recognition.
- Electronic aids to daily living. Essentially any device that uses electricity can be controlled with an electronic aid to daily living. Devices can be turned on or off by switch or voice-controlled and computer-based remotes.
- Electrical stimulation devices. These sophisticated devices use electrical stimulation to produce actions. They’re often called functional electrical stimulation systems, and they use electrical stimulators to control arm and leg muscles to allow people with spinal cord injuries to stand, walk, reach and grip.
- Robotic gait training. This emerging technology is used for retraining walking ability after a spinal cord injury.
Prognosis and recovery
Your doctor may not be able to give you a prognosis right away. Recovery, if it occurs, typically starts a week to six months after an injury. The fastest rate of recovery is often seen in the first six months, but some people experience small improvements for up to one to two years.
Emotional effects of a spinal cord injury
If you’re newly injured, you and your family will likely experience a period of mourning and grief. Although the grieving process is different for everyone, it’s common to experience denial or disbelief, followed by sadness, anger, bargaining and, finally, acceptance.
The grieving process is a normal, healthy part of your recovery. It’s natural — and important — to grieve the loss of the way you were. But it’s also necessary to set new goals and find a way to move forward with your life.
You’ll probably have concerns about how your injury will affect your lifestyle, your financial situation and your relationships. Grieving and emotional stress are normal and common.
However, if your grief and sadness are affecting your care, causing you to isolate yourself from others, or prompting you to abuse alcohol or other drugs, you may want to consider talking to a social worker, psychologist or psychiatrist. Or you might find a support group of people with spinal cord injuries helpful.
Talking with others who understand what you’re going through can be encouraging, and members of the group may have good advice on adapting areas of your home or work space to better accommodate your current needs. Ask your doctor or rehabilitation specialist if there are any support groups in your area.
One of the best ways to regain control of your life is to educate yourself about your injury and your options for reclaiming an independent life. A range of driving equipment and vehicle modifications is available today.
The same is true of home modification products. Ramps, wider doors, special sinks, grab bars and easy-to-turn doorknobs make it possible for you to live more autonomously.
Because the costs of a spinal cord injury can be overwhelming, you may want to find out if you’re eligible for economic assistance or support services from the state or federal government or from charitable organizations. Your rehabilitation team can help you identify resources in your area.
Talking about your disability
Your friends and family may respond to your disability in different ways. Some may be uncomfortable and unsure if they’re saying or doing the right thing.
Being educated about your spinal cord injury and willing to educate others is helpful. Children are naturally curious and sometimes adjust rather quickly if their questions are answered in a clear, straightforward way. Adults also can benefit from learning the facts.
Explain the effects of your injury and what your family and friends can do to help. At the same time, don’t hesitate to tell friends and loved ones when they’re helping too much. Although it may be uncomfortable at first, talking about your injury often strengthens your relationships with family and friends.
Dealing with intimacy, sexuality and sexual activity
Your spinal cord injury may affect your body’s response to sexual stimuli. However, you’re a sexual being with sexual desires. A fulfilling emotional and physical relationship is possible but requires communication, experimentation and patience.
A professional counselor can help you and your partner communicate your needs and feelings. Your doctor can provide the medical information you need regarding sexual health. You can have a satisfying future complete with intimacy and sexual pleasure.
By nature, a spinal cord injury has a sudden impact on your life and the lives of those closest to you. When you first hear your diagnosis, you may start making a mental list of all of the things you can’t do anymore. However, as you learn more about your injury and your treatment options, you may be surprised by all you can do.
Thanks to new technologies, treatments and devices, people with spinal cord injuries play basketball and participate in track meets. They paint and take photographs. They get married, have and raise children, and have rewarding jobs.
Today, advances in stem cell research and nerve cell regeneration give hope for a greater recovery for people with spinal cord injuries. At the same time, new treatments are being investigated for people with long-standing spinal cord injuries.
No one knows when new treatments will be available, but you can remain hopeful about the future of spinal cord research while living your life to the fullest today.
Preparing for your appointment
Traumatic spinal cord injuries are emergencies, and the person who’s injured may not be able to participate in his or her care in the beginning.
A number of specialists will be involved in stabilizing the condition, including a doctor who specializes in nervous system disorders (neurologist) and a surgeon who specializes in spinal cord injuries and other nervous system problems (neurosurgeon), among others.
A doctor who specializes in spinal cord injuries will lead your rehabilitation team, which will include a variety of specialists.
If you have a possible spinal cord injury or you accompany someone who’s had a spinal cord injury and can’t provide the necessary information, here are some things you can do to facilitate care.
What you can do
- Be prepared to provide information about the circumstances of the event that caused the injury, including any that may seem unrelated.
- Ask another family member or friend to join you when you’re speaking with the doctors, if possible. Sometimes it can be difficult to remember all the information provided. Someone who accompanies you may remember the details and help you communicate them to the person with the injury at the appropriate time.
- Write down questions to ask the doctors.
For a spinal cord injury, some basic questions to ask the doctor include:
- What’s the prognosis?
- What will happen in the short term? What will happen over the long term? What treatments are available, and which do you recommend?
- What types of side effects can be expected from treatment?
- Could surgery help?
- What type of rehabilitation might help?
- Are there any alternatives to the primary approach that you’re suggesting?
- What research is being done to help this condition?
- What other sources of information should I read/consult?
You should never be hesitant to ask questions of your doctor.
Your spinal cord injury lawyer may be an advocate for you in both the legal processes and the medical treatment process.
A problem that we see regularly is that our clients are intimidated by the process of speaking with and interacting with medical care providers following a spinal cord injury. A spinal cord injury lawyer at The Sessions Law Firm can help facilitate your concerns and questions with your medical care providers to ensure that your questions are being answered.