Miami Spinal Cord Injury Lawyer

The spine is not built to handle the sudden impact of a car accident. While the spinal cord will act as a shock absorber for the rest of the body, it may suffer from tearing ligaments, pinching nerves, and other damage.

• Spinal cord injuries. Car, truck, bus, and motorcycle accidents are the leading cause of SCIs leading to paralysis.
• Spondylolisthesis. When a vertebra shifts out of place due to a stress fracture in the bone, it may press on the nerves or on the spinal canal.

• Disc herniation. One or more of the spinal discs between the vertebrae can shift out of place during an accident. When the disc shifts, it can compress nearby nerves or structures, causing radiating pain or weakness, numbness, or tingling.
• Dislocation fracture. The most common type of back injury from a car accident happens when the vertebrae ligaments or discs that connect two vertebrae are stretched or torn, causing the bones to come out of alignment.
• Whiplash. A very common injury during collisions that send the driver’s head snapping backward. This injury generally affects the cervical portion of the neck and symptoms may include pain, stiffness, headaches, dizziness, blurred vision, and soreness. Rest and physical therapy are two of the best ways to manage symptoms associated with whiplash.

Slip and fall accidents and falls from a height account for a large percentage of SCIs. Statistics show that approximately one-fourth of all such injuries can be referred to as a fall, especially among 65-year-old victims.

These types of accidents can occur on the premises of a negligently maintained propriety or restaurant or even while on the job.

The duty of care of homeowners requires that they warn guests of any known dangers such as slick floors, loose tiles or ceiling parts, aggressive pets, or any other threats that might not be obvious to guests.

People frequently slip and fall in retail stores, sporting and entertainment venues, restaurants, gas stations, and other locations.

Managers and owners of these public venues have an even higher duty of care toward guests because they have invited the public onto their premises for the specific purpose of transacting business.

Acts of violence, including gunshot wounds and knife wounds, account for an important percentage of the SCIs that are suffered each and every year in the U.S.

Some of the most worrisome cases of paralysis are those directly related to medical malpractice. Paralysis from medical malpractice is very much a reality in Florida hospitals following medical procedures and surgery. These are the most common causes of paralysis when medical malpractice is involved:

Medical errors during childbirth. Doctors are forced to act swiftly throughout labor and delivery, but mistakes can happen. Standard medical practices can place the mother and infants in jeopardy if too much force is used during delivery. This can lead to damage to the bundle of nerves known as the brachial plexus, and can permanently damage the newborn’s arm functionality.

Inaccurate diagnosis or failure to treat. When medical professionals fail to diagnose or treat your condition properly or to do so in a timely fashion, the condition may result in permanent spinal cord damage that is past the point of treatment.

Surgical errors during spinal cord or brain procedures. Brain, back, and neck surgeries are usually among the most serious medical procedures a patient will endure. Largely, that’s because of the invasiveness involved and, accordingly, the risk of what could go wrong. The slightest misstep in neurological or orthopedic surgery could lead to paralysis as well as permanent damage to the spine and the brain.

Deprivation of oxygen during a surgical procedure. Hypoxemia or deprivation of oxygen can lead to brain injury causing paralysis if the deprivation occurs for a long period. The deprivation may be a result of the selection of the wrong anesthetic agent, administering an incorrect dosage of anesthesia due to a misreading of the medical record entry error, miscalculation of the patient's size, weight, and mass. Anesthesia malpractice can occur in the operating room or in a physician or dentist's office.

Deep vein thrombosis (DVT) may also be an issue for people suffering from SCI during their acute hospital stay. DVT occurs when a blood clot forms in a deep vein, usually in the lower leg or thigh. DVT can lead to amputation or be life-threatening if the clot breaks loose and finds its way to the lung, causing a pulmonary embolism.

In order to qualify as medical malpractice, paralysis must have been caused by medical negligence on the part of a doctor, nurse, or hospital, or by the use of a defective product. Paralysis malpractice claims generally fall into two categories: injuries caused by negligence and injuries caused by defective products. For a case to count as negligence, paralysis must have been the result of an error on the part of the medical staff that attended to you.

• For example, a young woman was awarded compensatory damages for her spinal cord injury malpractice lawsuit. An MRI showed that she had an abnormal mass growing on her thoracic spine, but the hospital’s radiology department deemed her spine normal. As a result, doctors erroneously diagnosed her, and she was discharged after receiving the wrong type of treatment. Four years later the mass ruptured, leaving her paralyzed. She was able to recover damages on the basis that the radiology department was negligent when handling her MRI results.
• In another example of spinal cord medical malpractice, a man went to his doctor complaining of stress, and she prescribed a mild anti-anxiety medication. After several weeks, the patient contacted his doctor complaining of tingling and numbness in his hands and feet. The doctor advised him to lower his dosage. During a new visit, the doctor noted his symptoms as being "debilitating" but at no point did she perform a physical exam, instead recommending psychological counseling to handle his anxiety. A few weeks later he called again complaining of still worsening symptoms, and he was advised that he could choose to visit the ER if he felt he needed to, though again no urgency was noted. The patient was admitted to the ER two days later, and it was discovered that he had been experiencing swelling of the cervical spinal cord. Due to the lack of action, he is now permanently disabled and brought suit against his doctor.

Paralysis is a devastating condition that completely changes the way people live their lives. It is defined as a deterioration of voluntary muscle function caused by disease of the brain, nerves, or spinal cord or by spine or brain injury.

Paralysis can mean the loss of use of two or all four of your limbs, one or both sides of your body. It can be permanent or temporary; it can affect the mobility in your fingers, arms, legs, or toes.

Once the spinal cord nerves are injured, they can't regenerate, and lost functions are lost forever. According to the Christopher & Dana Reeve Foundation, the primary causes of paralysis consist of:

• Stroke (29%)
• Spinal Cord Injury (23%)
• Multiple Sclerosis (17%)
• Other (9%)
• Cerebral Palsy (7%)
• Post-Polio Syndrome (5%)
• Neurofibromatosis (4%)
• Traumatic Brain Injury (4%)

In all paralysis injury cases, if someone else’s negligence caused the damage, then you can make a claim for compensation to cover the cost of medical expenses, long-term medical costs, and loss of income.

If you or a loved one has become paralyzed as the result of the negligent or wrongful acts of another in Florida, the dedicated Miami catastrophic injury attorney at The Law Offices of Sean M. Cleary can help. Sean Cleary has a critical understanding of the effects paralysis has on the body and on daily life and his many years of experience guarantee he has the knowledge and resources to pursue just compensation for your losses. You can contact our office for a confidential consultation.

Paraplegia is a type of paralysis that occurs when sensation and movement are absent in the lower half of the body, including the legs, but not the arms.

Paraplegia is the product of damage to the thoracic spinal cord and is, usually, more severe when it's closer to the top vertebrae. The same person could experience symptoms that change from day to day.

Proper treatment can significantly affect the prognosis and progression of this impairment.

Most cases of paraplegia are the result of spine or brain injuries caused by serious accidents such as car crashes or construction site explosions. Anyone who is experiencing paraplegia as a result of an accident that was not their fault may be eligible to receive compensation.

Not only can paraplegia affect a person physically, but it can also be devastating financially:

• Paraplegia first-year expenses may reach $480K
• Paraplegia lifetime expenses starting at age 25 can be as high as $2.1 million

Each case will be decided on its own merits by pointing out the gravity of the injury as established by a self-reliant medical examination. Due to the permanent nature of paralysis, the amount of compensation can be substantial. This compensation will be paid out by the person or company who was negligently responsible for the accident or their insurance company.

The result of damage to the neck region is typically the most severe SCI, producing varying degrees of paralysis of all limbs and torso. Tetraplegia may produce difficulties with bladder and bowel control, respiration, and other routine functions and may require an electrical implant or a ventilator for the person to breathe. Of all types of paralysis that can be suffered, quadriplegia is often the most challenging to recover from and cope with. An individual may lose partial or complete control over his or her limbs and all other bodily functions below the point of injury. The cost of an injury depends greatly on how severe the accident was and whether or not you are now partially or fully paralyzed.

Recent studies suggest the following stats about the financial burden of quadriplegia:

• Quadriplegia first-year expenses – Between $712K and $985K
• Quadriplegia lifetime expenses starting at age 25 – Between $3.1 million and $4.3 million

Without financial compensation, a person may be stuck paying for these costs out of pocket.

When paraplegia or quadriplegia was caused by someone else, they should be the ones taking on this financial burden. If you or someone you know has been injured in an accident, financial compensation may be recovered to pay for medical bills, lost wages, and other expenses.

We will take on insurance companies, negligent drivers, negligent employers, negligent medical professionals, and anyone else who stands between our client and fair compensation.