Harm to nerves that rest within the bony encasement of the spinal canal is considered a spinal cord injury. Often a spinal cord injury is the result of trauma suffered in an accident. However, a spinal cord injury can also be the result of someone’s disease, tumors, loss of oxygen, or poisoning. Sometimes the injured spinal cord sustains a loss in its capacity to send or receive messages between the brain and the systems of the body, whether these are motor systems, sensory systems or those that control autonomic function. This can result in paralysis the body below the site of the spinal cord injury. If you have suffered paralysis arising from a spinal cord injury, you may have legal options you can exercise in order to recover compensation from any responsible parties. A skilled Syracuse personal injury attorney can help you explore your options.
Paralysis Arising From Spinal Cord InjuryThe central nervous system is composed of the brain and the spinal cord. The spinal cord controls the sensations experienced by the body as well as movements. A spinal cord that is injured doesn’t have the ability to send or receive messages, and paralysis can be the result. Sometimes in an accident, there is a preliminary blunt force that kills cells in the spinal cord, and subsequently, toxic chemicals are released and oxygen is lost to the site. In other words, the initial response to the trauma may not be paralysis, but paralysis may arise later.
Personal InjuryIn most personal injury lawsuits related to spinal cord injuries, the plaintiff will need to establish another party’s negligence. This means the other party owed a duty of care, breached that duty, caused injuries, and damages. The duty of care varies depending on the circumstances. For example, a truck driver’s duty of care is different than a property owner’s duty of care.
In a truck accident, there may be multiple parties whose breach of the duty of care contributes an accident. The immediate reaction may be to look at actions taken by the truck driver to see how his or her breach may have caused the accident. However, an experienced personal injury attorney will also look at whether the trucking company used reasonable care in hiring, supervising and training the truck driver. They will also consider whether any repairs were made on the truck and whether the repairs were performed negligently, whether a third party loader may bear some responsibility, and whether there were any defects in some part of the truck that could have caused the accident, such as defective breaks.
On the other hand, if your spinal cord injury resulted from you falling off a balcony that had rotting beams on someone else’s property, you’ll need to show that the property owner was negligent in dealing with the rotten beams. Usually this requires proof that the property owner knew or should have known about the dangerous aspect of the property, and didn’t fix it or issue warnings not to go on the balcony.
Medical MalpracticeSometimes spinal cord injuries occur when health care providers make mistakes and injure their patients. However, not every error resulting in paralysis constitutes medical malpractice. To prove medical malpractice in a lawsuit you’ll need to show: (1) a health care provider owed you a duty of professional care, (2) breach of the professional duty of care, (3) causation and (4) actual damages.
Spinal cord injuries can occur under many different circumstances in medical settings. A common way is through surgery. The spine might also be damaged because of improper positioning during an anesthesiologist’s dispensation of medication. Additionally, a spinal cord injury could be the result of spinal compression when a disc disease is not properly managed.
Consult a Seasoned Personal Injury Attorney in SyracuseIf you have suffered paralysis arising from a spinal cord injury in Syracuse and it was the fault of another, you can consult skillful trial lawyer about whether you have a cause of action to recover damages in a personal injury or medical malpractice suit. DeFrancisco & Falgiatano represents injured victims in Syracuse, Rochester, and throughout Upstate New York, including in areas such as Ithaca, Binghamton, Cooperstown, Auburn, Lyons, Elmira, Canandaigua, Wampsville, Utica, Oneida, Oswego, Herkimer, Watertown, and Lowville. Call us at 833-200-2000 or contact us via our online form.