Spinal Injuries a Leading Cause of Paralysis

by HGD Staff

A 2016 report by the Centers for Disease Control and Prevention (CDC) in cooperation with the University of New Mexico revealed that as many as 5.4 million Americans are living with some form of physical paralysis. The data for the research came from 2013 and illustrates just how common paralysis is becoming. Perhaps not surprisingly, the leading cause of paralysis is spinal cord injuries.

Paralysis Statistics

 Key findings from the report included details about demographics and causes of paralysis. For instance:

• Approximately 1.75% of the U.S. population suffers from paralysis
• Roughly 75% of those with paralysis are under 65 years of age
• Other than spinal cord injuries, stroke was another common cause
• Only about 25% of those with paralysis had a college education
• On average, only one in six maintained regular employment
• Two-thirds had weight issues (overweight, obese, or underweight)
• About a third of those with paralysis smoked

Causes of Spinal Cord Injury in America

There are many ways that individuals can suffer a spinal cord injury. These include falls, sports injuries, auto accidents, and physical assaults, just to mention a few. Sadly, in many situations, the victim is in no way responsible for the injury. This means that someone else’s careless or reckless behavior can lead to a serious and life-changing injury from which there may be no potential for recovery.

How Auto Accidents Cause Spinal Cord Injuries

 In a motor vehicle crash, a person’s body is moving at the same rate of speed as the vehicle they are in. When the vehicle strikes another object, it comes to an abrupt stop. In other words, the vehicle decelerates very quickly. However, the person’s body continues moving at the same speed it was traveling. Even if properly restrained by a seatbelt, a human male body which, in the U.S., averages about 195 pounds, shakes violently about at speeds of up to 70-80 miles per hour, often striking interior parts of the vehicle with extreme force. This can lead to irreparable damage to internal organs, bones, ligaments, and tendons. There can be muscle damage, as well. The most severe of these injuries occurs when the spinal cord is injured.

Understanding Spinal Cord Injuries

The human spinal cord is only about 18 inches long, on average. It travels from the base of the brain all the way down to the lower back, where it ends in the sacral region. A common misconception is that an ‘incomplete’ spinal cord injury means the paralysis is curable or may be repaired. In reality, the key distinction is just the regions of the body affected, not the severity or permanence of the injury. Likewise, some tend to think that incomplete means the spinal cord is not fully cut or severed. Again, this is a misconception. Rarely is a true “severing” of the cord required to cause paralysis.

A spinal cord injury is often a deep bruise or other crushing force injury to the spinal cord that permanently disrupts blood flow and nerve activity. The effects of a spinal cord injury may include:

• Paralysis
• Immobility
• Loss of sensation
• Incontinence of bladder and bowel
• Respiratory deficits
• Much more

 

Complete vs. Incomplete Spinal Cord Injury (SCI)

A complete SCI is one that affects all sensation and control at or below the point of injury. The higher in the spine the injury, the more significant the loss. For instance, a spinal cord injury to the upper thoracic (mid-back) region of the spine will be considered a complete SCI if there is a “complete” and total loss of sensation and motor function at and below that point. The loss will affect all function and both sides of the body.

An incomplete SCI may only affect one side of the body or may be more severe in one place than another. This is because blood flow may only be restricted in a specific way or some nerves may be unaffected by the injury.

Getting Help After a Spinal Cord Injury

 If you or a loved one are suffering from a spinal cord injury after being injured in a slip and fall accident, auto, truck or motorcycle accident, or any other type of injury that was caused by someone else’s negligence, then you have a right to seek compensation for your loss. The law holds people accountable for their actions, and you may be entitled to financial compensation for:

• Loss of income
• Medical expenses
• Adaptive housing and devices
• Vehicle modifications
• Rehabilitation
• Pain and suffering
• Emotional anguish and distress
• Loss of enjoyment of life

For a completely free initial case consultation, call Heninger Garrison Davis, LLC today. With offices in Georgia, Alabama, New Jersey, and New York, we stand ready to fight for your rights to help you get the compensation you deserve.

 

 

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3 Important Facts to Understanding Nursing Home Abuse and Neglect

by HGD Staff

 

A 2009 study showed that as many as 50% of all seniors living with dementia have been the victim of some form of abuse. According to the National Center on Elder Abuse (NCEA), government reports indicate that as many as 70% of all state investigations of nursing homes result in findings of deficiencies. More terrifying, about 15% of these investigations completely overlook and miss real evidence of immediate jeopardy to a resident.

At Heninger Garrison Davis, LLC, we know that losing a loved one at any age is a traumatic event. When someone you love is seriously harmed, abused, exploited, or neglected by a nursing home facility at which they were supposed to be receiving help, it can be absolutely infuriating. Many families feel they must suffer in silence, and adult children and surviving spouses are often left feeling guilty or ashamed. Fortunately, you have options. Here is what you should know about skilled nursing facilities in the U.S.

1.  Most Nursing Homes are Privately Owned

 The National Long Term Care Ombudsman reported in 2001 that as many as half of all nursing home residents lived in privately owned nursing homes. Since that time, the number has risen dramatically, with almost 70% of all nursing homes in the country now being owned by private corporations, according to the Centers for Disease Control and Prevention (CDC). Privately owned nursing home companies do a lot of fancy accounting in order to hide their true ownership.

In many states, owners can be held personally responsible for injuries and deaths in facilities. Therefore, high-powered law firms and accounting firms have worked hard to shelter these owners. In turn, many nursing home companies operate facilities on slim margins, leaving facilities barely able to meet expenses, all the while passing huge profits to shareholders. By creating strong financial incentives for diminishing the quality of care, nursing homes put our seniors at risk.

2.  Nursing Homes do Not Have to be Insured

Surprisingly, there is currently no federal law requiring nursing home facilities to carry professional liability insurance. Regardless of what state you live in, you almost certainly have some form of financial responsibility law that requires you to carry a minimum amount of insurance on your car. Yet, you can own and operate a healthcare facility, designed to provide nursing services to disabled, mentally impaired, or chronically sick seniors who are in the most vulnerable stage of life, and you can do it without any insurance in many states.

With such a low financial requirement, owners hide behind large corporate shell games, leaving injured residents and their families to suffer the burdens of serious injuries alone.

3.  Nursing Home Injuries are Often Hard to Spot

 Unlike a car crash, it is not always easy to spot nursing home abuse. Victims are often vulnerable and unable to stand up for themselves. They may be ashamed or fearful of retaliation and be unwilling to speak up. Others may be suffering from Alzheimer’s disease or other health-related cognitive delays. As such, many nursing home residents are perfect prey for sexual predators and those with violent tendencies looking for an easy victim.

Worse yet, many elder abuse injuries are subtle and may just look like the “natural” aging process. Consider just a few examples:

• A bedsore is a wound that develops, usually near bony prominences like hips, tailbone, or elbows. A bedsore can rapidly deteriorate, leading to infection and death. At first, you may be told these sores are natural and due to a medical condition. However, keep in mind that most are completely preventable with appropriate care.
• Again, nursing home administrators and nurses will typically tell families that falls are unpreventable, because the senior “would not listen” or “refused to use a call light.” The fact remains, however, that falls are usually also preventable. There are many devices and procedures available for preventing falls in nursing homes. In many situations, the staff simply failed to respond to call lights or refused to implement the necessary devices to avoid falls.
• Medication Errors. Medication errors account for thousands of injuries and deaths each year. Sadly, because nursing home residents are often already quite ill, an unexpected death may look like the natural consequence of a disease, such as kidney failure or respiratory distress. However, the resident may have had years of life left, only to die because he or she was not getting the medication a doctor prescribed.

Get Help Today

 If you have any suspicion that a facility may have neglected or abused your loved one, do not take their word for it. Call Heninger Garrison Davis, LLC today. We have a team of dedicated nursing home negligence lawyers who can carefully review the facts and help you determine if you and your family may be entitled to compensation.

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5 Signs Your Aging Parent May Need Caregiving Support

by HGD Staff

As people progress into old age, routines and familiar surroundings provide comfort and a sense of safety for them. However, their ability to care for themselves or stay safe often becomes an issue. Each time we visit an aging family member, we have an opportunity to evaluate how their health is, if they are maintaining a safe and hazard free environment, and if they are enjoying a good quality of life. If you identify any of the five warning signs here, there is a good chance your loved one may need some type of caregiving support.

1.Falls

If your loved one has had a fall, chances are high that he will have another one. Much like you would baby-proof a house for a new infant, people with a high fall-risk need a fall prevention plan for their home by evaluating all fall hazards. Look for unsafe stairs such as those without railings or poor lighting. Install handrails on both sides of stairs, support rails in bathrooms and showers, add lighting, and consider adding ramps where possible. Throw  rugs, clutter, and other tripping hazards need to be removed. A certified aging in place specialist, or a physical or occupational therapist can help evaluate your loved one’s needs and their home environment.

2. Unpaid Bills

If you see stacks of unopened mail, unpaid bills, or other key financial or legal documents that have not been addressed for some time, your loved one may no longer be cognitively or physically capable of handling them. Assess the situation to determine if it is temporary or ongoing. You may be able to help by just sorting the mail and helping them to make a prioritized plan. If the need is greater, you or another family member may be able to take over the more complicated matters while they attend to the day to day finances. It may be also be wise to involve a financial planner who can help simplify their affairs. Make sure your loved one has the appropriate legal documents in place so you or someone else may help manage their affairs in case of an emergency.

3. Car Accidents

The ability to drive allows for much freedom and independence that many of the aging are reluctant to give up. However difficult it may be, if you are seeing multiple accidents, or other warning signs such as scrapes or dents in the car, it is time to have a talk about driving. Ride with your loved one on occasion to observe their driving behavior. Consider medical issues possibly causing issues that may be an easy fix such as a change in glasses prescription. If you determine that it is time for your loved one to hand over the keys, work with them on a plan for other transportation options.

4. Loneliness

As we age, our circle of family, friends, and community often becomes smaller. Look for signs that your loved one may be isolated and in need of a good support system. Help them make a plan that keeps them engaged in activities such as attending a senior center, faith-based programs, or having regular outings such as breakfast or lunch with friends. Help make the arrangements that keep your loved one involved and active. Encourage them to use technology to keep in touch through video chat, online and social media and then plan to initiate contact with them on a regular basis.

5. Appearance Changes

If you begin to notice changes in your loved one’s appearance such as excessive weight gain or loss; not bathing; wearing dirty clothes or the same clothes every day; is experiencing disturbed sleep patterns, then it is time to have them evaluated by a medical and psychological health professional. Once you determine what is causing the changes – are mobility issues or vision issues keeping them from properly caring for themselves – then help make a plan to improve their situation. If appropriate, arrange for meal delivery, housekeeping, laundry assistance, and medication management. When possible, help provide your loved one the resources they need to care for themselves.

As you approach these conversations with your loved ones, assure them that you are not trying to take over their life but rather trying to help them be as independent as possible for as long as possible.

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