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The spinal cord is a group of nerves that runs down the middle of a person’s back. It carries signals back and forth between the body and brain. The brain and the spinal cord make up the central nervous system.

A spinal cord injury disrupts these signals between the brain and the body. Spinal cord injuries are usually caused by an impact that fractures or dislocates the vertebrae – the bone disks that make up the spine.

Spinal cord injuries can be complete or incomplete. With a complete spinal cord injury, the brain is no longer able to send signals down the cord below the level of the injury. As a result, the person suffers complete loss of function below the level of the injury. With an incomplete injury, an individual retains some movement and sensation below the injury.

A spinal cord injury is a medical emergency and immediate treatment can reduce long-term effects. Initial treatments include medicines, braces or spinal traction to stabilize the spine, and surgery. Later treatment usually includes medicines and rehabilitation therapy. Mobility aids and assistive devices may also be used in order to help an individual to get around and perform some daily tasks.

Assessment

a) X-rays and scans
The type of scan an individual will receive depends solely on which part of the spine is injured, based on the assessments, and whether the person is a child or an adult. All scans should be carried out urgently.

b) Upper spine
If the person is 16 or over (an adult), and their healthcare team thinks it is very likely that they have injured their upper spine, they should be given a CT scan to give a detailed picture of this area.
If the injured person is under 16 (a child), they should be given an MRI scan. But if it is less likely that the person has suffered a spinal injury, the healthcare team might do an X-ray instead.
If the person (adult or child) has suffered a head injury, they may also need to have their head scanned to check for any brain damage.

c) Lower spine
If the person is 16 or over and their healthcare team thinks that it is likely that they have an injury to their lower spine, they should be given a CT scan. If the CT scan shows that the spinal cord might be injured, an MRI scan may be required to confirm this.

Case Law

In the case of Re Bhavsar [1999] the claimant suffered serious spinal cord injury and nerve damage to the right side. This resulted in total loss of sexual function; impaired mobility, and bowel and bladder problems.
The claimant was stabbed in the back in the course of a robbery. He suffered a very serious spinal cord injury causing nerve damage which resulted in a loss of sensation in the right side from leg to chest level. Accompanying this, there was a total loss of sexual function and consequential loss of enjoyment of marriage and the claimant’s mobility was impaired.

There was no reduction of the claimant’s life expectancy; however there was no prospect of improvement of his symptoms. Prior to the attack, he managed and supervised his own business. After the attack he was only able to carry on the business with the regular unpaid help of his wife, the paid help of his two daughters and the employment of a series of part-time employees.

On the issue of pain, suffering and loss of amenity (PSLA) the claimant was awarded £37,500.00.

In addition, the claimant received past loss of earnings: £19,356.74; future loss of earnings: £73,057.92; further costs of equipment/adaptations/accommodation conversion: £31,468.41; past care: £24,000; future care: £80,000.

The total award (including past and future costs and miscellaneous expenses, but before deduction of benefits) amounted to: £287,418.
The sums awarded in 1999 need to be increased to take inflation into account.

Author Petia Georgieva is a Trainee Solicitor at Duncan Lewis. She currently works in the Personal Injury department handling all aspects of the field including, road traffic accidents; employers liability claims; public liability claims.

Duncan Lewis Personal Injury Solicitors have extensive experience representing clients who have sustained injuries as a result of accidents. Duncan Lewis’ no win no fee personal injury solicitors are proud of their reputation for being caring and considerate in their dealings with personal injury. If you or a loved one has been affected by a spinal cord injury, please contact one of our team of experienced Personal Injury lawyers for a confidential discussion on 0333 772 0409.