Cullotta Law Offices PC - 847-562-5801

Chicago Brain Injury Attorney - Type 1, Chiari Malformations

If you have been in a recent accident that exacerbated a Chiari Malformation , a pre-existing neurological condition, and since the accident have started experiencing facial numbness, serious headaches, swallowing problems, vision problems, ringing in the ears, speech problems, and confusion, a post-traumatic lumbar disc disease, and or undergone surgery – contact a Greater Chicago Chiari Malformation Attorney at 847-562-5801 for a FREE Consultation. Do not delay .

What are Chiari malformations ?

Chiari malformations (CMs) are structural defects in the cerebellum, the part of the brain that controls balance.

Chiari I Malformations ?

Chiari Malformations are classified by the severity of the disorder and the parts of the brain that protrude into the spinal canal. Type I involves the extension of the cerebellar tonsils (the lower part of the cerebellum) into the foramen magnum, without involving the brain stem. Normally, only the spinal cord passes through this opening. Type I — which may not cause symptoms — is the most common form of CM and is usually first noticed in adolescence or adulthood, often by accident during an examination for another condition. Type I is the only type of CM that can be acquired.

What are some symptoms of a Chiari malformation ?

Many persons with a Type I CM do not have symptoms and may not know they have the condition.
Individuals with other CM types may complain of neck pain, balance problems, muscle weakness, numbness or other abnormal feelings in the arms or legs, dizziness, vision problems, difficulty swallowing, ringing or buzzing in the ears, hearing loss, vomiting, insomnia, depression, or headache made worse by coughing or straining.
Hand coordination and fine motor skills may be affected.
Symptoms may change for some individuals, depending on the buildup of CSF and resulting pressure on the tissues and nerves.
Infants may have symptoms from any type of CM and may have difficulty swallowing, irritability when being fed, excessive drooling, a weak cry, gagging or vomiting, arm weakness, a stiff neck, breathing problems, developmental delays, and an inability to gain weight.

Are other conditions associated with Chiari malformations ?

Individuals who have a CM often have these related conditions:

· Hydrocephalus is an excessive buildup of CSF in the brain.

· Spina bifida is the incomplete development of the spinal cord and/or its protective covering.

· Syringomyelia , or hydromyelia, is a disorder in which a CSF-filled tubular cyst, or syrinx, forms within the spinal cord’s central canal.

· Tethered cord syndrome occurs when the spinal cord attaches itself to the bony spine and can, as disease progresses, result in permanent damage to the muscles and nerves in the lower body and legs.

· Spinal curvature is common among individuals with syringomyelia or CM Type I.

How are Chiari malformations diagnosed?

Many people with CMs have no symptoms and their malformations are discovered only during the course of diagnosis or treatment for another disorder.

The doctor will perform a physical exam and check the person’s memory, cognition, balance (a function controlled by the cerebellum), touch, reflexes, sensation, and motor skills (functions controlled by the spinal cord).

The physician may also order one of the following diagnostic tests:

An X-ray uses electromagnetic energy to produce images of bones and certain tissues on film. An X-ray of the head and neck cannot reveal a CM but can identify bone abnormalities that are often associated with CM. This safe and painless procedure can be done in a doctor’s office and takes only a few minutes.
Computed tomography (also called a CT scan) uses X-rays and a computer to produce two-dimensional photos of bone and vascular irregularities, certain brain tumors and cysts, brain damage after a head injury, and other disorders. Scanning takes about 3 to 5 minutes and is painless
Magnetic resonance imaging (MRI) is the imaging procedure most often used to diagnose a CM. Like CT, it is painless and noninvasive.

How are Chiari malformations treated?

Some CMs are asymptomatic and do not interfere with a person’s activities of daily living. In other cases, medications may ease certain symptoms, such as pain.

Surgery is the only treatment available to correct functional disturbances or halt the progression of damage to the central nervous system. More than one surgery may be needed to treat the condition.

Common types of CM surgery:

Posterior fossa decompression surgery is performed on adults with CM to create more space for the cerebellum and to relieve pressure on the spinal column. Surgery involves making an incision at the back of the head and removing a small portion of the bottom of the skull (and sometimes part of the spinal column) to correct the irregular bony structure. The neurosurgeon may use a procedure called electrocautery to shrink the cerebellar tonsils. This surgical technique involves destroying tissue with high-frequency electrical currents.
A related procedure, called a spinal laminectomy, involves the surgical removal of part of the arched, bony roof of the spinal canal (the lamina) to increase the size of the spinal canal and relieve pressure on the spinal cord and nerve roots.
The surgeon may also make an incision in the dura (the covering of the brain) to examine the brain and spinal cord. Additional tissue may be added to the dura to create more space for the flow of CSF.
Similarly, surgeons may open the spinal cord and insert a shunt to drain a syringomyelia or hydromyelia. A small tube or catheter may be inserted into the syrinx for continued drainage.

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DISCLAIMER : The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

December 16, 2008

When Choosing A Nursing Home in Illinois. . .

The new Medicare Nursing Home Compare Website can be used by Illinois residents to pick a nursing home that they feel comfortable and secure placing their loved one in. Several Illinois nursing homes have received poor ratings on the new Medicare sponsored website.

Warren Barr Pavilion
International Village
Alden Lakeland Rehab & HCC
Renaissance at Hillside

To research more nursing homes on the Medicare website please click here .

If you or someone you love may have been harmed in a nursing home please contact the attorneys at CULLOTTA LAW OFFICES PC .

2009 Safety Tips Update & Review

Preventing Brain Injuries

Wear a helmet and other protective gear when riding a bicycle or motorcycle, and for other sports and recreational activities, such as roller staking, inline skating, skate boarding, horseback riding, or any other activities that may result in head injury.

Do not drink alcohol or drink in moderation.

Make sure your house is safe for children and the elderly.

Wear a safety belt and put infants and children in car seats while in a motor vehicle. If possible make sure your car has an airbag.

Never leave children unattended at the park or in any other recreational atmosphere.

When swimming make sure the pool is clear and that the person is diving at the appropriate depth. No horseplay in the pool or pool area and supervise children in and around swimming areas; have a buddy, even for adults.

Preventing injuries from falls:

Babies and infants can be wiggly and roll around easily; toddlers and small children can climb their way into trouble. Protect your children from falls by paying special attention to windows, cribs and beds, different areas of the house, and outdoor playgrounds:

Windows

Install safety bars on upper-story windows. These bars must be childproof but easy for adults to open in case of fire.

If you don't have safety bars on your windows, close and lock windows when children are present. For ventilation, open windows from the top, and provide adult supervision.

Keep furniture away from windows to prevent children from climbing onto sills.

Don't rely on window screens to keep children from falling out of windows.

Cribs and beds

Keep side rails up on cribs.

Never leave a baby unattended on a changing table or bed. When choosing a changing table, opt for one with two-inch guardrails.

Always secure safety belts on changing tables, strollers, carriages, and high chairs. Be sure to strap a small child securely into the seat of a supermarket shopping cart.

Do not put a child under age six on the top bunk of a bunk bed. Attach guardrails to the side of the top bunk.

Around the house

Attach protective padding or other specially designed covers to corners of coffee tables, furniture, and countertops with sharp edges.

Install hardware-mounted safety gates at the top and bottom of every stairway (pressure-mounted gates are not as secure). Avoid accordion gates, which can trap a child's head.

Clean up any spills around the home immediately.

Keep stairways clear.

Make sure there are no loose rugs on the floor. Put specially designed pads under rugs to hold them securely to the floor's surface.

Apply nonskid strips to the bottoms of bathtubs.

Outdoors

Be sure outdoor playground equipment is safe, with no loose parts or rust.

Playground surfaces should be soft to absorb the shock of falls. Good surface materials include sand and wood chips: avoid playgrounds with concrete and packed dirt.

Never allow a child to play on a trampoline, even with adult supervision.

October 23, 2008

Illinois State Bar Association Conference Update

Earlier this week, I had the opportunity to address members of the Illinois State Bar Association at a conference. The conference focused on the interaction between attorneys and experts and the use of experts to prove and/or disprove personal injuries, medical malpractice, and wrongful death cases. I was honored to be the one of eight attorneys chosen by my to address this prestigious body.

The focus of my presentation was on how to find expert witnesses. My emphasis was that lawyer colleagues are itself the best resource available and that we should be ask them about the expert's behavior and performance level. I discussed ways to enlarge an attorney's circle of colleagues with The Jury Verdict Reporter, Listservs and legal conferences geared toward your area of practice.

I also had the chance to discuss the importance of meeting your expert in person and early on before hiring him/her. How lawyers must know and understand the subject matter of the expert's area, as well as, research public domain information about the expert prior to hiring him/her.

Emphasis was placed on a simulated courtroom experience which uncover problems, such as overly technical references, that can be corrected before actual testimony, but more importantly will enable attorneys to replace someone who could hurt their position.

Finally, I addressed the importance of Preparing An Expert's Testimony for Trial. To not assume that experts, even experienced experts, will make a persuasive trial presentation in the absence of preparation. In my practice I believe that preparing an expert's testimony should include: The expert can summarize her essential opinions in no more than three persuasive sentences each; Be sure that the facts of the case are fresh in the expert's mind; Make sure the expert has his entire file; If causation is an issue, ask the causation question again and make the expert answer the question for you. No "hiccups" on the causation question; Repeat questions regarding authoritative literature, the definition of the standard of care, and what the expert understood her role to be at the time she initially received the file; Have the expert re-articulate their response to defense theory.

$36 Million Brain Injury Verdict

Jury verdict against the Cook County Sheriff in favor of a 51 year old mother of two who sustained severe brain stem injury causing quadriplegia and cranial nerve injuries when she was broadsided by a Sheriff's Police officer traveling through a red light at approximately 70 mph. The plaintiff was required to prove, and the jury found, that the officer's conduct was willful and wanton

October 13, 2008

Driver in Speed Related Accident Charged With Negligence

A man has been charged with negligence after the car that he was driving flipped over multiple times as a result of his excessive speed while driving . The car had four passengers, two of which were ejected from the car in the crash. One of the two ejected was the driver, who was in the hospital for a week but is now out of the hospital. The other passenger that was ejected from the vehicle sustained brain injuries and is still undergoing treatment. The other two passengers that were not ejected did sustain minor personal injuries. As of now there are no further details on the lawsuit.

October 9, 2008

Illinois slip and fall lawsuit reaches settlement

An Illinois plaintiff who suffered a slip and fall at a Lowe's has settled his Illinois personal injury lawsuit. The Illinois lawsuit claimed that the plaintiff was shopping for plumbing supplies just over a year ago when he tripped and fell on a piece of plywood that was lying on the floor.

Big Dig personal injury lawsuit settles for $28 million

The family of the woman killed when a Big Dig tunnel collapsed have settled a wrongful death lawsuit for more than $28 million. The woman was killed in 2006 when part of a tunnel ceiling collapsed on her car. The settlement resolves wrongful death claims against all fifteen defendants.

October 19, 2008

Personal injury lawsuit filed after I-270 car accident

An Illinois car accident from December 2006 is the subject of an Illinois personal injury lawsuit. The Illinois plaintiff claims that he was driving on Interstate 270 when the defendant struck his vehicle from behind. The personal injury lawsuit alleges that the defendant was negligently operating his car by failing to keep a proper lookout, failing to maintain a proper distance, failing to maintain a proper speed, and failing to stop his vehicle. The Illinois car accident caused the plaintiff head , neck, shoulder, and back injuries.

October 12, 2008

New Concussion Awareness Program

A new concussion awareness program has been developed by the Department of Health and Human Services (HHS) and the Centers for Disease Control and Prevention (CDC) in affiliation with the Brain Injury Association of Washington and the Seattle Seahawks.

The Centers for Disease Control and Prevention (CDC) is teaming up with the Seattle Seahawks and the Brain Injury Association of Washington as part of a campaign to help prevent young athletes from sustaining concussions

The campaign, "Washington Heads Up: Concussion in Sports," is an expansion of CDC's "Heads Up: Concussion in High School" and "Heads Up: Concussion in Youth Sports" initiatives. It includes materials and information to help coaches identify concussions and take immediate steps to respond when one is suspected. Campaign spokesman and former Seattle Seahawks quarterback Brock Huard is featured in the campaign's TV public service announcement, expected to air later this year.

As part of the campaign, clipboards and posters providing a comprehensive list of signs and symptoms of a concussion, as well as important steps to take when a concussion is suspected, will be mailed to every middle and high school in Washington State along with a letter from the Seattle Seahawks.

Campaign materials also emphasize the methods coaches and parents should practice to best protect athletes and prevent long-term problems:
- Insist safety comes first.
- Ensure athletes always wear the right protective equipment for their activity.
- Make sure their youth sports league or administrator has a concussion action plan in place.

Cullotta Law Offices - 847-562-5801 Brain Injury , Spinal Cord Injury , Medical Malpractice , & Other Injuries From our law offices in Glenview and Northbrook, the personal injury attorneys of Cullotta Law Offices, PC 847-562-5801 help people across Chicagoland, greater Illinois, and throughout the United States. Many clients come to us from Wheaton, Naperville, Bolingbrook, Schaumburg, Arlington Heights, Romeoville, Rockford, Aurora, Batavia, Evanston, Winnetka, Waukegan, Lake Forest, Barrington Hills, DeKalb, Freeport, Kankakee, Joliet, Elgin, Springfield, Champaign, Peoria, La Salle, Decatur, Lincoln, Urbana, Woodstock, Matteson, Tinley Park, Cook County, DeKalb County, Will County, Lake County, McHenry County, Kendall County, Kane County, DuPage County, IL and more.

October 18, 2008

Illinois I-270 car accident subject of personal injury lawsuit

A personal injury lawsuit has been filed in Illinois from a car accident that occurred on Interstate 270 in December 2006. The Illinois personal injury plaintiff was driving on I-270 when he was hit by a vehicle behind him . The Illinois lawsuit claims that the defendant failed to keep a proper lookout, failed to maintain a proper distance, failed to maintain a proper speed, and failed to stop his vehicle.

October 12, 2008

Man Killed In Automobile Crash

A man was killed when the Corvette he was riding in hit a tree in the north Chicago suburb of Glenview. The man was identified as a 21-year-old from the Chicago suburb of Wheeling. The 21-year old driver of the car survived the crash. The 2006 Chevrolet Corvette slammed into a tree along the road in the early morning. When emergency officials go there, they found the driver conscious and his passenger fatally injured. The driver was going westbound on Lake Avenue when he lost control of the vehicle, left the roadway and hit the tree. The driver was taken to the hospital with personal injuries. The passenger was pronounced dead at the hospital. The police and state's attorney's office are currently investigating the crash. At this time, no lawsuits have been filed.

October 11, 2008

27-Year-Old Woman Dies In Automobile Accident

A 27-year-old woman was killed and five people, including four children, sustained personal injuries after an automobile accident drove off the Bishop Ford Freeway on Chicago's Far South Side. Illinois State Police stated that the crash involved a single vehicle. The occupants involved in the automobile accident were a family, including four children under the age of 10. The car drove off the Bishop Ford Freeway and rolled over several times, coming to rest near the intersection of 120th Street and South Doty Avenue. The driver was a 27-year-old woman who was pronounced dead on the scene. Five other people were taken to area hospitals with non-life-threatening personal injuries. The cause of the accident remains under investigation and no personal injury lawsuits have been filed.

October 10, 2008

New Evidence That Coma Patients Feel Pain

Their is increasing research which shows that individuals in a comatose state who were previously thought to be incapable of feeling pain, are in fact aware of pain and require pain medication.

Coma is a poor term to describe the various states of unconsciousness. Better terms have been developed which classify patients in three stages, Coma, Vegetative State and the Minimally Conscious State. However, it is important to know that their are frequent errors made in the diagnosis of a patient's particular stage of consciousness and studies have shown that upwards of 41 percent of patients diagnosed as being in a vegetative state are actually in a minimally conscious state.

A new study evaluating brain scans of patients in various stages of coma has found that many of these individuals in both the vegetative state and the minimally conscious state are able to perceive and react to pain. This study is strong evidence that these individuals previously thought to be "brain dead" are capable of awareness and require pain medication.

The full study is in the October issue of the Lancet Neurology journal.

October 8, 2008

Drug Can Repair Brain Tissue After A Stroke

A cancer drug called bryostatin can repair brain tissue if it is administered within 24 hours after a strike according to a recent article appearing in the Sept issue of the Proceedings of the National Academy of Sciences. The drug is also being investigated as a treatment for reversing brain degeneration in Alzheimer's disease as well as in traumatic brain injury.

Currently, TpA is the drug of choice in minimizing or preventing a stroke. But, to be effective, it must be administered within the first three hours and does not repair damaged brain tissue.

The signs and symptoms of an Impending stroke are often missed by busy medical personnel. In such cases, it is important to consult with a medical malpractice attorney to determine if a case exists for negligent medical care.

October 5, 2008

More nursing home abuse allegations face elder care operator

An amended complaint has been filed by nursing home attorneys in a class action lawsuit against an elder care operator. The original complaint alleges nursing home abuse and neglect in cheating elderly residents and misrepresenting itself to prospective residents. The nursing home abuse attorney stated that as people learned of the lawsuit, former staff employees were acting as whistleblowers, revealing a whole host of nursing home abuse problems that were not originally included in the complaint.

October 4, 2008

Dangerous child booster seats

The risk of a brain injury to a child in a car crash can be reduced by the use of child car seats and car booster seats.

But, now we hear that Insurance industry and transportation researchers have cited 13 booster seats that don't put children in the best position to be protected in a car crash, but makers of the seats said their products meet or exceed federal regulations according to reports at the Associated Press.

The Insurance Institute for Highway Safety (IIHS), which conducts crash tests of new vehicles, and the University of Michigan Transportation Research Institute did not recommend: Compass B505, Compass B510, Cosco/Dorel Traveler, Evenflo Big Kid Confidence, Safety Angel Ride Ryte, Cosco/Dorel Alpha Omega, Cosco/Dorel (Eddie Bauer) Summit, Cosco Highback Booster, Dorel/Safety 1st (Eddie Bauer) Prospect, Evenflo Chase Comfort Touch, Evenflo Generations, Graco CarGo Zephyr, and Safety 1st/Dorel Intera.

Personal injury victims receive over one million in jury award

Roughly two years ago, a couple of men sustained serious personal injuries after a truck accident. One man sustained a fractured vertebra. The other man sustained injury to his knee and mild traumatic brain damage . Recently, a jury awarded the two men $1.5 million in a personal injury lawsuit. The lawsuit stated that the trucking company was negligent in hiring the truck driver and that the driver was negligent in causing the crash. The personal injury lawsuit award includes $750,000 for medical bills and another $750,000 for actual damages.

October 3, 2008

Neuro Ethics

A new web site dedicated to issues surrounding ethical issues in the neuro sciences. With continued focus on the brain and new technologies being developed on a daily basis, hard ethical issues need to be focused on by all of us.

The University of Pennsylvania maintains a comprehensive site dealing with a wide array of ethical issues pertaining to the brain. The site is entitled Neuroethics .

September 28, 2008

Abuse of Elderly Goes Undetected Too Often

Statistics show that elder neglect can be hidden, hard to prove and even underreported. A state's Department of Children and Families found that adults make up about 18 percent of their abuse cases. Most of those involved the elderly or people who looked senior. Administrators are worried that there are more cases of elder abuse, but since elders can refuse help and since they rarely leave the house, the abuse often goes unreported. Many elderly don't even go to the doctors that often, and that might be the only time they're out of their homes. On case of reported neglect involved the death of a 90-year-old woman at a nursing home. The woman had a large infected sacral wound that had evolved and was not treated properly at the nursing home. The medical opinion was that this wound eventually led to her death . Another investigation found a 95-year-old woman's death was the result of neglect. These numbers show that people must report elder abuse more often to ensure that nursing homes are properly caring for the seniors.

September 26, 2008

Report States Nursing Home Deaths Were Not Mercy Killings

A report has found that the death of six elderly patients at a nursing home in 2006 may have been the work of a nurse overdosing patients she found to be troublesome or believed had lived long enough. A 130-page report from the Illinois Department of Public Health claims that the nurse told co-workers she gave restless patients drug cocktails to keep them calm and flatly stated that "she made sure" one patient would not make it through the day. The report was generated as part of a 15-month state investigation into six mysterious deaths at the Illinois nursing home. The nurse faces criminal neglect charges alleging she intentionally gave four patients unsafe doses of drugs, including morphine . All four residents died within some hours of receiving the drugs. The nurse is alleged to have told co-workers that she gave difficult patients a medication cocktail so that she could have a quiet shift.

September 26, 2008

Family Looking for Answers After Nursing Home Patient Found Covered in Bruises

A family is looking for answers after a member of their family was found covered in bruises while she was a patient at the nursing home . The employees of the nursing home informed the family that she was injured when she fell, but this story does not seem believable. The family is now offering a reward for information because the Department of Human Services has declined to investigate. The nursing home patient had bruises all the way around her face, all the way down her chest and around her neck . The employees told the family that the woman had gone into her room and suffered a fall but could offer no other details. The nursing home patient stated that a man knocked her down, got on top of her and beat her unconscious. The family informed the DHS but they declined to investigate because there were no signs of abuse. The family has since moved the patient into another nursing home. This story is an example of the type of abuse that occurs at nursing homes throughout the country, including Chicago, Illinois.

Warning Signs of Nursing Home Neglect / Abuse

General Warning Signs

Bed/pressure sores
Low self-esteem/depression
Use of physical or chemical restraints
Use of unauthorized medication
Bruising or fractures
Malnutrition
Poor personal hygiene

Frequent illness/failure to report illness

Unexplained or unexpected death of resident
Rapid weight loss or weight gain
Failure of staff to report any changes in condition
Serious injury requiring hospitalization
Dirty living quarters, odors
Lack of privacy
Loneliness or Inactivity
Unanswered calls for help

Signs Of Physical Abuse

Assault
Battery
Sexual Assault
Sexual Battery
Rape
Unreasonable physical restraint
Prolonged or continual deprivation of food or water
Use of a physical or chemical restraint or psychotropic medication for any not consistent with that authorized by the physician
Giving too much medication
Not giving needed medication
Unexplained injuries
Caretaker cannot adequately explain condition
Open wounds, cuts, bruises or welts
Elder reports of being slapped or mistreated
Slapping, pushing, shaking, beating
Forcing an older person to stay in a room
Heavy medication or sedation
Any incident involving broken bones, especially a fractured hip
Injuries requiring emergency treatment or hospitalization
Any injury or death occurring during or shortly after an episode of wandering (including outside the facility) when the staff is not aware that the resident is missing for some p period of time
Bruises, especially in clusters or regular patterns in areas such as the neck or groin
Black eyes, welts, lacerations, rope marks, bone fractures, broken bones, skull fractures, open wounds, cuts, punctures and untreated injuries in various stages of healing;
Burns (commonly on soles, palms, or buttocks);
Laboratory evidence of medication overdose or failure to administer prescribed drugs;
An elder's sudden withdrawn behavior, or the refusal of the caretaker to allow visitors to see the elder alone.
Signs Of Neglect
Physical neglect: disregard for the necessities of daily living
medical neglect: lack of care for existing medical problems
Failure to prevent dehydration, malnutrition, and bed sores
Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter
Unsanitary and unclean conditions
Infections
Failure to protect from health and safety hazards
Poor access to medical services
Signs Of Verbal Or Emotional Abuse
Resident appears emotionally upset or agitated
Resident is extremely withdrawn and non-communicative
Unusual behavior (sucking, biting, rocking)
Resident exhibits humiliating, insulting, frightening, threatening or ignoring behavior towards family and friends
Resident prefers isolation

Spinal Cord Injury Glossary

The spinal cord is the major collection of nerves which transmits motor and sensory information from the brain to and from the rest of the body. It is surrounded by a column of bony rings called vertebrae. The column of nerves that travel from the brain to the tail bone make up the spinal cord and the column of protective bones is the spine. An injury to the spine may cause the bones around the spinal cord to break and press against the spinal cord, which can damage the nerves, affecting movement and sensation. Damage to the spinal cord and nerves can also occur without damage to the bones.

Nerves operate along a pathway (the spinal cord). When the path is broken, the messages cannot get through. This occurs when there is an injury or disease of the spinal cord. The amount of the loss of body function following injury or disease to the spinal cord depends on the level and "completeness" of the injury. The completeness of the injury refers to the amount of messages that are getting through the spinal cord. If someone is without any feeling or movement below their level of injury, then it is considered a complete injury. If someone has some feeling or movement well below their injury level, then it is an incomplete injury.

In addition to movement and sensation, the spinal cord carries nerves signals that affect many other body systems such as skin, bowel, bladder, and breathing. So, following damage to the spinal cord, depending on the level and "completeness" of the injury, these body functions may not work the same as before.

Other terms related to spinal cord and spinal cord injury:

Anterior Cord Syndrome: Condition affecting anterior part of spinal cord which involves variable loss of motor function and sensitivity to pain and temperature, while proprioception is preserved.

Autonomic Dysreflexia (going hyper): Uninhibited, sympathetic response below the level of injury, affecting persons with neurologic levels of T6 and above, resulting in abnormally high blood pressure with resulting headache, sweating above the level of injury, goosebumps and chills/fever. Considered a medical emergency if untreated.

ASIA Impairment Scale: The American Spinal Injury Association's (ASIA ) system of neurological classification is the most commonly accepted evaluation of impairment for spinal cord injury.

A - Complete: No sensory or motor function is preserved in sacral segments S4-S5.
B - Incomplete: Sensory, but not motor, function is preserved below the neurologic level and extends through sacral segments S4-S5.
C - Incomplete: Motor function is preserved below the neurologic level and most key muscles below the neurologic level have muscle grade less than 3.
D - Incomplete: Motor function is preserved below the neurologic level and most key muscles below the neurologic level have muscle grade greater than or equal to 3.
E - Normal: Sensory and motor functions are normal.

Brown-Séquard Syndrome: Involves a hemisection lesion of the cord, causing greater ipsilateral proprioceptive and motor loss with contralateral loss of sensitivity to pain and temperature.

Cauda Equina Syndrome: Involves injury to the lumbosacral nerve roots in the spinal canal leading to areflexic bladder, bowel and lower limbs.

Central Cord Syndrome: An injury involving the central part of the cervical region of the spinal cord resulting in greater weakness in the upper limbs than in the lower limbs with sacral sensory sparing.

Complete Spinal Cord Injury: No sensory or motor function in sacral segments of spinal cord S4-S5.

Incomplete Spinal Cord Injury: Sensory and/or motor function in sacral segments of spinal cord S4-S5.

Paraplegia: Injury to the thoracic, lumbar or sacral level of the spinal cord, resulting in paralysis of the lower extremities

Quadriplegia: Injuries at the cervical level of the spinal cord resulting in paralysis of the upper and lower extremities (more commonly referred to as tetraplegia).

Sacral Sparing: Sensory or motor function at the anal mucocutaneous junction. The presence of either is considered sacral sparing.

Spinal Shock: Often occurring soon after spinal cord injury, this is a loss of reflexes below the level of injury with associated loss of sensorimotor functions. This condition can last for several hours to days after initial injury.

Tetraplegia: (The more commonly used term for quadriplegia) Injury to the spinal cord in the cervical region with resulting loss of muscle strength in all 4 extremities.

More FAQs

(1 ) FAQ about Medical Malpractice

Q. What is medical malpractice?

A. Medical malpractice is negligence committed by a professional health care provider, such as a doctor, nurse, dentist, technician, hospital worker or hospital, whose treatment of a patient departs from a standard of care met by those with similar training and experience, resulting in harm to a patient.

Q. Does someone who is not satisfied with the results of his or her surgery have a malpractice case?

A. In general, there are no guarantees of medical results, and unexpected or unsuccessful results do not necessarily mean negligence occurred. To succeed in a medical malpractice case, a plaintiff has to show an injury or damages that resulted from the doctor's deviation from the standard of care applicable to the procedure.

Q. What should I do if I think I have a medical malpractice claim?

A. You should talk to a lawyer who specializes in such cases as soon as possible. Tell the attorney exactly what happened, from your first visit to the doctor or other health care provider, through your last contact with him or her. If possible, obtain your medical records and bring them to your first meeting with the attorney. There are time limits governing how long someone may bring a medical malpractice claim, so time is of the essence.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

(2) FAQ about Motor Vehicle Accidents

Q: I have been in a motor vehicle accident. Should I go to a doctor?

A: If you have been injured in a motor vehicle accident, you should see a doctor right away. Firstly, you should see a doctor for your own well-being. You may not be able to discern the extent of your injuries yourself; a small ache could be something significant, or it could be nothing at all. Only a doctor can tell you for sure. Secondly,you should see a doctor because if you decide to bring a legal claim against the at-fault driver or another party, you will need documentation of your injuries and what you did to fix them.

Q: Do I have to go to court if I want to recover monetary damages?

A: Maybe. Your case may settle even before your attorney files a lawsuit; on the other hand, it may go all the way to a trial and a jury verdict. The majority of lawsuits are settled before they get to trial, but what happens in your case depends on the facts, the law and the parties involved.

Q: How much is my personal injury case worth?

A: Your attorney can speak with you about this, but even attorneys can't necessarily pinpoint what your case is worth until it is close to a resolution. Many factors, including the circumstances of the accident, the state of the drivers involved and the insurance companies influence the outcome. So do your medical bills, your loss of income and the nature of your injuries. An experienced lawyer can work with you to decide whether to pursue legal action and how to proceed.

Q: How soon do I need to bring my legal claim against the other driver?

A: It is best to speak with an attorney right away. The time limits for taking legal action vary by state, and they may also be affected by insurance policy specifics. The nature of your injuries may even change the amount of time you have to bring a claim.

Q: What if the insurance company offers me a check right away?

A: Before you accept anything - or sign anything - from an insurance company, be sure that you are aware of your legal rights and options. Accepting a check may mean that you are giving up your right to sue later on if you need extra medical care or you have to miss a lot of work. Consult an attorney before you negotiate with the insurance company.

(3) FAQ about Truck Accidents

Q: What is a "commercial truck"?

A: A commercial truck is a vehicle used in the course of business and/or for the transport of commercial goods. Examples are 18-wheelers, tractor trailers, tanker trucks, dump trucks, delivery vehicles, semi trucks and other large freight trucks.

Q: How are traffic accidents involving trucks different from accidents involving passenger cars?

A: Accidents involving trucks are typically more catastrophic than accidents involving cars due to the sheer size of a truck. A typical fully loaded large commercial truck can weigh 80,000 pounds or more, while an average passenger automobile weighs approximately 3,000 pounds. Due to this size disparity, and the basic laws of physics, any collision between a commercial truck and another vehicle is likely to result in serious, even fatal, injuries.

(4) FAQ about Construction Accidents

Q: If I'm injured while working on a construction site, is it possible for me to recover more than just workers' compensation benefits?

A: Workers' compensation laws only affect your recovery from your employer, not other parties. If other parties, such as equipment manufacturers, property owners or third-party contractors, are responsible for your injuries, you may be able to recover from them in addition to collecting workers' compensation benefits.

(5) FAQ about Construction Brain Injury

Q: How do you prove the existence of a brain injury?

A: There are several ways in which medical and psychological professionals diagnose brain injuries. The method will depend on the nature and extent of the injury. Some examples of diagnostic tools are MRIs, CT scans, PET scans and EEGs. In addition, professionals may study a person's behaviors, movements and personality.

Q: What disabilities are associated with a brain injury?

A: There are a wide range of possible effects of a brain injury depending on the location and severity of the injury. For example, a person may have altered muscle coordination, altered sensation, memory problems or even major personality changes.

Q: What are common symptoms of concussion?

A: The common early symptoms of concussion are headache, vertigo, nausea and dizziness. Common later symptoms are anxiety, depression, chronic headaches, poor sleep, personality changes, depression and intolerance to loud noises or bright lights.

Q: What is a closed head injury?

A: A closed head injury is damage to the brain as a result of external force to the head that does not penetrate the skull.

Q: What are the main parts of the brain and their respective functions?

A: The main parts of the brain are the cerebrum, cerebellum, brain stem and diencephalon. The cerebrum is the largest section of the brain. Different parts of the cerebrum are related to the control of cognitive abilities, memory, motor function, learning and speech. The cerebellum is a part of the hindbrain. It coordinates voluntary and involuntary muscle movements. The brain stem is the lower extension of the brain. It acts as a relay station between incoming stimulus and the rest of the brain. The diencephalon is made up of the thalamus, which relays sensory stimuli, and the hypothalamus, which controls appetite, body temperature, pituitary secretions, emotions and sleep cycles.

Q: What happens if the brain loses its blood and oxygen supply?

A: Brain cells die when the brain is deprived of blood and oxygen. This can cause major brain injury. The brain may lose blood and oxygen supplies as a result of a near drowning, choking, heart-stopping electrical shock or respiratory problems. When the brain is deprived of oxygen, it is known as an anoxic brain injury. This type of injury is different from a traumatic brain injury (TBI), which generally results in swelling or bruising of the brain.

Q: What are possible effects of a severe brain injury?

A: Depending on the location and severity of the injury, there may be physical and/or behavioral effects. A severe head injury may affect a person's ability to work, learn and live with his or her family. Possible physical effects include difficulty with mobility and coordination, difficulty talking and communicating, severe headaches and difficulty with sensation. Possible behavioral effects include personality changes, depression, short attention span, learning difficulties and memory difficulties.

Q: What is brain swelling and what causes it?

A: Brain swelling and bruising may occur following a violent force to the skull. The brain will "bounce" off the inside of the skull. This can cause nerve shearing as well as the swelling and bruising of nerve tissue. The swelling can create pressure inside of the head, which may in turn lead to compression of vital blood vessels.

Q: What kind of compensation is possible in a legal claim for a brain injury?

A: The compensation depends on the state, the injury and the severity and extent of the permanent effects. Medical costs, pain and suffering, loss of enjoyment of life, loss of earnings, mental anguish, rehabilitation costs and future medical expenses may be possible.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

CULLOTTA LAW OFFICES, PC -- Tel: 847-562-5801
Chicago Metro Area- Brain Injury, Spinal Injury, Medical Malpractice, & Other Serious Injury

Non-Legal Brain Injury Support:

Carbondale
Center for Comprehensive Services
Contact: Bill Baumann
618-529-3060 x121
or Tina at x129
Every Friday, 4 PM

Carol Stream - Leisure Club
Contact: April Prescott
630-681-0962 x13
1st Wednesday, 7 PM,

Chicago - Heads Up
Rehab Institute of Chicago
Contact: Roberta Winter
312-238-5381
3rd or 4th Wednesday, 1:30 PM

Chicago - Making Headway
Schwab Rehab Center
Facilitators: Ginny Lazzara and Diana Nawrocki
Contact: Ginny Lazzara
(312) 630-4000
4th Saturday, 10 AM-Noon

Chicago - Hand-in-Hand (Pediatric issues)
Hope Children's Hospital
Contact: Anne Pendergast
Call Anne for dates & times
708-346-5262
or Marge Gee
708-346-5351

Elk Grove Village
Alexian Brothers Medical Center
Contact: Lori Walocha
847-437-5500 x4630
Date and time varies

McHenry - Head Winds
Pioneer Center
Contact: Mary Lou Philbin
815-759-7013
2nd Monday, 7-8:30 PM

North Shore - Glencoe
Northshore Congregation Israel
Contact: Laney Pressman
800-686-2400 x7317
4th Thursday, 7 PM

Oak Forest
Oak Forest Hospital
Contact: Zachary Smolinski
708-687-7200 x4216
1st Wednesday, 7 PM

Park Ridge
Lutheran General Hospital
Contact: Nancy Landre
847-723-5188
3rd Saturday, 10-11:30 AM

Peoria - Brain Injury Group
Woodland Baptist Church
Contact: Elaine Miller
309-694-7217
2nd Thursday, 7 PM

Prophetstown - BI-Ways
Winning Wheels
Contact: Deeanna Duffy
815-537-5168
3rd Saturday, every other month

Quincy
Blessing Hospital
Contact: Karen Campbell
217-223-8400 x8754
3rd Thursday, 7 PM

Rockford - Headlines
Van Matre HealthSouth Rehab
Julie Pick
815-971-9876 3rd Tuesday, 7 PM

Urbana
East Central Illinois
Contact: Dawn Wentar-Henry
217-383-3520
Call for dates and times

Westchester
CRS Rehab Specialists
Contact: Mary Fuller Lee
708-531-0099
Call for dates and times

Wheaton - HI HOPES
Marianjoy Rehab Hospital
Contact: Dr. Leslie Rogers
630-462-4124
Dr. Nancy Devereux
630-462-4078
2nd Tuesday, 6:30-8 PM

Wheeling - North Suburban
Rehab Achievement Center
Contact: Dr. Harry Kent
847-215-9977
1st Saturday, 10-11:30 AM

Group Listings:

Carbondale
Contact: Bill Baumann
618.529.3060 x 121

Chicago ? Heads Up
Rehab Institute of Chicago
Contact: Roberta Winter
312.238.5381
3rd Wednesday/month 1:30-3 PM

Chicago ? Making Headway
Schwab Rehab Hospital
Facilitators: Ginny Lazzara and Diana Nawrocki
Contact: Ginny Lazzara
708.945.8360
4th Saturday/month 10 AM ? Noon

Chicago
Rush University Medical Center
Contact: Anna Walters, RN and
Marvel Vena
312.563.2703
Wednesdays, 2:30 PM

Elk Grove Village
Alexian Brothers Medical Center
Contact: Lori Walocha
847.437.5500 x 4630
Call for dates and times

McHenry ? Head Winds
Pioneer Center
Contact: Mary Lou Philbin
815.759.7013
2nd Monday/month 7-8:30 PM

North Shore ? Glencoe
Glencoe Public Library
Contact: Laney Pressman
800.686.2400 x 53141 4th Thursday/month 7 PM

Mundelein
Lake County CIL
Contact: Diana Nelson
847.949.4440
4th Tuesday/month 7:00 PM

Munster ? CRS Rehab Specialists
Contact: Jennifer Szostek
219.513.0500
Call for dates and times

Oak Forest
Oak Forest Hospital
Need physician referral
708.633-4460
Every Wednesday 10:30-11:30 AM

Park Ridge
Lutheran General Hospital
10th Floor, Dr.?s Dining Room
847.723.5188
3rd Saturday/month 10-11:30 AM

Peoria
Brain Injury Group
Woodland Baptist Church
Contact: Chris Hess
309.565.0115
2nd Thursday/month 7:00 PM

Prophetstown ? BI-Ways
Winning Wheels
Contact: Greg Engstrom
815.537.5168
3rd Saturday/every other month

Quincy
Brain Trauma Awareness Organization
Blessing Hospital
Contact: Karen Campbell 217.223.5296
or Margie Williams 217.228.5520 x 6987

Rockford ? Headlines
VanMatre HealthSouth Rehab
815.971.9876
3rd Tuesday/month 7:00 PM

Skokie - CRS Rehab Specialists
Contact: Vicky Korobov
847.967.5100
Call for dates and times

Urbana
Carle Hospital
Contact: Dawn Henry
217.383.6423
Call for dates and times

Westchester -CRS Rehab Specialists
Contact: Judith Brown
708.531.0099 x 208
Call for dates and times

Wheaton ? HI HOPES
Marianjoy Rehab Hospital
Contacts: Dr. Leslie Rogers 630.462.4124
or Dr. Nancy Devereux 630.462.4078
2nd Tuesday/month 6:30-8 PM

Common Brain Injury Terms

Concussion - A concussion is a common result of a non-penetrating blow to the head. It results from the jarring of the brain inside the skull. The common early symptoms of concussion include dizziness, vertigo or loss of equilibrium, nausea, vomiting and headache. A concussion may result in a period of altered consciousness during which a person is dazed or disoriented. Common long-term effects of a head injury involving concussion are:

Headaches
Difficulty sleeping
Lightheadedness
Poor memory
Depression
Ringing in ears
Poor concentration
Slowed reaction time
Intolerance to loud noise
Mood swings and altered personality
Difficulty choosing words

Skull Fracture - A skull fracture can be either open or closed, and it generally is the result of a large amount of force applied to the head. Symptoms associated with a skull fracture include bleeding from the middle ear, bruising behind the ear and darkening around the eyes.

Brain Contusion - A contusion or bruise may be found under the site of the impact or on the opposite side from the impact. In addition to bruising, there may be swelling and neurological dysfunction.

Epidural Hematoma - An epidural hematoma is the collection of blood between the dura, which is the skull's outer shell, and the inner table of the skull.

Subdural Hematoma - A subdural hematoma is caused by a tearing of a bridging vein between a draining venous sinus and the cerebral cortex, and it often results from a whiplash injury. A subdural hematoma will generally look like a crescent-shaped blood collection between the dura and the brain on a CT scan.

Brain Herniation - Brain herniation is caused by increased intracranial pressure. This pressure can cause the patient's level of consciousness to deteriorate.

Coma - A severe head injury may cause a coma. Coma is defined as the state of unconsciousness from which a patient cannot be awakened or aroused, even by powerful stimulation. A coma sufferer will lack any response to his or her environment. Comas may last only a few days or many years.

Amnesia - Amnesia is generally defined as the loss of memory or as a period of forgetfulness. There are two types of amnesia that may follow a head injury. Anterograde amnesia is defined as the inability to remember events beginning with the onset of the injury. In contrast, retrograde amnesia is defined as the loss of memory regarding events preceding the injury.

Cullotta Law Offices - 847-562-5801

Brain Injury , Spinal Cord Injury , Medical Malpractice , & Other Injuries

MEDICAL MALPRACTICE INFO CENTER

Theories of Liability in Malpractice Cases

Negligence . Most medical malpractice cases proceed under the theory that a medical professional was negligent in treating the patient. To establish medical negligence, an injured patient, the plaintiff, must prove:

The existence of a duty owed by the health care professional to the plaintiff (for example, a doctor/patient relationship)
The applicable standard of care, and the health care professional's deviation from that standard, which is deemed a breach of the duty owed to the patient
A causal connection between the health care professional's deviation from the standard of care and the patient's injury
Injury or harm to the patient

One of the most important aspects of a medical malpractice action is establishing the standard of care to be applied to the health care professional. To find a medical professional legally at fault, it must be shown that his or her conduct fell below a generally accepted standard of medical care. To establish the standard to be applied, the plaintiff must present expert testimony not only as to the standard of care applicable, but that also establishes that the defendant failed to meet the standard. In cases where the defendant's violation of a standard of medical care is so apparent as to be comprehensible to the average person, expert testimony may not be required.

Another element of medical malpractice actions, causation, is sometimes difficult to establish. Specifically, the plaintiff must show that his or her health care provider's deviation from the applicable standard of care resulted in his or her injury.

Informed Consent

In many situations, the failure to obtain a patient's "informed consent" relative to a procedure or treatment is a form of medical negligence, and may even give rise to a cause of action for battery. Although the specific definition of informed consent may vary from state to state, it means essentially that a physician (or other medical provider) must inform the patient all of the potential benefits, risks and alternatives involved in any surgical procedure, medical procedure or other course of treatment, and must obtain the patient's consent to proceed.

Breach of Contract or Warranty

Although doctors very rarely promise specific results from procedures or treatments, in some cases they do, and the failure to produce the promised results may give rise to an action for breach of contract or breach of warranty. For example, a plastic surgeon may promise a patient a certain result, which result may be judged more easily than other types of medical results, simply by viewing the patient. Similarly, if a patient is not satisfied with the outcome of a procedure and the physician had guaranteed or warranted a certain result, the patient may attempt to recover under a theory of breach of warranty.

Legislation Affecting Malpractice Actions

Due to the power and resources of the health care industry, many states have passed legislation making it more difficult to bring and prevail in medical malpractice actions. In most states today, physicians and hospitals are protected by legal limits called "caps" on the amount of damages and attorneys fees that can be awarded in malpractice suits. In addition, barring extraordinary circumstances that affect the case, state laws provide set periods, called statutes of limitations, within which a plaintiff must file a malpractice action in court.

Certificate of Merit

One obstacle plaintiffs in many states may have to overcome before they can even file a malpractice action against a health care professional is the requirement that they file what is commonly known as a "certificate of merit." In order to file a certificate of merit, a plaintiff will first have to have an expert, usually another physician, review the relevant medical records and certify that the plaintiff's health care provider deviated from accepted medical practices, which resulted in injury to the plaintiff. The plaintiff's attorney then files the certificate of merit, which confirms that the attorney has consulted with a medical expert and that the plaintiff's action has merit.

Potential Defendants

Medical malpractice can be committed by several types of health care professionals, including doctors, surgeons, nurses, technicians and other hospital workers. In a case where a hospital employee commits malpractice, the hospital itself may be held liable under the legal doctrine of "respondeat superior." Under this theory, an employer may be held liable for the negligent acts of its employee if the employee was acting within the scope of his or her employment when the negligent act or omission occurred. This doctrine is importantto plaintiffs in medical malpractice cases, because it helps ensure there will be a financially responsible party to compensate an injured plaintiff.

Conclusion

In general, there are no guarantees of medical results. An unanticipated or unsuccessful result from medical treatment or surgery does not, in itself, mean that medical malpractice has been committed. Nonetheless, if you believe you may have been the victim of medical malpractice, you should meet with an experienced attorney as soon as possible to discuss the facts of your case and receive a professional evaluation of your situation.

Illinois Mental Health & Developmental Disabilities Confidentiality Act (hereinafter "Act") states in part and with all emphasis added :

§2 Terms used in this Act...have the meanings ascribed to them in this Section

"" Confidential communication" or "communication" means any communication made by a recipient [patient] ... to a therapist (or to or in the presence of other persons) during or in connection with providing mental health...services to a recipient [patient]."

" Therapist means a psychiatrist, physician, psychologist, social worker, nurse providing mental health...services or any other person not prohibited by law from providing such services...."

"Mental health or "services" includes but is not limited to examination, diagnosis, evaluation, treatment....

"Recipient" means a person receiving or has received mental health...services.

" Record does not include the therapist's "personal notes"...[therapist's speculations, impressions, hunches, and reminders]. See also §3 (b), below

§3 (a) All records and communications shall be confidential and shall not be disclosed except as provided in this Act. . . .

§3 (b) A therapist is not required to...keep personal notes regarding a recipient . Personal notes are the work product and personal property of the therapist and shall not be subject to discovery...in any in any judicial...proceeding...or any proceeding preliminary thereto.

§3(c) Psychological test material whose disclosure would compromise the objectivity or fairness of the testing process may not be disclosed to anyone ...and is not subject to disclosure in any ... administrative, judicial or legislative proceeding. However, any recipient [patient]...shall have the right to have all records relating to that test disclosed to any psychologist designated by the recipient [if]...comply with. . .[§5(b)]...of this Act.

§4 (a) The following persons shall be entitled, upon request, to inspect and copy a recipient's [patient's] record or any part thereof :

(1) Parent or guardian of a recipient who is under 12...;

(2) Recipient if he is 12 years of age or older;

(3) Parent or guardian of a recipient who is age 12 and under 18;

(4) Parent or guardian;

(5) An attorney...who represents the recipient. . .; or

(6) Agent appointed under a recipient's power of attorney....

§5 (a) Except as provided in Sections 6 through 12.2 of this Act, records and communications may be disclosed to someone other than...persons listed in Section 4 of this Act only with the written consent [as described] in §5 (b). . .

§10 (a) Except as provided herein, in any civil, ...proceeding... a recipient [patient], and a therapist on behalf of and in the interest of a recipient, has the privilege to refuse to disclose and to prevent the disclosure of the recipient record or communications .

(1) Records and communications may be disclosed in a civil, ...proceeding in which the recipient introduces his mental condition or any aspect of his services received for such condition as an element of his claim or defense, if and only to the extent the court in which the proceedings have been brought...finds , after in camera examination of testimony or other evidence, that it is relevant, probative, not unduly prejudicial or inflammatory, and otherwise clearly admissible ; that other satisfactory evidence is demonstrably unsatisfactory as evidence of the facts sought to be established by such evidence ; and that disclosure is more important to the interests of substantial justice than protection from injury to the therapist-recipient relationship or to the recipient [patient's] or other whom disclosure is likely to harm...[N]o record or communication between a therapist and a recipient [patient] shall be deemed relevant for purposes of this subsection, except the fact of treatment, the cost of services and the ultimate diagnosis unless the party seeking disclosure of the communication clearly establishes in the trial court a compelling need for its production. However, for purposes of this Act...in any action...which pain and suffering is an element of the claim, mental condition shall not be deemed to be introduced merely by making such a claim and shall be deemed to be introduced only if the recipient or a witness on his behalf first testifies concerning the record or communication.

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If you or a loved one suffered a traumatic brain injury, contact a leading Illinois Brain Injury Attorney today for a FREE consultation or use our online form for an immediate reply.

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