What Are My Rights After a Serious Spinal Cord Injury?

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What Are My Rights After a Serious Spinal Cord Injury?

The latest data from the National Institute of Child Health and Human Development revealed that the annual incidence of spinal cord injuries (SCIs) is approximately 18,000, while the prevalence of people living with SCI in the U.S. is estimated to be between 255,000 and 390,000. Among the different types of SCIs, dislocated spinal cords are the most common.

People with this kind of injury may be confused or totally ignorant about their legal rights or be completely unaware of them. SCI victims typically prioritize the immediate medical treatment over legal concerns that arise with the injury.

Let’s discuss what the rights of an individual are when they have sustained a serious spinal cord injury.

Understanding Your Medical Rights

A person who is aware of their rights in case of spinal cord injury will be able to influence the course of their treatment and get the result they want.

All injured persons have the right to be provided with proper medical care and to go through efficient rehabilitation. They should also know the nature of the injury so that they understand and recognize the treatments being applied to them

The patient is entitled to their medical records, which may help them make an informed choice of care.

According to Santa Ana personal injury lawyer F. Michael Ayaz, one should file a claim right away to avoid missing the time limit that the law imposes for filing. The normal period for personal injury claims is two years from the occurrence of the accident before the victim can no longer sue. You should not forget that different states have different statutes of limitations.

In case these rights are neglected, the injured person has to fight for them, or they can get help from a patient rights advocate who can assist in the process of getting those rights acknowledged.

Managing Insurance Coverage and Benefits

Understanding one’s rights and entitlements in medical care is not enough. You also need to confirm that you have the proper insurance and benefit coverage plan.

Review your medical coverage and find out which services are included, for instance, rehabilitation, various methods of treatment, and aids for handicapped persons. In the event that you have a private health plan, you should let your insurance company know about these issues.

Look into the possibility of getting help from other medical support programs like Medicare or Medicaid. The aforementioned programs may be able to help you with additional support.

You must maintain a record of all the medical costs and treatments that you have received in the past. Such papers will be of great help when you make your claims later.

If you have any concerns or questions, contact patient advocates or insurance professionals for help.

Legal Protections for Individuals With Disabilities

If the injury to your spinal cord results in disability, you are given certain rights by the law. The ADA guarantees that discrimination is not allowed in various settings, including that of the workplace, which is one of the main areas where people’s rights are protected. The law forbids discrimination against you due to your medical condition.

The ADA serves as a comprehensive solution that removes obstacles and barriers for individuals seeking access to facilities and services. This law guarantees that disabled people are taken into account in federally funded programs.

Your state laws could be beneficial to your rights so being familiar with them can be beneficial to your condition 

Accessing Rehabilitation and Support Services

Access to rehabilitation services and other support services is critical for your recovery and overall health status following the trauma of spinal cord injury. You are entitled to assistance in improving your independent function, mobility, and coping strategies.

Open a conversation with your main healthcare provider, and he or she will consequently give you a program designed specifically for you. Counseling, physiotherapy, and occupational therapy are available for you.

Support groups and adaptive sports play a key role in the healing process. These community resources can assist individuals in improving their health and in building social connections.

Spinal cord injury-associated groups, along with other nonprofit organizations, are good sources of information and resources.

Seeking Compensation for Your Injuries

After getting all the necessary rehab and support services you were entitled to, think of your legal remedies for injury recovery. You can claim compensation for the medical costs, loss of earnings and the pain and suffering you endured.

Document all occurrences related to your injury, such as medical reports and accident reports. Consult a personal injury lawyer who specializes in spinal cord injury. Assistance from a legal professional helps you learn everything about your legal entitlements and what procedures to follow.

It is of utmost importance to know your legal rights when it comes to the recovery process of a serious spinal cord injury. If necessary, be your own advocate, or ask a patient advocate to do it for you. 

You can enforce the damages you seek by legal means, if that is your choice. Keep in mind that there are other people who are prepared to provide assistance for those who have sustained spinal cord injuries.