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7 The Back Injury Claim lion Americans suffer from low back pain each year, and 50% of those who experience an episode of low back pain will have a repeat occurrence within one year. These statistics are staggering and demonstrate the great care that must be exercised in handling a back injury claim to ascertain the real cause of the problem. This chapter examines the anatomy of the spine and includes a discussion of the bones that make up this structure, the cushions that allow the spine to bend, and the soft tissues that hold the vertebral column together. Information about spinal injuries and surgical repair techniques is also presented, as well as litigation tips in order to assist the practitioner in presenting or defending a back injury claim. WHAT DOES 80% of the population have during their lifetime and is the second leading cause of missed time from work? Back pain is a major health problem that extracts an enormous emotional and financial toll. Musculoskeletal problems cost the economy more than $215 billion annually, and each year, 14% of the population suffers a back impairment that will limit activities of daily living. (47 Am. Acad. Orthopaedic Surgeons Bull. (Oct. 1999).) Back symptoms are the second leading reason for visits to physicians, and the most frequent cause for orthopaedic and neurosurgical consultations. (Taylor, Deyo, Cherkin, and Kreuter, “Low Back Pain Hospitalization—Recent United States Trends and Regional Variations,” 19 Spine 1207 (1994).) It is also the most common reason for disability in individuals under the age of 45. (Linda S. Cunningham and Jennifer L. Kelsey, “Epidemiology of Musculoskeletal Impairments and Associated Disability,” 74 Am. J. Pub. Health 574 (1984).) In excess of 65 mil- ANATOMY OF THE SPINE • The spine extends from the base of the skull to near the bottom of the pelvis and consists of a number of bones, the verte95 96 | Anatomy For Litigators brae, each of which is separated by soft cushion-like pads, known as discs (see Fig. 7-1). Vertebrae are not uniform in size and generally become larger in a descending order because of their weight-bearing responsibilities (see Fig. 7-2). Figure 7-3 Figure 7-1 C1 is the atlas and is named after the Greek character that carried the weight of the world on his shoulders (see Fig. 7-4). In the human body, the atlas carries the weight of the head. In turn, the atlas is attached to the second vertebrae, which is called the axis. The axis is different in shape from the other spinal structures in that it has a bony projection that arises straight up from the posterior part of the vertebra. This stub is called the dens and allows the head to rotate. Figure 7-2 Major Regions Of The Spine There are five regions of the spine consisting of 26 bones. At birth, however, these bones number 33, but some fuse together with time. The cervical vertebrae consist of seven small and tightly grouped bones, which support the head and provide a great deal of flexibility (see Fig. 7-3). The first bone starts at the base of the skull, and the last one terminates at the first prominent nodule, which can be palpated on the back of the neck. The neck is able to engage in two types of movements: rotation and flexion/extension. Sideto-side movement is the function of the first two vertebrae, or the C1 and C2 bones. Figure 7-4 Up-and-down motion occurs in the lower portion of the cervical spine, which flexibility makes the discs between the C5-6 and C6-7 levels vulnerable to injury (see Fig. 7-5). Although the cervical region is mobile, it is very much at risk from a strong, sudden jerk such as that which occurs with a whiplash type of movement. This risk occurs because the neck has a limited muscle support system. Nevertheless, it must still support the weight of the head, which is about Back Injury | 97 6.2% of a person’s body weight or 10 pounds in a person who weighs 160 pounds. (“Anatomy of the Spine,” All About Back and Neck Pain, www.allaboutbackandneckpain.com/html/spinesub.asp?id=45.) Therefore, these muscles can be abused in a car accident. port the majority of the body’s weight (see Fig. 7-7). The first lumbar bone is located directly under the last thoracic vertebra, and the end of the lumbar spine is located at the waist. This area of the back has great flexibility and is the subject of the highest number of back injuries. Figure 7-5 Figure 7-7 The thoracic spine is the largest area of the back and is made up of the next 12 vertebrae (see Fig. 7-6). These bones attach to the ribs and form a fairly rigid unit. Therefore, very little movement occurs in this region, and it is not a common location for nerve root compression or herniated discs. The first thoracic vertebra starts at a location parallel to the collarbone, and the 12th bone ends at the last rib, which is known as a floating rib. Because of their anatomical positioning, the thoracic vertebrae and rib cage protect many of the vital organs, such as the lungs, liver, spleen, and heart. The next level is the sacrum, a single fused unit consisting of five bones that resemble an upsidedown triangle (see Fig. 7-8). The sacrum sits inside the pelvis and forms part of that unit. The coccyx, or tailbone, is the termination point of the spine and is made up of several small pieces of bone. Coccydynia is the term used to identify pain in this area. Figure 7-8 Figure 7-6 The lumbar region has the five largest vertebrae because their increased size is needed to sup- Spinal Part Cervical Thoracic Lumbar Sacrum Coccyx PARTS OF THE SPINE Number of Seven bones Twelve bones Five bones Five fused bones Four fused bones Abbreviation C1 to C7 T1 to T12 L1 to L5 S1 to S5 None 98 | Anatomy For Litigators Ligaments That Hold The Spine Together The spine has two sets of ligaments that hold the bones together. The first is the longitudinal ligament, so-named because it runs the length of the vertebral column and holds the bones in place. The ligament in the front is the anterior longitudinal ligament, and the one in the back is the posterior longitudinal ligament (see Fig. 7-9). Curves Of The Spine When the spine is viewed anteriorly, it seems perfectly straight. A lateral examination, however, reveals that the column has several gentle curves (see Fig. 7-11). These bends are present to allow the vertebral column to act as a spring or shock absorber for the impacts of daily life. Some of the curves are normal, whereas others are not. Figure 7-9 Figure 7-11 The construction of the posterior longitudinal ligament makes the discs in the lower part of the lumbar spine susceptible to herniation because the ligament narrows in this region and only covers a small portion of the disc (see Fig. 7-10). Therefore, there is very little covering holding the discs in place at the L4-5 and L5-S1 levels. The cervical and lumbar spines both have a lordotic curve, which represents a gentle bending of this portion of the spine in an inward direction. When the cervical curve is exaggerated, the person is said to have a swayback. The thoracic spine and sacrum complete the spring by having bends in the opposite direction. These curves are called kyphosis and represent gentle outward bends. When this curve is exaggerated, the person is said to have a humpback (see Fig. 7-12). Figure 7-10 The ligamentum flavum is the second ligament of the back that holds the vertebrae in place. This term means “yellow ligament,” and it attaches to the anterior portion of each lamina to help secure the bones of the back. Figure 7-12 A bend of the spine to the lateral side represents a condition called scoliosis. This problem gives