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  • Writer's pictureDr Josh Bonine DC

LITIGATION DOES NOT INFLUENCE WHIPLASH RECOVERY

LITIGATION DOES NOT INFLUENCE WHIPLASH RECOVERY


When representing clients with injuries resulting from an automobile accident, mechanism of injury and causality are the first issues that need to be addressed. We need to look to the medical research for answers. The great thing about research is that each paper builds on previous ones so in situations like whiplash, these papers lay a factual groundwork for the discussion of the actual injuries of the patient/client.


In a recent paper published by Bannister, Amirfeyz, Kelley, & Gargan (2009), in a well respected surgical journal, the authors stated, "In 1928 Crowe presented to the Western Orthopedic Association a series of eight patients who had sustained an indirect neck injury as a result of a rear-end collision in their cars. The mechanism of injury was described as ‘whiplash’” (p. 845). With this information, we realize that the first documented cases of whiplash go as far back as 1928, which was 83 years ago! Let's take the time to review some of the important points of this paper. If you are interested in more information, please contact our office at 210.960.PAIN (Option 2).



Image Compliments of Medical Legal Art via The Doe Report (www.doereport.com). Copyright © 2010 Medical Legal Art, All rights reserved. The authors state, "Of all road-traffic accidents 90% occur at speeds of less than 14 mph and it is in these that whiplash injuries occur…it has been recognized that the disability from whiplash is associated less with tyre skid marks or the degree of vehicle damage than the effect of differential velocity on the head and upper torso.” (Bannister et al., 2009, p. 845). It is therefore what happens to the body, NOT what happens to the car.

They also report "Accordingly, women have twice the risk of whiplash injury as men” (Bannister et al., 2009, p. 845).

They indicated “The view that a claimants’ symptoms will improve once litigation has finished has long been suggested by psychiatrists but is unsupported by the literature.” (Bannister et al., 2009, p. 847).


The complex nature of injury as a result of motor vehicle trauma is an issue that must be taken on a case-by-case basis. The research has shown over and over again that these injuries do occur and yet most doctors don't understand that they do. Working with a doctor that is familiar with the history of research on whiplash from 1928 until the present has a unique perspective on how and when these injuries occur and most importantly, how to document and describe them properly.



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Spine & Injury Centers of San Antonio is a local network of 5 chiropractic offices. As a group, we are raising the standard of care for injured patients and their families.

If you have recently been in a car accident, or had a personal injury, sports injury, or exercise injury, and are experiencing back pain, neck pain, knee pain, whiplash, headaches, leg pain, etc, our San Antonio injury chiropractors can help!

Our goal is to get you back to living a pain-free life as quickly as possible.

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Reference:

Bannister, G., Amirfeyz, R., Kelley, S., & Gargan, M. (2009). Whiplash injury. The Journal of Bone and Joint Surgery, British Volume, 91(7), 845-850.

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