How Locked-In Syndrome Affects Delaware Families
Locked-in syndrome (LIS) is a condition in which a person is fully awake and aware but almost entirely unable to move or communicate. It most commonly results from damage to the brainstem, often following a stroke. The person inside is intact; their cognition, their personality, and their memory are often unaffected. What’s affected is the physical connection between the brain and the body.
Most people with LIS retain the ability to move their eyes vertically and to blink. For many, this becomes their only means of communication. But it is important to note that even though communication is difficult, your loved one’s life continues — and that life requires extraordinary, ongoing support.
That support is expensive. Private duty nursing, adaptive communication devices, 24-hour care, and long-term facility costs don’t pause. They compound over years and decades.
| Type of Care | Estimated Cost in Delaware |
| Private duty nurse (hourly rate) | $65/hour |
| Private duty nurse (visit rate) | $163/visit |
| Long-term care facility, e.g., nursing home (semi-private room) | $173,923/year |
| Long-term care facility, e.g., nursing home (private room) | $181,588/year |
Source: Genworth
How Delaware Hospitals Perform When Minutes Matter
For stroke patients, the speed of transfer between facilities can determine the difference between recovery and permanent disability. The transfer time guideline (known as door-in-door-out or DIDO) is less than 120 minutes, according to JAMA. Delaware’s DIDO times are longer, ringing in at:
- 132-144 minutes for acute ischemic stroke eligible for endovascular therapy
- 259-338 minutes for other acute ischemic stroke
When transfer times are long, the therapeutic window for intervention narrows or closes entirely. That gap between when treatment was possible and when it was actually received is often at the center of the cases we review.
Our Process
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Medical Review
Our team conducts a thorough investigation with qualified medical experts to determine if malpractice occurred.
Legal Action
If we find evidence of negligence, we build a strong case and handle all legal aspects on your behalf.
Secure Recovery
We fight to secure the financial resources your family needs for long-term care and peace of mind.
How Newsome Law Can Help Your Family
A diagnosis of locked-in syndrome doesn’t end the story. For many families, it begins a new chapter, one defined by advocacy, care coordination, and the relentless work of securing what their loved one needs.
When negligence contributed to what happened, a legal claim isn’t just about accountability. It’s about making the future possible. A successful outcome can provide resources to cover:
- Around-the-clock professional nursing care
- Augmentative communication technology
- Home modifications and adaptive equipment
- Lost income and earning capacity
- Compensation for pain and suffering and diminished quality of life
What that looks like in practice: a family that doesn’t have to choose between good care and financial survival. A spouse who can be a spouse rather than a solo caregiver, if they want. A path forward that doesn’t depend on what insurance will and won’t cover.
We work closely with every family we represent. That means direct access to the attorneys handling your case, involvement of expert medical reviewers who understand brainstem injury and stroke care, and honest communication at every step.
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When the Medical System May Have Failed Your Loved One
Not every case of locked-in syndrome involves negligence. We say this plainly because we think families deserve honesty, not false hope. Brainstem strokes can happen suddenly, even with excellent care.
But some cases are different. There are circumstances where delays, errors, or failures in medical care closed a window that should have stayed open, and those cases deserve a serious look.
Delayed or Failed Recognition of Stroke
Stroke treatment is time-critical. Certain interventions must be administered within a specific window to be effective. When a physician fails to recognize the signs of a brainstem stroke, or when a patient is observed rather than treated, that delay can cause permanent damage that might otherwise have been avoided.
Failure to Transfer
Not every hospital is equipped to treat complex strokes. When a patient presents with symptoms that should trigger a transfer to a comprehensive stroke center, and that transfer is delayed or doesn’t happen, the consequences can be severe.
Premature Discharge
Patients who are sent home or discharged from observation before the full picture is clear sometimes return, already past the point where intervention can help.
Misdiagnosis of Locked-In Syndrome Itself
This is more common than most families realize. Because people with LIS cannot speak or move, they are sometimes diagnosed as being in a coma or a vegetative state. The distinction matters enormously, clinically, ethically, and legally. Family members often notice signs of awareness before medical staff do. If your loved one was treated as unresponsive when they may have been aware, that is very important.
A medical and legal review can help your family understand what the records show, what the standard of care required, and whether what happened to your loved one fell short of it.
How Our Team Works
We start by listening. Before we look at a single record, we want to understand what your family experienced.
From there, we gather and analyze the medical records in full. We ensure the review of every note, every order, and every timestamp. We involve physicians and specialists who understand stroke care and brainstem injury, and we ask them to evaluate what happened against the standard of care that should have applied.
We don’t operate on assumptions. If our review finds that the care your loved one received was appropriate and that negligence was not a factor, we will tell you that. We would rather give you an honest answer than pursue a case that shouldn’t be pursued.
If we do find evidence of negligence, we move forward, thoroughly, carefully, and with your family’s best interests guiding every decision.
We Work With No Upfront Costs or Financial Risk to Your Family
We understand that families dealing with locked-in syndrome are already under enormous financial pressure. The last thing you need is a legal process that adds to that burden.
When you work with us, you don’t pay anything upfront. The initial consultation is free, and you only pay for our time if our locked-in syndrome attorneys recover compensation for you.
You also don’t need to make any decisions right away. This is a significant step, and you should take the time you need to feel confident about it.
Start with a Free, No-Obligation Conversation
If you’re still trying to understand what happened to your loved one, or if you’ve had doubts about the care they received, we’re here to help you work through those questions. Our consultations are free, confidential, and without any pressure to proceed.
You don’t need to have it all figured out before you call. That’s what we’re here for.
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