Can You Sue for Locked-In Syndrome?

You may be able to sue for locked-in syndrome if you can establish that your loved one’s condition stemmed from medical negligence.

What Is Locked-In Syndrome?

We know that doctors have likely already explained locked-in syndrome to you (or maybe you just suspect locked-in syndrome), but a no-nonsense explanation of what this condition is and how it will affect your family can be helpful.

Locked-in syndrome leaves a person almost entirely paralyzed, typically with only the ability to blink and move their eyes up and down. However, this is not a vegetative state or a coma. Your loved one is entirely aware of the world around them. They can hear you and recognize you; they can feel fear and love and hope. However, they cannot communicate this, except through moving their eyes or blinking. If you suspect locked-in syndrome, ask your loved one yes or no questions; ask them to blink once for “no” and twice for “yes” to establish that they are aware.

You must be your loved one’s advocate in this situation. One way to advocate for them is to get the compensation necessary to provide the care they need.

Suing After a Locked-In Syndrome Diagnosis

To hold a medical provider liable for your loved one’s locked-in syndrome (LIS) diagnosis, you must establish the following:

• The medical provider owed your loved one a duty to uphold their industry’s standard of care.
• The medical provider failed to uphold the standard of care.
• The failure led to your loved one’s diagnosis.
• Your loved one suffered damages, such as medical bills, lost wages, and pain and suffering.

Proving these four elements with regard to LIS can be difficult as you must establish that negligence led to the event that caused your loved one’s LIS.

Let us consider a couple different examples:

Your loved one went to the emergency room complaining of vertigo, double vision, and nausea. The doctor sent them home, thinking they were simply intoxicated. Later, they were rushed back to the same ER, unable to move or communicate. In this situation, we would attempt to establish:

• The doctor owed your loved one a duty to uphold the standard of care. Once a doctor begins to treat someone in the ER, that duty/doctor-patient relationship is established.
• The doctor did not do what a reasonable medical provider in the same situation would have done. When presented with those symptoms, ER doctors should order imaging to rule out a brainstem stroke rather than assume intoxication.
• The failure to treat the stroke led to the LIS diagnosis. Because the ER doctor failed to treat your loved one’s stroke in time, the brainstem suffered catastrophic damage.
• Your loved one suffered damages. We would use their medical records, pay stubs, W-2s, and other documentation to establish this.

Your loved one was suffering from hyponatremia (low sodium levels). Your doctor corrected your loved one’s sodium levels, but did so too quickly. Your loved one left the hospital; days later, they were found unable to move or speak. To establish your loved one’s case, we would demonstrate the following:

• The doctor owed your loved one a duty. Once they agree to treat your loved one for their low sodium levels, the relationship is established.
• The doctor did not uphold the standard of care when treating your loved one. The safe daily levels for increasing sodium levels are well known to medical professionals. A reasonable medical provider would have checked the safe sodium levels and only increased up to those levels.
• Because their sodium levels were corrected too quickly, they developed central pontine myelinolysis (CPM). The damage to the brainstem caused by CPM led to locked-in syndrome.
• Your loved one suffered medical expenses, lost income and earning capacity, pain and suffering, and other damages. We use documentation like medical bills and your loved one’s testimony (if they are able to communicate) to prove this.

Who Can You Hold Liable for Your Loved One’s LIS Diagnosis?

The party(ies) you can hold liable for your loved one’s diagnosis depend on the specifics of their case and treatment. Potentially liable parties include:

• The doctor who treated your loved one
• Any other members of the team who treated your loved one
• The hospital itself
• A combination of liable parties

Were You a Victim of Medical Negligence?

If a delayed diagnosis led to permanent harm, you may be entitled to compensation. Speak with our legal team today.

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What Can You Recover If You Sue for Locked-In Syndrome?

Care for locked-in syndrome can cost millions of dollars over your loved one’s lifetime.

Source: Genworth

These costs are not one-and-done expenses. You will likely need to pay these costs and more for decades or longer. A settlement or verdict can allow you to provide the care your loved one needs and still make ends meet. You could recover:

• Medical expenses, such as hospitalization, ongoing skilled nursing care, physical and occupational therapy, communication technology and eye-gaze devices, home health aide services, and future care your loved one is expected to need over time
• Lost wages, both your loved one’s and yours if you take time off work to take care of your family member
• Lost earning capacity, both your loved one’s and yours if you quit your job to become a full-time caregiver
• Miscellaneous expenses
• Pain and suffering
• Mental anguish
• Emotional distress

What Is the First Step Towards Justice?

The first thing you can do is call us. We want to learn more about you, your loved one, and your story. Once you’ve told us everything you know and remember, we can begin. We will gather all necessary documentation and information and have an independent medical professional review it. They will determine whether the care your loved one received met the standard of care.

In some cases, the reviewer determines that there was nothing the medical provider in question could have done to prevent your loved one’s diagnosis. In other cases, they determine that they misdiagnosed the person or failed to identify the symptoms of a stroke.

Both outcomes have value. You can choose to take the information you have gained and move towards closure. If you choose to take legal action, we’ll be by your side every step of the way. We’ll manage your case and support you throughout the process.

Can I Afford Legal Help to Sue for Locked-In Syndrome?

Yes. Our team takes cases on a contingency basis. The initial consultation is free, and you only pay for our time if we recover compensation for you. You risk nothing when you call us for help.

Get Help Suing for Locked-In Syndrome

A locked-in syndrome lawyer at Newsome Law is standing by, ready to help you in any way we can. We will review your case, determine whether negligence led to your loved one’s diagnosis, and fight for every dollar you need to give the care your loved one needs.

Call today for a free consultation. Remember, you pay nothing to get started. There is also no pressure to move forward with us. If we find that the medical provider’s negligence caused your loved one’s LIS, you can simply take that information and seek closure. We’ll never pressure you to take legal action.

Read more about Rich Newsome

Rich Newsome

Catastrophic Injury Locked-In Syndrome Attorney

Rich Newsome is a dedicated attorney specializing in catastrophic injury and medical malpractice cases. With over 25 years of experience, she is committed to advocating for victims and their families, ensuring they receive the justice and compensation they deserve.