What Is Locked-in Syndrome?
Locked-in syndrome is a rare complication of certain medical conditions, especially stroke. It leaves the person unable to move or communicate, although most people can blink and move their eyes laterally.
These eye movements are a lifeline: they are often the first sign a family receives that their loved one is still there. With practice, the patient may use blinks or eye movements to communicate their needs and preferences, allowing them to more fully participate in their treatment.
Despite causing debilitating physical disability, LIS does not affect cognitive function: the patient retains awareness and brain activity. LIS also does not affect hearing. If you speak to the patient, they will be able to hear and understand you in exactly the same way they did before developing the condition.
What Makes Locked-in Syndrome So Debilitating?
Locked-in syndrome results from damage to the brain stem, in particular a group of nerves located there called the pons. The pons is what enables the brain to send messages to the rest of the body, which in turn allows the person to move and control their muscles, vocal cords, and bowels.
Once the connection between brain and body is damaged or destroyed, as it is with locked-in syndrome, the brain’s signals cannot reach the rest of the body. This leaves the person almost completely paralyzed except, in most cases, for limited eye movements. Sometimes, the patient retains limited movement elsewhere as well, and some can regain very small movements over time.
Common Causes of Locked-in Syndrome
Untreated strokes are the most frequent cause of LIS. Brain stem strokes can damage the pons and sever communications between brain and body. The symptoms of brain stem strokes do not always match the “classic” stroke symptoms (face drooping, arm weakness, and slurred speech) that people are familiar with, so families and providers might miss them—and miss the narrow window of time in which it is possible to treat the stroke and prevent locked-in syndrome.
Brain stem stroke symptoms to watch out for include:
- Breathing problems
- Vision problems
- Trouble walking or maintaining balance
- Headaches
- Dizziness
Locked-in syndrome likely occurs more commonly than current research reflects. The true prevalence is unknown, and this makes it difficult to pin down why some strokes cause LIS when so many do not. This condition requires further research to discover its true causes and develop better prevention and treatment methods.
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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.
Treating Locked-in Syndrome
There is no standard treatment for helping people overcome the obstacles posed by locked-in syndrome. Most patients do not recover a significant amount of motor function, and most never move their limbs or trunk again.
This is upsetting for families to hear, but understanding the facts of LIS is often an important first step: being able to manage expectations allows you to better plan for the future.
Before your loved one’s doctor can recommend treatment, you will need to get an accurate diagnosis. This can be difficult and take some time. Many patients with locked-in syndrome appear to be comatose even though they are aware of their surroundings. Often, it is the patient’s family that first notices subtle signs that their loved one is awake and reports these signs to the doctor.
To confirm a diagnosis of LIS, your loved one’s doctor may run a series of tests, including:
- Neurological testing
- Electroencephalography (EEG)
- Magnetic resonance imaging (MRI)
- Electromyography
- Evoked potentials testing
These and other tests are designed to assess the patient’s brain activity and responsiveness to stimuli, which can confirm whether or not they are conscious. If the doctor refuses to run such tests, do not be afraid to get a second opinion. You have every right to advocate for your loved one.
Once the diagnosis is confirmed, treatment generally focuses on addressing immediate symptoms and preventing additional injuries or illness. Bedsores and pneumonia are just two concerns for those with locked-in syndrome. Preventing this type of secondary infection can be key to a long life and keeping the quality of life high.
Your loved one may also require psychiatric care and counseling. Locked-in syndrome is a catastrophic condition that completely upends the patient’s way of life. If it took a while for doctors to diagnose LIS, then they may have spent weeks or months unsuccessfully trying to communicate with others. It is important to have honest conversations with your loved one about how they feel and what support they need.
Living With Locked-in Syndrome
Quality of life is a major concern for those with locked-in syndrome, but with the help of technology, they can continue to experience the outside world and communicate with family members. Communicating using eye signals, eye gaze devices, or a brain-computer interface is possible for some people, and customized power wheelchairs mean those with locked-in syndrome can continue to be a part of the larger community.
Beyond communication, there are many other practical matters to consider. You will need to figure out a feeding schedule and how to safely deliver the nutrients your loved one requires. Your loved one might need machines to help them breathe, especially in the beginning. They will also need lifelong assistance with toileting, bathing, dressing, and changing positions.
Trying to address all of these urgent needs is overwhelming. It is normal to feel scared, sad, and even angry or guilty. There is no denying that locked-in syndrome is debilitating and that it takes a long time for patients and their families to adjust.
Even as you process your feelings, never forget that LIS patients can and do live happy lives after their diagnosis. Having access to the necessary treatments and supportive technologies can make all the difference for families like yours.
Modern Technology Can Help Your Loved One With LIS
Thanks to new developments, there are many options that help LIS patients live a longer, more fulfilling life. The right assistive equipment can even allow families to keep their loved ones at home rather than at a long-term care facility. This includes:
- Lift systems
- Stairlifts
- Special hospital beds
- Customized power wheelchairs
- Ventilators and other respiratory aids
- Communication devices
While those with locked-in syndrome will always require ongoing care, family members can often learn how to provide most of that care. Having regular in-home nursing care will cover the remaining tasks.
Pursuing Compensation After a Locked-in Syndrome Diagnosis
For many families, learning about and considering legal options is a difficult and emotional task. You do not have to make these decisions alone. A good lawyer can review your case for free without pressuring you into any particular action.
A legal review allows you to better understand your eligibility, rights, and legal options by answering the following questions:
- Was your loved one’s provider negligent?
- How were they negligent?
- Could they have prevented your loved one’s condition by being more careful?
Again, a legal review places you under no obligation to file a claim or lawsuit, even if the review shows that medical malpractice was a factor in your loved one’s diagnosis. Our only goal at this stage is to get to the truth of what happened and give you the information you need to make an informed decision.
If you do decide to move forward with legal action, you may be able to recover compensation based on expenses and losses like the following:
- Medical treatment
- Ongoing and future care costs
- Lost wages
- Diminished earning capacity
- Out-of-pocket costs
- Pain and suffering
- Mental anguish
- Permanent disability
- Lost independence and quality of life
Securing these and other damages also means securing your family’s future. You will never again have to worry about how you will pay the bills or provide your loved one with the care they need.
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The Legal Process for Seeking Compensation for Locked-in Syndrome
The specifics of your case will dictate the steps you need to follow to seek fair compensation for your family’s losses. The guide below maps out the general process. If you want to know which of the following steps do and do not apply to your situation, you may reach out to our legal team.
Investigating How Negligence Contributed to the LIS Diagnosis
We often start by collecting evidence against the patient’s provider. Materials like medical records and expert testimony can determine whether or not they failed to provide the accepted standard of care.
For some families, simply finding out what really happened, whether malpractice was involved or not, is enough to grant them peace of mind. For others, discovering their loved one was the victim of malpractice is just the first step on the way to pursuing justice.
Confronting the Party Responsible for Your Loved One’s Locked-in Syndrome
We will notify both the liable party and their insurance company. Insurance companies are often very difficult to deal with:
- They may deny their client is liable, which, if true, would mean they do not owe you any compensation.
- They may admit their client was negligent but deny that the negligent act played any role in causing your loved one’s condition.
- They may make a fast settlement offer and pressure you to accept it before you fully understand your case’s value.
- They may ask you to give a recorded statement, which they can then pick through looking for supposed inconsistencies in your story.
Always be on your guard when speaking to insurance companies. You have the right to hire a lawyer and let them handle communications, if that will be easier for you.
Negotiating a Settlement for Your Family’s Losses
You do not need anyone to tell you what a major impact this diagnosis has had on your entire family. You need and deserve fair compensation. Our legal team can meet with the insurance company’s representatives, show them the evidence we have collected, and fight relentlessly to get them to agree to a fair payout.
If and when we arrive at a settlement agreement, your attorney will go through every point of it with you. You will have the chance to ask questions and ensure you understand what you are signing before you accept the agreement.
Signing a settlement agreement signals the end of your legal case. You may receive your money all at once in a lump sum or over time in installments, depending on the agreement made between you and the insurer.
Taking Your Locked-in Syndrome Case to Trial
While trials are generally rare in personal injury cases, they may be more likely in locked-in syndrome cases where the amount of money at stake is very high. At a trial, each side’s legal team will have a chance to argue your case before a judge and jury. The jury will decide whether to award you compensation.
When Should You Begin Your Locked-in Syndrome Lawsuit?
Your loved one’s health is obviously the most important thing, and you should prioritize arranging their care and treatment before you do anything else.
That said, it is important to start exploring your legal options as soon as you reasonably can. Collecting evidence is often easier to do when the event is still fresh in everyone’s mind and documentary evidence is more readily available.
Newsome Law is here to help you explore your options quickly. We will let you know what the deadline is in your case so you know exactly how much time you have to make a decision and, if you want to take legal action, begin the case.
Hiring a Locked-in Syndrome Lawyer Makes Your Life Easier
One reason that families may be reluctant to take legal action is because the process is so labor-intensive. It is completely understandable if you do not want to be focused on anything other than your family for so long or let the case distract you from looking after your loved one.
All of us at Newsome Law share one overriding goal: to provide comprehensive support to victims of severe injuries. Here is how our team supports families like yours:
We Work Closely With You Throughout Your Legal Case
We do not just want to be there for you: we want to be there with you. Our team always takes time to build trust and foster the attorney/client relationship. We want you to feel comfortable working with us and reaching out to our team for help at any time.
Throughout your case, we will be in touch regularly, keeping you informed about what we are doing and making sure you understand what is happening. If and when you have questions, we will have the answers.
We Fight for the Justice Your Family Deserves
The negligent provider or other party has done irreparable harm. Nothing can ever undo the damage they caused, but holding them accountable can still put your mind at ease. A legal action can help you regain the sense of control and empowerment that so many families lose in the face of a life-altering diagnosis.
We Always Put Your Family First
Some families approach us for a legal review, receive the results, and then decide they do not want to take any further action. This is okay. We never pressure clients to do something that is not right for them.
For those clients who do want to move forward with a legal action, we offer complete support all along the way. You and your family should spend as much time as possible together, establishing a new normal and planning for your future. We can handle the legal side of things.
A Locked-in Syndrome Law Firm That Puts Your Family’s Needs First
Your family’s lives will never be the same after a locked-in syndrome diagnosis, but that does not mean your lives cannot be full and satisfying. We understand how much simple things like getting answers and receiving unconditional support can make a difference when you are faced with difficult choices and an uncertain future.
If you want to share your story, Newsome Law can provide a free case review. Our locked-in syndrome lawyers are here for you.
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