If what happened to your family member may have been preventable, you don’t have to figure out the legal questions alone. Newsome Law is here to help Montana families understand what happened and, if negligence played a role, fight to secure the resources their loved one will need for a lifetime.
Reach out when you are ready for a free, no-obligation consultation with our team.
What Families Dealing With Locked-In Syndrome Can Expect
Locked-in syndrome is one of medicine’s most devastating conditions. A person with LIS is fully conscious and cognitively intact; they can think, feel, hear, and understand everything happening around them, but cannot move or speak. Most cases result from damage to the pons, often caused by a stroke. The communication pathways between mind and body are severed, but the mind itself remains whole.
Living with locked-in syndrome requires an extraordinary level of ongoing support. Depending on the severity, a person may need:
- Around-the-clock nursing care
- Mechanical ventilation
- Feeding tubes
- Specialized communication technology
They will require physical and occupational therapy, regular medical monitoring for complications like pneumonia and pressure sores, and adaptive equipment that must be updated as technology and needs evolve. Most people with LIS require care for the rest of their lives.
That care is expensive.
| Type of Care | Estimated Cost in Montana |
| Private duty nurse (hourly rate) | $74/hour |
| Private duty nurse (visit rate) | $200/visit |
| Long-term care facility, e.g., nursing home (semi-private room) | $107,675 |
| Long-term care facility, e.g., nursing home (private room) | $114,975 |
Source: Genworth/CareScout
For a person with locked-in syndrome, these figures reflect just one layer of the financial picture. The reality often includes private-pay specialty nursing, adaptive communication devices, home modifications, transportation, and lost family income from caregiving. Over the course of a lifetime, the total can reach into the millions.
How Transfer Delays Can Lead to LIS
Locked-in syndrome following a stroke is often linked to delays in diagnosis and treatment; in a state as geographically vast as Montana, those delays can be compounded by distance.
A 2023 study published in JAMA examined interhospital stroke transfers across the country and found that the national median door-in-door-out (DIDO) time for Montana was 132 to 144 minutes for acute ischemic stroke eligible for endovascular therapy. With strokes, even 10 minutes over the recommended window of less than 120 minutes can be catastrophic.
Our Process
We guide you through every step with clear communication and compassionate support.
Free Consultation
Call us anytime to discuss your case. We listen carefully and answer all your questions with no obligation.
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.
Why Families Trust Our Attorneys at Newsome Law
Our firm works with families navigating some of the hardest moments of their lives. We understand that behind every case is a person who was conscious, capable, and deserving of better care, and a family that is trying to hold everything together while also asking a question they never expected to ask: Did this have to happen?
What we offer isn’t just legal representation. It’s a partnership. From the first conversation through the resolution of your case, you will have direct access to your attorney. Our team works closely with medical experts who understand both the clinical realities of locked-in syndrome and the standards of care that should have been met. We take the time to understand what happened to your family before we tell you what we think the legal path looks like.
A successful outcome in a case like this can mean compensation covering:
- Lifetime medical care and private nursing
- Adaptive equipment and home modifications
- Lost income, both the patient’s and that of family members who stepped back from work to provide care
- Pain and suffering
- Lost quality of life
- The cost of care coordination and future planning
We want families to understand what financial security can look like on the other side of this process, not just a settlement number, but what that number actually makes possible: reliable care, reduced stress, and the ability to focus on being present with their loved one rather than fighting for every resource.
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What You Can Do If Locked-In Syndrome Results from Medical Negligence
Not every case of locked-in syndrome involves negligence. Sometimes strokes are massive, rapid, and unavoidable regardless of the care provided. We will always be honest with families about what we find.
But there are circumstances where something went wrong that shouldn’t have, where a different decision at a critical moment might have changed everything. Those circumstances include:
Delayed Diagnosis or Treatment
Stroke is one of the most time-sensitive emergencies in medicine. When a patient presents with warning signs and hours pass before a proper diagnosis or treatment is initiated, the window for intervention can close permanently.
Failure to Transfer
When a hospital lacks the capability to treat a severe stroke, the appropriate response is urgent transfer to a comprehensive stroke center. Delays in making that call or failures in the logistics of the transfer can lead to the kind of brainstem damage that causes locked-in syndrome.
Misdiagnosis or Missed Signs
Stroke symptoms are sometimes attributed to other conditions, particularly in younger patients or those without typical risk factors. When warning signs are dismissed or misread, treatment is delayed.
Premature Discharge/Failure to Diagnose a Condition
Patients sent home before their condition was adequately evaluated or stabilized may deteriorate without access to emergency care.
Misdiagnosis of the Locked-In State Itself
This deserves particular attention. Locked-in syndrome is sometimes mistaken for a coma or a vegetative state, because a patient who cannot move may appear unconscious. In reality, they may be fully aware of everything happening around them. Families are often the first to notice signs before the medical team does. The failure to properly evaluate for LIS and to communicate with the patient through established methods is a serious concern that should be reviewed.
A legal and medical review examines the full record:
- What symptoms were documented and when
- What decisions were made
- What protocols existed and whether they were followed
- How outcomes compare to what might reasonably have been expected with appropriate care
That review can’t give families certainty about what would have happened, but it can help them understand what did happen.
If your family is carrying these questions, we invite you to reach out for a free consultation.
How We Approach These Cases
We start by listening. Before we talk about legal strategy, we want to understand your loved one’s story.
From there, we request and review the complete medical record. Our team works with physicians and specialists who understand the standard of care for stroke and for locked-in syndrome, and who can evaluate what happened against what should have happened. This process takes time, and we do it carefully because these cases deserve care, not speed.
If our review determines that negligence did not play a role, we will tell you that directly. We believe families deserve honest answers, even when those answers aren’t what they hoped to hear. If negligence did occur, we will explain what we found and what options are available. The decision about how to proceed is always yours.
Start with a Conversation
If your family is asking questions about what happened and whether it should have happened, we want to help you find answers. Our consultations are free, confidential, and carry no obligation.
Contact Newsome Law today to speak with a member of our team.
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