Locked-in syndrome (LIS) is a rare and devastating neurological condition in which a person is fully conscious but unable to move or speak, typically only able to communicate through eye movements. It most often results from damage to the brainstem, such as that caused by a stroke, trauma, or surgical complication. When locked-in syndrome occurs because of a medical error—whether a misdiagnosed stroke, a delayed response to complications, or a surgical mistake—it may be grounds for a medical malpractice claim.
Compensation can help support the extensive care, technology, and assistance required to manage life with this condition. While proving negligence in a complex case like this requires in-depth investigation and medical knowledge, victims and their families may have a path to recovery under Florida malpractice law. A Florida medical malpractice lawyer can help you understand your legal options and what may be possible in terms of compensation.
Can You Recover Compensation For Locked-In Syndrome Caused By Medical Negligence?
Yes. If locked-in syndrome (LIS) was caused by a preventable medical error, compensation may be available through a malpractice claim. However, securing that compensation depends on proving that a healthcare provider’s negligence directly caused the injury. This typically means showing that the provider failed to meet the accepted standard of care and that this failure led to the brainstem damage responsible for locked-in syndrome.
Because of the catastrophic nature of LIS, the potential compensation can be significant. Recoverable damages may include:
- Medical and rehabilitative expenses
- In-home or long-term care
- Assistive technology, such as eye-tracking systems
- Lost income and loss of future earning capacity
- Pain and suffering
- Emotional distress and loss of enjoyment of life
The full extent of damages depends on the severity and long-term consequences of the condition, which we explore in more detail below.
The Symptoms And Long-Term Effects Of Locked-In Syndrome Will Influence Your Malpractice Case
Locked-in syndrome is among the most severe and life-altering injuries linked to medical malpractice. Although cognitive function is preserved, the person is left almost completely paralyzed, often able to communicate only through eye movement. Over time, this leads to profound physical, emotional, and logistical challenges for both the patient and their loved ones.
When reviewing a claim, a Florida medical malpractice attorney will consider a variety of factors in assessing its value, including:
- Total loss of voluntary movement
- Inability to speak or eat, often requiring a feeding tube or tracheostomy
- Full-time reliance on caregivers for basic functions
- Ongoing need for ventilators or other assistive equipment
- Emotional and psychological trauma, including anxiety, isolation, and depression
The more clearly a legal team can demonstrate how LIS has altered a person’s independence, relationships, and quality of life, the stronger the case for damages becomes.
How Medical Malpractice Can Cause Locked-In Syndrome
As explained by the Cleveland Clinic, locked-in syndrome typically results from damage to the brainstem, especially the pons, which controls vital motor functions.
In a malpractice context, this kind of injury may occur when a medical provider fails to recognize or properly treat a critical condition, most often a stroke or traumatic brain injury. Common medical errors that may lead to locked-in syndrome include:
- Delayed or missed diagnosis of a stroke, particularly a brainstem stroke
- Failure to administer timely treatment, such as clot-busting medication
- Surgical mistakes involving the brain, spinal cord, or vascular system
- Anesthesia complications that result in respiratory failure or brain injury
- Failure to monitor and respond to post-operative complications or neurological symptoms
In these cases, the issue is not simply that an injury occurred, but that it may have been preventable. Establishing liability involves showing that the provider breached the standard of care and that their mistake directly caused the patient’s condition. Our lawyers work closely with medical experts to investigate how and when that standard was violated.
Who Could Be Liable For Malpractice Resulting In Locked-In Syndrome?
When locked-in syndrome is caused by medical negligence, several different parties may potentially be held liable. These cases often involve multiple providers or facilities, and identifying who is responsible requires a close review of the medical records and care decisions involved. Potentially liable parties can include:
- Emergency room doctors who fail to recognize or respond to stroke symptoms
- Neurologists or specialists who misinterpret imaging or delay diagnosis
- Surgeons who cause avoidable brainstem trauma during a procedure
- Anesthesiologists whose errors result in oxygen deprivation
- Hospitals or healthcare facilities for inadequate staffing, monitoring, or protocols
In some cases, more than one party may share responsibility. For example, both an individual provider and the hospital that employed them could be liable. Complex employment relationships and overlapping insurance policies can make these cases difficult to handle without legal guidance. A Florida medical malpractice lawyer can help identify all responsible parties and pursue the full scope of compensation available.
Proving A Florida Malpractice Case Involving Locked-In Syndrome
To recover compensation for locked-in syndrome caused by medical negligence, the injured party must prove that malpractice occurred. Like all medical malpractice claims in Florida, this means establishing four key elements:
- Duty of care – The healthcare provider had a legal responsibility to provide treatment that met accepted medical standards.
- Breach of duty – The provider failed to meet the standard of care for the profession through an act or omission.
- Causation – That failure directly caused the patient’s locked-in syndrome.
- Damages – The condition resulted in significant harm, such as medical costs, lost income, and reduced quality of life.
Expert medical testimony is required in Florida to support claims of negligence. These experts review the facts of the case and offer opinions about whether the standard of care was breached and how that breach caused the injury. In complex cases involving LIS, this testimony plays a central role in demonstrating both liability and the full impact of the condition.
How Long Do You Have To File A Malpractice Claim For Locked-In Syndrome In Florida?
Florida’s statute of limitations for medical malpractice claims, outlined in Florida Statutes § 95.11, is generally two years from the date you knew (or should have known) that malpractice occurred. But determining exactly when that clock starts isn’t always simple.
These deadlines can be complex, particularly in cases involving serious neurological injuries like LIS.
Acting quickly is important—not just to meet legal time limits, but to preserve medical records, gather expert opinions, and build the strongest possible case. A Florida medical malpractice lawyer can help you understand how the statute of limitations applies to your situation and ensure your rights are protected.
Talk To A Florida Medical Malpractice Lawyer About Your Case
If you or a loved one developed locked-in syndrome due to a medical error, you don’t have to deal with the legal process alone. Our team is here to answer your questions, review your case, and help you understand your options. Call the Law Offices of Anidjar & Levine today for a free consultation.
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