When locked-in syndrome is caused by medical negligence, the results can be tragic. When locked-in syndrome results from medical negligence, families may have the option to pursue legal action.
Locked-in syndrome is one of the most devastating conditions a person can experience. A Fort Lauderdale medical malpractice lawyer can help you file a claim and pursue justice on your loved one’s behalf.
What to Do If Locked-In Syndrome Is Caused by Medical Negligence
If you believe your loved one’s locked-in syndrome was the result of a medical mistake, take these steps:
- Gather all medical records: Request complete documentation from every hospital, doctor, and specialist involved in the patient’s care.
- Document everything: Keep a detailed record of conversations with doctors, symptoms that developed, and the timeline of treatment.
- Avoid signing anything right away: Hospitals or insurers may ask you to sign forms or accept a quick settlement. Do not agree to anything until you have spoken to an attorney.
- Consult a medical malpractice lawyer: A qualified attorney can evaluate whether the case involves negligence, bring in medical experts, and determine how to proceed.
The sooner you involve a lawyer, the better your chances will be of uncovering key evidence before it’s lost or altered.
What Is Locked-In Syndrome and What Are the Causes?
Locked-in syndrome occurs when a person loses nearly all voluntary muscle movement while their brain remains active and alert. It typically results from damage to the brainstem, which controls communication between the brain and the rest of the body. Common causes include:
- Stroke: A blood clot or hemorrhage can cut off oxygen to the brainstem.
- Trauma: Severe head injuries can damage critical nerve pathways.
- Oxygen deprivation: Cardiac arrest or respiratory failure can cause brainstem injury.
- Infections or tumors: These can lead to inflammation or pressure in the brainstem.
When locked-in syndrome is linked to a medical error, such as a delayed diagnosis, surgical mistake, or failure to prevent oxygen loss, it can form the basis for a medical malpractice claim.
How a Medical Mistake Can Cause Locked-In Syndrome
While not every case of locked-in syndrome is caused by malpractice, some are the direct result of avoidable errors. Examples include:
- Delayed stroke treatment: If doctors fail to recognize or act quickly when a patient shows signs of a stroke, the resulting brain damage can be catastrophic.
- Anesthesia errors: Too little oxygen during surgery can permanently damage the brainstem.
- Failure to monitor vital signs: Neglecting to track oxygen levels or blood pressure during surgery or recovery can cause irreversible injury.
- Medication mistakes: Administering the wrong dose or drug can lead to respiratory arrest or cardiac complications that deprive the brain of oxygen.
- Surgical errors: Accidental damage to the brainstem or surrounding structures during a procedure can cause paralysis and locked-in symptoms.
If any of these scenarios occurred, and it can be proven that the healthcare provider’s actions fell below the accepted standard of care, it may qualify as medical malpractice.
Recognizing the Signs of Medical Negligence
Families often don’t know right away that malpractice may have played a role in their loved one’s development of locked-in syndrome. Hospitals and providers may attribute the condition to “complications” or “unavoidable outcomes.” However, certain red flags can suggest negligence, such as:
- Unexplained delays in care: Hours passed before critical intervention, such as stroke treatment or intubation.
- Inconsistent records: Medical charts contain gaps or contradictions about what occurred.
- Failure to perform diagnostic tests: Essential imaging or monitoring wasn’t done when symptoms first appeared.
- Lack of informed consent: The patient or family wasn’t properly warned of the risks of a procedure.
A medical malpractice attorney can work with independent experts to review the case, identify potential mistakes, and determine whether the care team met professional standards.
Proving That Locked-In Syndrome Was Caused by Malpractice
To hold a medical professional legally accountable, you must prove the following:
- Duty of care: The healthcare professional had a responsibility to provide competent treatment.
- Breach of duty: The provider failed to meet that standard (such as by misdiagnosing a stroke or failing to monitor oxygen levels).
- Causation: The mistake directly caused or contributed to the locked-in syndrome.
- Damages: The patient suffered measurable harm, including medical expenses, loss of income, and pain and suffering.
Because these cases involve complex medical evidence, your attorney may consult neurologists, anesthesiologists, and other specialists to build a strong case.
Who Can Be Held Liable for Locked-In Syndrome?
Multiple parties may be responsible for preventable locked-in syndrome, depending on where and how the error occurred. Possible defendants include:
- Doctors or surgeons for misdiagnosis, surgical mistakes, or delayed intervention
- Anesthesiologists for oxygen deprivation during surgery
- Hospitals or clinics for staffing shortages, inadequate training, or faulty equipment
- Nurses or technicians for improper monitoring or medication errors
An attorney can investigate hospital protocols, staff records, and patient charts to determine where the breakdown happened and who should be held accountable.
Speak to a Medical Malpractice Lawyer
If you suspect that locked-in syndrome was caused by a medical mistake, you have the right to demand answers and hold negligent providers accountable. A medical malpractice attorney from Anidjar & Levine can uncover what went wrong, fight for justice, and help your family obtain the financial support you deserve.
Book a free case review to take the first step toward justice.
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