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	<title>Brain &amp; Spinal Cord Blog</title>
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	<description>Resources and legal help for Brain &#38; Spinal Cord Injury Survivors</description>
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		<title>Understanding the Legal Rights of Individuals With Locked-In Syndrome</title>
		<link>https://brainandspinalcord.org/locked-in-syndrome-legal-rights/</link>
		
		<dc:creator><![CDATA[bspin publishing]]></dc:creator>
		<pubDate>Thu, 04 Jun 2026 01:28:10 +0000</pubDate>
				<category><![CDATA[Locked-In Syndrome Cases]]></category>
		<guid isPermaLink="false">https://brainandspinalcord.org/?p=14012</guid>

					<description><![CDATA[<p>In the midst of the shock that comes after a diagnosis of locked-in syndrome, legal questions may feel secondary. Yet over time, practical concerns begin to surface. How will long-term care be funded? What rights does your loved one retain? What happens if there are concerns about how the brain injury occurred? A locked-in syndrome... <a href="https://brainandspinalcord.org/locked-in-syndrome-legal-rights/">Read More</a></p>
<p>The post <a href="https://brainandspinalcord.org/locked-in-syndrome-legal-rights/">Understanding the Legal Rights of Individuals With Locked-In Syndrome</a> appeared first on <a href="https://brainandspinalcord.org">Brain and Spinal Cord</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p><img fetchpriority="high" decoding="async" class="aligncenter wp-image-14011 " src="https://brainandspinalcord.org/wp-content/uploads/2026/06/Legal-Rights-of-Individuals-With-Locked-In-Syndrome.jpg" alt="Legal Rights of Individuals With Locked-In Syndrome" width="998" height="561" srcset="https://brainandspinalcord.org/wp-content/uploads/2026/06/Legal-Rights-of-Individuals-With-Locked-In-Syndrome.jpg 1920w, https://brainandspinalcord.org/wp-content/uploads/2026/06/Legal-Rights-of-Individuals-With-Locked-In-Syndrome-300x169.jpg 300w, https://brainandspinalcord.org/wp-content/uploads/2026/06/Legal-Rights-of-Individuals-With-Locked-In-Syndrome-1024x576.jpg 1024w, https://brainandspinalcord.org/wp-content/uploads/2026/06/Legal-Rights-of-Individuals-With-Locked-In-Syndrome-768x432.jpg 768w, https://brainandspinalcord.org/wp-content/uploads/2026/06/Legal-Rights-of-Individuals-With-Locked-In-Syndrome-1536x864.jpg 1536w" sizes="(max-width: 998px) 100vw, 998px" /></p>
<p>In the midst of the shock that comes after a diagnosis of locked-in syndrome, legal questions may feel secondary. Yet over time, practical concerns begin to surface. How will long-term care be funded? What rights does your loved one retain? What happens if there are concerns about how the brain injury occurred?</p>
<p>A <a href="https://brainandspinalcord.org/locked-in-syndrome-lawyer/">locked-in syndrome attorney</a> can help you understand and advocate for your loved one’s rights. This knowledge does not erase the diagnosis. But it can help families make informed, steady decisions about the future.</p>
<h2>What Is Locked-In Syndrome?</h2>
<p>Locked-in syndrome is a rare neurological condition most often caused by a brain stem stroke. Individuals are conscious and cognitively intact but unable to move most voluntary muscles. Communication may be limited to eye movements or blinking.</p>
<p>Because awareness is preserved, individuals with LIS retain their legal personhood. <strong>They have the same fundamental rights as any other adult</strong>: the right to make decisions, the right to access medical care, the right to dignity and autonomy, and the right to seek legal redress if they have been harmed by negligence.</p>
<p>The central challenge is not a loss of rights, but <strong>ensuring those rights can be meaningfully exercised</strong> despite profound physical limitations.</p>
<h2>The Right to Medical Decision-Making</h2>
<p>A person with locked-in syndrome typically retains full cognitive capacity. That means they still have the legal authority to make their own medical decisions, provided they can communicate those decisions reliably.</p>
<p>Hospitals and care teams should make appropriate accommodations for communication. This may include:</p>
<ul>
<li aria-level="1">Eye-tracking devices</li>
<li aria-level="1">Alphabet boards</li>
<li aria-level="1">Blink-response systems</li>
<li aria-level="1">Speech-generating technology</li>
<li aria-level="1">Specialized assistive communication devices</li>
</ul>
<p><a href="https://brainandspinalcord.org/faqs/abi/can-you-communicate-with-someone-with-locked-in-syndrome/">If communication can be established</a>, <strong>the individual—not the family—remains the primary decision-maker</strong>.</p>
<p>If communication is not yet possible or cognitive impairment is present, a legally appointed decision-maker may be required. This could be:</p>
<ul>
<li aria-level="1">A healthcare proxy or medical power of attorney (if previously designated)</li>
<li aria-level="1">A court-appointed guardian</li>
<li aria-level="1">A spouse or close family member, depending on state law</li>
</ul>
<p>Families should review any existing advance directives and ensure medical providers have copies. If none exist, consulting an attorney about appropriate legal arrangements can help prevent confusion or conflict later.</p>
<h2>Guardianship, Capacity, and Autonomy for LIS Patients</h2>
<p>In cases where communication remains limited, families sometimes explore guardianship. Courts can appoint a guardian to make legal and financial decisions on behalf of a person who is unable to do so independently.</p>
<p>This is a significant step. Courts generally require medical evidence demonstrating incapacity. Because many individuals with LIS retain cognitive awareness, the question of capacity can be nuanced.</p>
<p>Whenever possible, supported decision-making—where the individual communicates choices with assistance—may preserve autonomy while ensuring protection. Legal structures should be tailored to the individual’s abilities. <strong>Assumptions should not be made based solely on physical paralysis.</strong></p>
<h2>The Right to Accessible Care and Accommodations</h2>
<p>Individuals with locked-in syndrome are protected under federal disability laws, including the <a href="https://www.ada.gov/">Americans with Disabilities Act (ADA)</a> and, in many cases, <a href="https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/statutes/section-504-rehabilitation-act-of-1973">Section 504 of the Rehabilitation Act</a>.</p>
<p>These laws require hospitals, rehabilitation centers, long-term care facilities, and public institutions to provide <strong>reasonable accommodations that allow meaningful access to services</strong>. For someone with locked-in syndrome, that may include:</p>
<ul>
<li aria-level="1">Communication aids and trained staff who understand how to use them</li>
<li aria-level="1">Accessible hospital rooms and equipment</li>
<li aria-level="1">Equal access to rehabilitation services</li>
<li aria-level="1">Protection from discrimination based on disability</li>
</ul>
<p>Denial of appropriate accommodations can significantly impact quality of life and recovery. While many institutions strive to meet these obligations, families sometimes need to advocate firmly and clearly for necessary resources.</p>
<p>Documentation is important. Keeping records of requests for accommodations and responses from providers can be helpful if concerns arise.</p>
<h2>Financial Support and Public Benefits for Those With LIS</h2>
<p>The long-term needs associated with LIS are often substantial. These may include ongoing neurological care, respiratory support, assistive communication technology, skilled nursing or in-home care, home modifications, and physical, occupational, and speech therapy.</p>
<p>Several public programs may provide support, depending on eligibility:</p>
<ul>
<li aria-level="1">Social Security Disability Insurance (SSDI)</li>
<li aria-level="1">Supplemental Security Income (SSI)</li>
<li aria-level="1">Medicare or Medicaid</li>
<li aria-level="1">State waiver programs for long-term care services</li>
</ul>
<p>Navigating these systems can be complex. Applications require detailed medical documentation, and denials are not uncommon at the initial stage. Families may want to work with experienced advocates or attorneys who understand Disability benefit systems.</p>
<p>Securing appropriate benefits allows you to access the resources necessary for safe, dignified care.</p>
<h2>The Importance of Long-Term Planning in Locked-In Syndrome Cases</h2>
<p><strong>Locked-in syndrome is often a lifelong condition.</strong> That reality makes long-term planning essential. Families should consider:</p>
<ul>
<li aria-level="1">Special needs trusts to protect eligibility for public benefits</li>
<li aria-level="1">Structured financial planning for lifetime care</li>
<li aria-level="1">Advance directives reflecting the individual’s wishes</li>
<li aria-level="1">Ongoing reassessment of assistive technology options</li>
</ul>
<p>The right legal and financial framework can provide stability. It allows families to focus on caregiving and connection rather than constant financial uncertainty.</p>
<h2>When Stroke-Related Medical Care Is Questioned</h2>
<p>Locked-in syndrome is often caused by a <a href="https://brainandspinalcord.org/faqs/abi/how-does-a-doctor-diagnose-a-brain-stem-stroke/">brain stem stroke</a>. In rare situations, families may have concerns about whether earlier intervention could have changed the outcome.</p>
<p>It is important to approach these questions with balance. Medicine is complex. Even excellent providers may be unable to prevent a bad outcome. A poor result alone does not mean malpractice occurred.</p>
<p>Your family has the right to consult an attorney about your situation. A thoughtful medical-legal review may evaluate issues such as:</p>
<ul>
<li aria-level="1">Whether stroke symptoms were promptly recognized</li>
<li aria-level="1">Whether imaging was appropriately ordered and interpreted</li>
<li aria-level="1">Whether surgical or emergency protocols were followed</li>
</ul>
<p>Reviewing records with qualified medical experts can provide clarity. Sometimes, that clarity confirms the standard of care was met. Other times, it identifies preventable breakdowns that warrant further action.</p>
<p>The goal here is not retaliation. It is understanding what happened and determining whether additional resources may be available for long-term care.</p>
<h2>Preserving Information About the Locked-In Syndrome Diagnosis</h2>
<p>If there are questions about how an injury occurred, early documentation can be important. Families may consider:</p>
<ul>
<li aria-level="1">Requesting complete medical records</li>
<li aria-level="1">Obtaining imaging studies on disc</li>
<li aria-level="1">Writing down a timeline of events while memories are fresh</li>
<li aria-level="1">Preserving communication with providers or witnesses</li>
<li aria-level="1">Keeping records of expenses related to care</li>
</ul>
<p>These steps do not commit a family to legal action. They simply <strong>protect access to information</strong>, which can become harder to obtain over time.</p>
<h2>Restoring Voice Through Advocacy</h2>
<p>Perhaps the most profound legal principle at stake is voice. <strong>Locked-in syndrome may silence speech, but it does not silence rights</strong>. Whether through assistive technology, trusted advocates, or legal representation, individuals with LIS are entitled to have their preferences heard and respected.</p>
<p>Understanding legal rights does not change the medical reality. But it can reduce uncertainty. It can help secure care. It can provide answers where questions remain. If you would like to speak with an attorney about available legal options, you may do so at your own pace. A review from Newsome Law can offer clarity about your rights and the resources that may help support your loved one over the long term.</p>
<p>The post <a href="https://brainandspinalcord.org/locked-in-syndrome-legal-rights/">Understanding the Legal Rights of Individuals With Locked-In Syndrome</a> appeared first on <a href="https://brainandspinalcord.org">Brain and Spinal Cord</a>.</p>
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		<title>Understanding Patient Rights After a Stroke Misdiagnosis</title>
		<link>https://brainandspinalcord.org/stroke-misdiagnosis-legal-rights</link>
		
		<dc:creator><![CDATA[bspin publishing]]></dc:creator>
		<pubDate>Thu, 04 Jun 2026 01:07:48 +0000</pubDate>
				<category><![CDATA[Stroke Misdiagnosis]]></category>
		<guid isPermaLink="false">https://brainandspinalcord.org/?p=14010</guid>

					<description><![CDATA[<p>When a stroke is missed or diagnosed too late, the consequences can be life-altering for the person and their family. In the aftermath, many are left with difficult questions—not only about what happened medically, but about their rights moving forward. Understanding patient rights after a stroke misdiagnosis can help bring clarity during an uncertain time... <a href="https://brainandspinalcord.org/stroke-misdiagnosis-legal-rights">Read More</a></p>
<p>The post <a href="https://brainandspinalcord.org/stroke-misdiagnosis-legal-rights">Understanding Patient Rights After a Stroke Misdiagnosis</a> appeared first on <a href="https://brainandspinalcord.org">Brain and Spinal Cord</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p><img decoding="async" class="aligncenter wp-image-14013 " src="https://brainandspinalcord.org/wp-content/uploads/2026/06/Patient-Rights-After-a-Stroke-Misdiagnosis.jpg" alt="Patient Rights After a Stroke Misdiagnosis" width="989" height="556" srcset="https://brainandspinalcord.org/wp-content/uploads/2026/06/Patient-Rights-After-a-Stroke-Misdiagnosis.jpg 1920w, https://brainandspinalcord.org/wp-content/uploads/2026/06/Patient-Rights-After-a-Stroke-Misdiagnosis-300x169.jpg 300w, https://brainandspinalcord.org/wp-content/uploads/2026/06/Patient-Rights-After-a-Stroke-Misdiagnosis-1024x576.jpg 1024w, https://brainandspinalcord.org/wp-content/uploads/2026/06/Patient-Rights-After-a-Stroke-Misdiagnosis-768x432.jpg 768w, https://brainandspinalcord.org/wp-content/uploads/2026/06/Patient-Rights-After-a-Stroke-Misdiagnosis-1536x864.jpg 1536w" sizes="(max-width: 989px) 100vw, 989px" /></p>
<p>When a stroke is missed or diagnosed too late, the consequences can be life-altering for the person and their family. In the aftermath, many are left with difficult questions—not only about what happened medically, but about their rights moving forward. Understanding patient rights after a stroke misdiagnosis can help bring clarity during an uncertain time and provide a path toward answers, accountability, and informed decision-making about the future if negligence may have played a role.</p>
<h2>Patients’ Rights After a Failure to Diagnose a Stroke</h2>
<p>After a stroke is misdiagnosed, patients and their families are often left trying to make sense of both the medical outcome and what options are available to them. In this moment of uncertainty, understanding patient rights can provide a measure of stability and direction.</p>
<p>While no two situations are exactly alike, there are core protections that allow patients to seek answers, access information, and make informed decisions about their care and their future.</p>
<h3>The Right to Clear Information</h3>
<p>Patients have the right to a full and understandable explanation of their medical care. This includes how symptoms were evaluated, what conclusions were reached, and why certain decisions were made during the diagnostic process.</p>
<p>They are also entitled to ask follow-up questions and receive answers in plain, accessible language. Clear communication can be especially important after a stroke, where timing and interpretation of symptoms often play a critical role.</p>
<h3>The Right to Access Medical Records</h3>
<p>Patients can request complete access to their medical records, including test results, imaging, physician notes, and timelines of care. These documents create a detailed picture of what happened during the diagnostic window.</p>
<p>Reviewing records can help families better understand whether appropriate steps were taken when symptoms first appeared. In many cases, these records also form the foundation for any further medical or legal evaluation.</p>
<h3>The Right to a Second Opinion</h3>
<p>Seeking a second opinion allows patients to gain additional perspective on the diagnosis and treatment they received. Another medical professional may help clarify whether the stroke presentation was typical or difficult to identify.</p>
<p>This process can also provide insight into whether earlier intervention may have been possible. For many families, a second opinion offers reassurance—or helps highlight areas where further questions may be warranted.</p>
<h3>The Right to Respectful and Appropriate Care</h3>
<p>Even after a misdiagnosis, patients remain entitled to care that meets accepted medical standards. This includes appropriate treatment, rehabilitation planning, and ongoing communication about recovery and long-term needs.</p>
<p>Respectful care also means being treated with dignity, having concerns taken seriously, and being included in decisions about the next stages of treatment and support.</p>
<h3>The Right to Explore Whether Negligence Occurred</h3>
<p>Not every stroke misdiagnosis is preventable, and some strokes present in ways that are difficult to recognize. However, there are situations where delays may be linked to missed warning signs, incomplete evaluations, or breakdowns in communication.</p>
<p>Patients have the right to have their case carefully reviewed to better understand whether the care that was provided aligned with accepted standards. This step is about gaining clarity, not making assumptions.</p>
<h3>The Right to Pursue Accountability, If Appropriate</h3>
<p>If a review suggests that medical negligence may have contributed to harm, patients may have the option to pursue a legal claim. This process focuses on understanding what happened and addressing the long-term impact on the person and their family.</p>
<p>Pursuing accountability can also help secure resources for ongoing care, rehabilitation, and support. For many, it is part of a broader effort to ensure stability moving forward.</p>
<h3>The Right to Make Decisions at Their Own Pace</h3>
<p>There is no requirement to act immediately after a stroke misdiagnosis. Patients and families can take the time they need to process what has happened and consider their options carefully.</p>
<p>Many begin with a simple conversation or case review to better understand their situation. From there, any next steps can be taken thoughtfully, based on comfort, clarity, and what feels appropriate for their circumstances.</p>
<h2>What a Legal Review Typically Involves</h2>
<p>For many families, understanding their rights eventually leads to a simple question: what actually happens if we ask someone to look at this? A legal review is often the first step—not as a commitment to take action, but as a way to better understand what occurred.</p>
<p>This process usually begins with a conversation. Patients or family members can share:</p>
<ul>
<li aria-level="1">What they experienced</li>
<li aria-level="1">What they were told</li>
<li aria-level="1">What questions remain unanswered</li>
</ul>
<p>From there, medical records are gathered and carefully organized to create a clear timeline of events.</p>
<p>Once records are available, they are typically reviewed in detail, often with input from independent medical professionals. The goal is to determine whether the care provided aligned with accepted medical standards, particularly during the critical window when stroke symptoms first appeared.</p>
<p>Importantly, a review is not the same as filing a claim. In many cases, families simply gain clarity about whether the outcome may have been preventable or whether the care was appropriate given the circumstances. If concerns are identified, the next steps can be discussed, but always at a pace that feels right for the patient and their family.</p>
<h2>If a Review Identifies Potential Concerns, What Rights Do Patients Have?</h2>
<p>If a legal review finds that care may not have met accepted medical standards, patients and their families have the right to understand those findings in clear, practical terms. This includes:</p>
<ul>
<li aria-level="1">An explanation of what may have gone wrong</li>
<li aria-level="1">How it may have affected the outcome</li>
<li aria-level="1">Whether earlier diagnosis or treatment could have made a difference</li>
</ul>
<p>They also have the right to ask questions and take time to process that information. For many families, simply having a clearer picture of what happened can be an important step, regardless of whether they choose to move forward.</p>
<p>Patients and families may also have the right to pursue a legal claim, if appropriate. This process is designed to address the impact of the stroke—both immediate and long-term—including medical care, rehabilitation needs, and changes to daily life. In some cases, it can also help provide financial support for ongoing care and future planning.</p>
<p>At the same time, choosing to move forward is always optional. Families can decide whether pursuing a claim feels appropriate for their situation, and when. The goal is not to create pressure, but to ensure that, if concerns are identified, patients have the information and support needed to make a decision that aligns with their needs and priorities.</p>
<h2>We Can Protect Your Rights and Help You Navigate the Aftermath of Stroke Misdiagnosis</h2>
<p>In the aftermath of a stroke misdiagnosis, it’s normal to have questions that don’t have immediate answers. Understanding your rights can be a meaningful first step toward clarity and stability. If you ever feel ready to explore what happened, speaking with someone experienced in these cases can help you better understand your options. There’s no pressure to move forward—just an opportunity to have a conversation and get the information you need.</p>
<p>We take cases on a contingency fee basis, which means you owe us nothing unless we recover compensation for you. Call Newsome Law whenever you are ready.</p>
<p>The post <a href="https://brainandspinalcord.org/stroke-misdiagnosis-legal-rights">Understanding Patient Rights After a Stroke Misdiagnosis</a> appeared first on <a href="https://brainandspinalcord.org">Brain and Spinal Cord</a>.</p>
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		<title>Legal Consequences of Misdiagnosing Locked-In Syndrome</title>
		<link>https://brainandspinalcord.org/locked-in-syndrome-misdiagnosis/</link>
		
		<dc:creator><![CDATA[Rich Newsome]]></dc:creator>
		<pubDate>Fri, 15 May 2026 16:32:52 +0000</pubDate>
				<category><![CDATA[Locked-In Syndrome Cases]]></category>
		<guid isPermaLink="false">https://brainandspinalcord.org/?p=13939</guid>

					<description><![CDATA[<p>Locked-In Syndrome (LIS) is a neurologic emergency most often caused by stroke. It leaves a person conscious and aware but unable to move or speak, typically with only limited eye movement preserved. For families, the experience is disorienting and frightening. When this condition is missed or misdiagnosed, the consequences can be profound: medically, emotionally, and,... <a href="https://brainandspinalcord.org/locked-in-syndrome-misdiagnosis/">Read More</a></p>
<p>The post <a href="https://brainandspinalcord.org/locked-in-syndrome-misdiagnosis/">Legal Consequences of Misdiagnosing Locked-In Syndrome</a> appeared first on <a href="https://brainandspinalcord.org">Brain and Spinal Cord</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p><img decoding="async" class="aligncenter wp-image-13940 " src="https://brainandspinalcord.org/wp-content/uploads/2026/05/Legal-Consequences-of-Misdiagnosing-Locked-In-Syndrome.jpg" alt="Legal Consequences of Misdiagnosing Locked-In Syndrome" width="1012" height="569" srcset="https://brainandspinalcord.org/wp-content/uploads/2026/05/Legal-Consequences-of-Misdiagnosing-Locked-In-Syndrome.jpg 1920w, https://brainandspinalcord.org/wp-content/uploads/2026/05/Legal-Consequences-of-Misdiagnosing-Locked-In-Syndrome-300x169.jpg 300w, https://brainandspinalcord.org/wp-content/uploads/2026/05/Legal-Consequences-of-Misdiagnosing-Locked-In-Syndrome-1024x576.jpg 1024w, https://brainandspinalcord.org/wp-content/uploads/2026/05/Legal-Consequences-of-Misdiagnosing-Locked-In-Syndrome-768x432.jpg 768w, https://brainandspinalcord.org/wp-content/uploads/2026/05/Legal-Consequences-of-Misdiagnosing-Locked-In-Syndrome-1536x864.jpg 1536w" sizes="(max-width: 1012px) 100vw, 1012px" /></p>
<p>Locked-In Syndrome (LIS) is a neurologic emergency most often caused by stroke. It leaves a person conscious and aware but unable to move or speak, typically with only limited eye movement preserved. For families, the experience is disorienting and frightening.</p>
<p>When this condition is missed or misdiagnosed, the consequences can be profound: medically, emotionally, and, in some cases, legally. This article explains how misdiagnosis can occur, what its consequences may be, and how families and <a href="https://brainandspinalcord.org/stroke-misdiagnosis-lawyer/">Locked-In Syndrome attorneys</a> can approach questions about accountability with care and perspective.</p>
<h2>Understanding Locked-In Syndrome and Diagnostic Risk</h2>
<p>Locked-In Syndrome most commonly results from a stroke affecting the <a href="https://my.clevelandclinic.org/health/body/21598-brainstem">brainstem, particularly the pons</a>. Because motor pathways are disrupted while consciousness is preserved, patients may appear unresponsive despite being awake and aware. This creates a diagnostic challenge.</p>
<p>Early signs can be subtle:</p>
<ul>
<li aria-level="1">Limited or absent voluntary movement</li>
<li aria-level="1">Preserved vertical eye movement or blinking</li>
<li aria-level="1">Inconsistent responses that may be overlooked</li>
</ul>
<p>In fast-moving clinical environments, these signs can be mistaken for coma, vegetative state, or severe encephalopathy. Without <a href="https://brainandspinalcord.org/faqs/how-do-doctors-make-a-diagnosis-of-locked-in-syndrome/">careful neurological assessment</a>, opportunities to recognize awareness may be missed, and it is frequently up to family members to alert providers about possible signs of consciousness.</p>
<h2>When Locked-In Syndrome Is Misdiagnosed</h2>
<p>Not every missed or delayed diagnosis is the result of negligence. Medicine involves uncertainty, especially in complex neurological presentations. However, certain breakdowns can contribute to diagnostic error:</p>
<ul>
<li aria-level="1">Incomplete neurological examination</li>
<li aria-level="1">Failure to recognize eye-based communication</li>
<li aria-level="1">Delays in imaging or misinterpretation of results</li>
<li aria-level="1">Communication gaps between care teams</li>
<li aria-level="1">Assumptions about level of consciousness without confirmatory testing</li>
</ul>
<p>A misdiagnosis may persist for days, weeks, or longer. During that time, a patient may be treated as though they lack awareness, despite being conscious. This feeling of utter powerlessness is horrific and, in some cases, completely preventable.</p>
<h2>When Legal Questions Arise After a Locked-In Syndrome Diagnosis</h2>
<p>In some cases, families begin to ask whether the care provided met appropriate medical standards. They want—and have a right—to understand what happened and whether different care could have changed the course of events.</p>
<p>A legal review typically focuses on questions such as:</p>
<ul>
<li aria-level="1">Were appropriate neurological assessments performed?</li>
<li aria-level="1">Was imaging obtained and interpreted in a timely manner?</li>
<li aria-level="1">Were signs of awareness appropriately evaluated?</li>
<li aria-level="1">Did communication breakdowns affect diagnosis or care?</li>
</ul>
<p>Importantly, not all misdiagnoses are malpractice. The legal standard generally considers whether the care provided was consistent with what reasonably competent providers would have done under similar circumstances.</p>
<h3>The Role of a Careful Investigation</h3>
<p>A thorough review is grounded in medical evidence, not assumptions. It often involves:</p>
<ul>
<li aria-level="1">Collecting complete medical records</li>
<li aria-level="1">Reviewing imaging studies and timelines</li>
<li aria-level="1">Consulting independent neurological experts</li>
<li aria-level="1">Evaluating hospital protocols and communication patterns</li>
</ul>
<p>In many cases, the findings clarify that the care was appropriate given the circumstances. In others, they may reveal missed opportunities or preventable delays. Either way, simply knowing the truth is a source of comfort and relief for many families.</p>
<h2>Potential Legal Consequences of Missing a Diagnosis</h2>
<p>When a misdiagnosis is determined to fall below the accepted standard of care, there may be legal consequences. These are typically addressed through civil claims focused on harm and recovery.</p>
<h3>Seeking Accountability for Liable Parties</h3>
<p>Responsibility may rest with:</p>
<ul>
<li aria-level="1">Individual providers</li>
<li aria-level="1">Hospitals or healthcare systems</li>
<li aria-level="1">Systemic issues, such as inadequate protocols or staffing</li>
</ul>
<p>Often, cases involve a combination of individual and institutional factors.</p>
<h3>Compensation as Support</h3>
<p>Any financial recovery is intended to provide resources for ongoing needs. In cases involving Locked-In Syndrome, those needs can be substantial:</p>
<ul>
<li aria-level="1">Long-term medical care</li>
<li aria-level="1">Assistive communication technology</li>
<li aria-level="1">Rehabilitation and therapy</li>
<li aria-level="1">Home modifications</li>
<li aria-level="1">Skilled caregiving support</li>
</ul>
<p>The focus remains on preserving dignity, improving quality of life, and ensuring stability for the future.</p>
<h2>The Human Consequences of LIS Misdiagnosis</h2>
<p>The impact of misdiagnosing Locked-In Syndrome affects both the patient and their families.</p>
<h3>For the Patient</h3>
<p>A person with Locked-In Syndrome retains awareness. When that awareness is not recognized, the experience can be isolating. Patients may be unable to express pain, needs, or preferences. They may hear conversations about their condition without being able to respond.</p>
<p>Clear recognition of consciousness allows for:</p>
<ul>
<li aria-level="1">Communication systems using eye movement</li>
<li aria-level="1"><a href="https://brainandspinalcord.org/faqs/do-people-with-locked-in-syndrome-feel-pain/">Pain management</a> and comfort measures</li>
<li aria-level="1">Participation in care decisions, when possible</li>
</ul>
<h3>For Families</h3>
<p>Families rely on accurate information to make decisions. A misdiagnosis may lead to:</p>
<ul>
<li aria-level="1">Misunderstanding the patient’s level of awareness</li>
<li aria-level="1">Delayed rehabilitation planning</li>
<li aria-level="1">Emotional distress upon later discovery of awareness</li>
</ul>
<p>The realization that a loved one may have been conscious but unable to communicate can be particularly difficult.</p>
<h2>Practical Steps Families Can Take</h2>
<p>If questions arise about a possible misdiagnosis, families can take measured, constructive steps:</p>
<h3>1. Gather Medical Records</h3>
<p>Request complete records from all treating facilities, including physician notes, nursing documentation, imaging reports, and consultation records.</p>
<h3>2. Create a Timeline</h3>
<p>Document key events, such as the onset of symptoms, hospital admission and evaluations, and changes in diagnosis or condition.</p>
<h3>3. Note Observations</h3>
<p>Family members are often the first to notice subtle signs of awareness. Documenting your observations—and the provider’s response to them—can be helpful.</p>
<h3>4. Preserve Imaging and Test Results</h3>
<p>Original scans and test data may be important for independent review.</p>
<h3>5. Seek Clarification</h3>
<p>Before drawing conclusions, it can be helpful to ask treating providers for explanations of what occurred and why.</p>
<h2>Moving Forward With Support After an LIS Diagnosis</h2>
<p>Families facing Locked-In Syndrome are navigating both medical and emotional uncertainty. Legal questions, when they arise, are just one part of that broader experience.</p>
<p>The right support often includes:</p>
<ul>
<li aria-level="1">Clear medical communication</li>
<li aria-level="1">Access to rehabilitation and assistive technology</li>
<li aria-level="1">Emotional and psychological resources</li>
<li aria-level="1">Careful, respectful legal guidance when appropriate</li>
</ul>
<p>Any next step should be controlled by the family. There is no requirement to act quickly or pursue a claim. Taking time to understand the situation is both reasonable and appropriate.</p>
<h2>Frequently Asked Questions About Locked-In Syndrome Lawsuits</h2>
<p>Having questions is normal, but the weight of the unknown can be crushing. Our legal team is always here to address your concerns and provide tailored advice. We can answer all of your questions, including the following.</p>
<h3>What Makes These Cases Complex From a Legal Standpoint?</h3>
<p>Malpractice cases require detailed medical review, including expert analysis of neurological findings, imaging, and timing. The distinction between a difficult diagnosis and a preventable error is not always straightforward.</p>
<h3>Who Can You Sue for a Locked-In Syndrome Misdiagnosis?</h3>
<p>If your loved one was left undiagnosed for an unreasonably long time, you have the option of taking action against anyone that a legal review finds negligent. This could include both individual providers and entire healthcare institutions.</p>
<h3>How Soon Should a Family Seek a Legal Review?</h3>
<p>It is helpful to begin gathering information early, but families can move at their own pace. A careful, informed approach is just as important as timely action.</p>
<h2>Getting Answers and Understanding Your Legal Options</h2>
<p>Locked-In Syndrome challenges assumptions about consciousness and communication. When it is not recognized, the consequences can be deeply personal and far-reaching.</p>
<p>For families, the priority is often understanding: what happened, what it means, and what comes next. Legal questions, when they arise, should be approached with the same care. If you are navigating this situation, know that seeking clarity is a reasonable and important step. You remain in control of what happens next. Newsome Law is here to provide guidance and support whenever you want it.</p>
<p>The post <a href="https://brainandspinalcord.org/locked-in-syndrome-misdiagnosis/">Legal Consequences of Misdiagnosing Locked-In Syndrome</a> appeared first on <a href="https://brainandspinalcord.org">Brain and Spinal Cord</a>.</p>
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		<title>Key Legal Elements in a Stroke Misdiagnosis Lawsuit</title>
		<link>https://brainandspinalcord.org/stroke-misdiagnosis-claims/</link>
		
		<dc:creator><![CDATA[Rich Newsome]]></dc:creator>
		<pubDate>Fri, 15 May 2026 16:23:22 +0000</pubDate>
				<category><![CDATA[Stroke Misdiagnosis]]></category>
		<guid isPermaLink="false">https://brainandspinalcord.org/?p=13936</guid>

					<description><![CDATA[<p>In the moments after a stroke misdiagnosis, the question is not simply what went wrong but whether the care provided met the medical standard required under the circumstances. A stroke misdiagnosis lawsuit is one way families seek clarity. A lawsuit is an evidence-based process focused on understanding what happened. The key elements required to prove... <a href="https://brainandspinalcord.org/stroke-misdiagnosis-claims/">Read More</a></p>
<p>The post <a href="https://brainandspinalcord.org/stroke-misdiagnosis-claims/">Key Legal Elements in a Stroke Misdiagnosis Lawsuit</a> appeared first on <a href="https://brainandspinalcord.org">Brain and Spinal Cord</a>.</p>
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										<content:encoded><![CDATA[<p><img loading="lazy" decoding="async" class="aligncenter wp-image-13938 " src="https://brainandspinalcord.org/wp-content/uploads/2026/05/Legal-Elements-in-a-Stroke-Misdiagnosis-Lawsuit.jpg" alt="Key Legal Elements in a Stroke Misdiagnosis Lawsuit" width="1044" height="587" srcset="https://brainandspinalcord.org/wp-content/uploads/2026/05/Legal-Elements-in-a-Stroke-Misdiagnosis-Lawsuit.jpg 1920w, https://brainandspinalcord.org/wp-content/uploads/2026/05/Legal-Elements-in-a-Stroke-Misdiagnosis-Lawsuit-300x169.jpg 300w, https://brainandspinalcord.org/wp-content/uploads/2026/05/Legal-Elements-in-a-Stroke-Misdiagnosis-Lawsuit-1024x576.jpg 1024w, https://brainandspinalcord.org/wp-content/uploads/2026/05/Legal-Elements-in-a-Stroke-Misdiagnosis-Lawsuit-768x432.jpg 768w, https://brainandspinalcord.org/wp-content/uploads/2026/05/Legal-Elements-in-a-Stroke-Misdiagnosis-Lawsuit-1536x864.jpg 1536w" sizes="(max-width: 1044px) 100vw, 1044px" /></p>
<p>In the moments after a stroke misdiagnosis, the question is not simply what went wrong but whether the care provided met the medical standard required under the circumstances. A <a href="https://brainandspinalcord.org/stroke-misdiagnosis-lawyer/">stroke misdiagnosis lawsuit</a> is one way families seek clarity.</p>
<p>A lawsuit is an evidence-based process focused on understanding what happened. The key elements required to prove your case are <strong>duty of care, breach of duty, causation, and damages</strong>.</p>
<h2>Understanding the Legal Foundation of Medical Malpractice Lawsuits</h2>
<p>Every medical malpractice case, including those involving stroke misdiagnosis, rests on four core legal elements: duty, breach, causation, and damages. Each must be established through medical evidence and expert review.</p>
<h3>Duty of Care: The Provider’s Responsibility to Their Patients</h3>
<p>A duty of care arises when a healthcare provider agrees to evaluate, diagnose, or treat a patient. In stroke cases, responsible providers often include emergency physicians, primary care doctors, neurologists, nurses, and hospital systems.</p>
<p>This duty is not abstract. It requires providers to act with <strong>the level of skill, attention, and judgment that any reasonably competent provider would use</strong> under the circumstances. In suspected stroke cases, that standard is shaped by well-established protocols like rapid assessment, imaging, and timely intervention.</p>
<h3>Breach of the Standard of Care: Failure to Uphold Responsibility</h3>
<p>A breach occurs when care falls below that accepted standard. In the context of stroke, this may involve:</p>
<ul class="checklist">
<li aria-level="1">Failing to recognize classic or evolving stroke symptoms</li>
<li aria-level="1">Misattributing neurological deficits to less urgent conditions</li>
<li aria-level="1">Delays in ordering or interpreting imaging, such as CT or MRI scans</li>
<li aria-level="1">Not administering time-sensitive treatments when appropriate</li>
</ul>
<p>It is important to analyze this element’s role in your case very carefully. Not every missed diagnosis is malpractice. Stroke symptoms can be subtle or atypical, and medicine often involves complex judgment calls. The question is whether the provider’s actions were reasonable given what was known—or should have been known—at the time.</p>
<h3>Causation: Connecting the Delay to the Harm</h3>
<p>Causation is often the most medically complex element. It asks a focused question: did the misdiagnosis or delay meaningfully worsen the patient’s outcome?</p>
<p>In stroke care, timing is critical. If earlier diagnosis would have allowed for more effective interventions, causation may be established. This requires detailed analysis of:</p>
<ul class="checklist">
<li aria-level="1">When symptoms began</li>
<li aria-level="1">When the patient first sought care</li>
<li aria-level="1">What evaluations were performed (or not performed)</li>
<li aria-level="1">Whether treatment windows were missed</li>
</ul>
<p>Medical experts play a central role here, offering opinions grounded in neurology, emergency medicine, and stroke protocols.</p>
<h3>Damages: The Impact on the Patient and Family</h3>
<p>Damages reflect the real-world consequences of the injury. In stroke misdiagnosis cases, these can be profound and long-term, including:</p>
<ul class="checklist">
<li aria-level="1">Cognitive impairment or memory loss</li>
<li aria-level="1">Loss of mobility or paralysis</li>
<li aria-level="1">Speech and communication difficulties</li>
<li aria-level="1">Need for ongoing medical care, therapy, or assistive support</li>
</ul>
<p>In the most severe cases, a patient may develop Locked-In Syndrome, a devastating condition in which a person is conscious and aware but unable to move or speak.</p>
<p>The legal process can ensure that the resources needed for long-term care, stability, and quality of life are available to families whose suffering is a direct result of malpractice.</p>
<h2>How a Strong Stroke Misdiagnosis Case Is Built</h2>
<p>Establishing these elements requires a structured, methodical investigation grounded in medical evidence.</p>
<h3>Step 1: Gathering the Full Medical Record</h3>
<p>A comprehensive timeline begins with records. This includes:</p>
<ul class="checklist">
<li aria-level="1">Emergency room and hospital documentation</li>
<li aria-level="1">Imaging studies and radiology reports</li>
<li aria-level="1">EMS records, if applicable</li>
<li aria-level="1">Primary care or urgent care visits leading up to the event</li>
</ul>
<p>These materials help reconstruct what providers knew and when they knew it.</p>
<h3>Step 2: Reconstructing the Timeline</h3>
<p>Stroke cases often turn on minutes and hours. A clear chronology is essential:</p>
<ul class="checklist">
<li aria-level="1">When did symptoms first appear?</li>
<li aria-level="1">When did the patient arrive at the hospital?</li>
<li aria-level="1">How long did it take to receive imaging or specialist consultation?</li>
</ul>
<p>Even small gaps in time can carry clinical significance.</p>
<h3>Step 3: Expert Medical Review</h3>
<p>Independent medical experts evaluate whether the care met accepted standards. Their role is not to advocate but to provide objective, evidence-based opinions. They may assess questions like:</p>
<ul>
<li aria-level="1">Were the patient’s symptoms consistent with a possible stroke?</li>
<li aria-level="1">Should additional testing have been ordered sooner?</li>
<li aria-level="1">Would earlier intervention likely have changed the outcome?</li>
</ul>
<p>This step is central to maintaining fairness and credibility.</p>
<h3>Step 4: Identifying Points of Responsibility</h3>
<p>Responsibility in healthcare is often shared. A thorough review considers both individual and systemic factors, including:</p>
<ul class="checklist">
<li aria-level="1">Clinical decision-making by physicians or specialists</li>
<li aria-level="1">Nursing assessments and communication of changes in condition</li>
<li aria-level="1">Hospital protocols for stroke response</li>
<li aria-level="1">Delays in imaging availability or interpretation</li>
</ul>
<p>In some cases, breakdowns in communication rather than a single decision contribute to the outcome.</p>
<h3>Step 5: Documenting the Long-Term Impact</h3>
<p>Building a strong case also means understanding the patient’s future needs. This may involve:</p>
<ul class="checklist">
<li aria-level="1">Life-care planning to project medical and support costs</li>
<li aria-level="1">Vocational assessments, if the patient can no longer work</li>
<li aria-level="1">Input from rehabilitation specialists and therapists</li>
</ul>
<p>The focus remains on ensuring that care needs are fully understood and responsibly addressed.</p>
<h2>Compensation for Failure to Diagnose Stroke</h2>
<p>Compensation is not about assigning blame for its own sake. It is about securing the resources necessary to support a patient’s life moving forward. This may include funding for:</p>
<ul class="checklist">
<li aria-level="1">Ongoing medical treatment and therapy</li>
<li aria-level="1">In-home or residential care</li>
<li aria-level="1">Adaptive equipment and home modifications</li>
<li aria-level="1">Support for communication or mobility needs</li>
</ul>
<p>These and other types of damages have allowed families to access specialized rehabilitation, modify living spaces for accessibility, and maintain a level of stability during an otherwise uncertain time.</p>
<h2>A Measured, Patient-Centered Approach</h2>
<p>Pursuing a legal review after a stroke misdiagnosis is a personal decision. Some families choose to seek answers. Others forego a review and focus solely on care and recovery. There is no single path forward.</p>
<p>For those who do explore their options, the process should be deliberate and respectful. It should allow space for questions, provide direct access to experienced attorneys, and move at a pace that aligns with the family’s needs.</p>
<p>A thoughtful legal team will approach each case selectively, guided by medical evidence and a commitment to understanding.</p>
<h2>Practical Steps Families Can Take</h2>
<p>If you are considering your next steps after a stroke misdiagnosis, a few early actions can help preserve clarity:</p>
<ul class="checklist">
<li aria-level="1">Request complete medical records as soon as possible</li>
<li aria-level="1">Keep a written timeline of symptoms, visits, and conversations</li>
<li aria-level="1">Save discharge instructions and follow-up recommendations</li>
<li aria-level="1">Document changes in condition over time</li>
</ul>
<p>These steps do not commit you to legal action. They simply help ensure that important details are not lost.</p>
<h2>Understanding Your Family’s Legal Rights After a Stroke Misdiagnosis</h2>
<p>A stroke changes the course of a life in an instant. When questions arise about whether that outcome could have been different, families deserve clear, thoughtful answers. A legal review is one way to begin finding those answers at a pace that feels right for you. Newsome Law is always here to talk if and when you are ready to begin.</p>
<p>The post <a href="https://brainandspinalcord.org/stroke-misdiagnosis-claims/">Key Legal Elements in a Stroke Misdiagnosis Lawsuit</a> appeared first on <a href="https://brainandspinalcord.org">Brain and Spinal Cord</a>.</p>
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		<title>Review of &#8220;The 7-Day Reset for Caregivers&#8221; Book</title>
		<link>https://brainandspinalcord.org/blog/7-day-reset-for-caregivers-book/</link>
		
		<dc:creator><![CDATA[Rich Newsome]]></dc:creator>
		<pubDate>Wed, 25 Mar 2026 01:25:03 +0000</pubDate>
				<category><![CDATA[General]]></category>
		<guid isPermaLink="false">https://brainandspinalcord.org/?p=13701</guid>

					<description><![CDATA[<p>A compassionate guide for caregivers who need care, too Cecelia Williams wrote The 7-Day Reset for Caregivers Who’ve Lost Themselves for the caregiver who knows the feeling. Something inside feels worn down, but you’re still showing up. Still handling what needs to be handled. Still caring for everyone else. And when you finally find a... <a href="https://brainandspinalcord.org/blog/7-day-reset-for-caregivers-book/">Read More</a></p>
<p>The post <a href="https://brainandspinalcord.org/blog/7-day-reset-for-caregivers-book/">Review of &#8220;The 7-Day Reset for Caregivers&#8221; Book</a> appeared first on <a href="https://brainandspinalcord.org">Brain and Spinal Cord</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p><strong>A compassionate guide for caregivers who need care, too</strong></p>
<p>Cecelia Williams wrote <em><a href="https://www.etsy.com/listing/4454836550/the-7-day-reset-for-caregivers-whove">The 7-Day Reset for Caregivers Who’ve Lost Themselves</a></em> for the caregiver who knows the feeling.</p>
<p>Something inside feels worn down, but you’re still showing up. Still handling what needs to be handled. Still caring for everyone else. And when you finally find a quiet moment, another feeling creeps in: the sense that you should be doing something else. Something more. Even rest begins to feel like guilt.</p>
<p>If you recognize that feeling, Ms. Williams wrote this guide with you in mind.</p>
<p>“It’s easy to lose yourself and forget you are a person, not just a caregiver,” she says. “Once you become a caregiver, you forget about all the things you used to enjoy, because your sole focus becomes the person you’re caring for. I wanted to find a way to put those feelings into words and reach caregivers who are going through the same thing.”</p>
<p>The result is <em>The 7-Day Reset for Caregivers Who’ve Lost Themselves</em>, a short but powerful guide available on Etsy.</p>
<h2>A Compassionate Guide for Caregivers in Need of Care</h2>
<p>This is not a productivity plan dressed up as self-care. It does not ask caregivers to overhaul their lives, “stay positive,” or push through impossible circumstances. Ms. Williams doesn’t promise a reset that makes everything okay again.</p>
<p>“As a caregiver, the last thing you want to hear is advice about how you should feel,” she says. “It’s not about fixing. It’s about recognizing your feelings, acknowledging them, and working through them.”</p>
<p>One of the tools she suggests is simple but powerful: writing down your thoughts and returning to them later, when there is a little more space to reflect.</p>
<p>That spirit runs through the entire guide.</p>
<p>The book offers seven short, single-page entries designed to take about ten minutes each. The tone is gentle and realistic. Readers are reminded that effort will look different from day to day, and that even the smallest act of reflection is valuable.</p>
<p>As the book puts it, “If all you do is breathe, that’s enough.”</p>
<h2>Written by Someone Who’s Lived It</h2>
<p>Caregiving often begins in an instant: a diagnosis, a hospital stay, a new routine, a future that no longer looks the way it once did.</p>
<p>For Ms. Williams, it began in late August of 2023, when her husband Dwayne suffered a brainstem stroke and subsequent locked-in syndrome. She rushed him to the hospital, praying and relying on her faith to carry her through.</p>
<p>“I kept telling him, ‘Don’t give up, don’t give up. I’m here with you,’” she recalls.</p>
<p>She also remembers the confusion and uncertainty of those first days, weeks, and months. There was conflicting information from doctors. Transfers between therapy facilities that were not equipped to help Dwayne. The exhausting search for not just help, but the right help.</p>
<p>Through it all, Ms. Williams shouldered the responsibility. She says that’s something many people misunderstand about caregiving: how much you can handle. “When you are pushed into caregiving mode, your brain kind of helps out a lot,” she explains. “Your brain turns things off that aren’t life-threatening to you. It compartmentalizes.”</p>
<p>She remembers suffering from a serious back injury that would fade from her mind as she cared for Dwayne, only to come rushing back whenever someone asked her about it.</p>
<p>But this constant shouldering of responsibility is also what slowly wears caregivers down. And it’s one of the reasons Ms. Williams felt compelled to write this book.</p>
<h2>An Easy Structure With Emotional Honesty</h2>
<p>Each day shifts the focus back to the caregiver’s inner world, feelings that are often minimized or postponed.</p>
<p>Day 2, for example, explores the invisible weight caregivers carry.</p>
<p>“The brain doesn’t allow you to acknowledge it,” says Ms. Williams. “It blocks it out so you have the ability to care for the person you’re caring for. It’ll shout if something’s dangerous, but are you tuned in enough to realize if it’s shouting for you or for the person you’re caring for?”</p>
<p>It’s a powerful moment early in the guide, asking readers to recognize that even when that weight goes unspoken, it still matters.</p>
<p>Day 3 addresses another familiar feeling: guilt. Many caregivers feel guilty for wanting rest, needing space, or having desires beyond their caregiving role. The book guides readers to examine where that guilt comes from, challenge it, and, if they feel ready, try a small optional exercise that encourages new ways of thinking.</p>
<p>The book’s design reinforces its message. The text is intentionally sparse, with ample white space, making it approachable even when concentration is low and time is scarce. It reads the way it intends to function: as a brief, calming interruption in a day that may otherwise feel relentless.</p>
<h2>Written for Caregivers Like You</h2>
<p>One day, you are a spouse, mother, daughter, sibling, or friend. The next, you’re managing appointments, tracking symptoms, coordinating care, and carrying emotional weight that never seems to lift.</p>
<p>The <em>7-Day Reset for Locked-In Syndrome Caregivers Who’ve Lost Themselves</em> is grounded in a simple truth: caregiving is an act of love, but it can also erode identity over time. Ms. Williams meets readers with compassion rather than platitudes, and with attainable practices rather than sweeping promises.</p>
<p>When asked if she had any advice for those new to caregiving, Ms. Williams kept it simple:</p>
<p>“Don’t lose yourself.”</p>
<p>The post <a href="https://brainandspinalcord.org/blog/7-day-reset-for-caregivers-book/">Review of &#8220;The 7-Day Reset for Caregivers&#8221; Book</a> appeared first on <a href="https://brainandspinalcord.org">Brain and Spinal Cord</a>.</p>
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		<title>Managing and Preventing Sports-Related Spinal Cord Injuries</title>
		<link>https://brainandspinalcord.org/blog/sports-related-spinal-cord-injuries/</link>
		
		<dc:creator><![CDATA[Rich Newsome]]></dc:creator>
		<pubDate>Tue, 07 Jan 2020 22:00:18 +0000</pubDate>
				<category><![CDATA[Spinal Cord Injuries]]></category>
		<guid isPermaLink="false">https://brainandspinalcord.org/?p=13315</guid>

					<description><![CDATA[<p>Participating in sports activities can be a positive factor in physical health and emotional well-being, but playing sports comes with some inherent risks, like spinal cord injury. While falls and motor vehicle accidents cause the most traumatic spinal cord injuries, sports-related spinal cord injuries are also a concern. Spinal cord damage is not a common... <a href="https://brainandspinalcord.org/blog/sports-related-spinal-cord-injuries/">Read More</a></p>
<p>The post <a href="https://brainandspinalcord.org/blog/sports-related-spinal-cord-injuries/">Managing and Preventing Sports-Related Spinal Cord Injuries</a> appeared first on <a href="https://brainandspinalcord.org">Brain and Spinal Cord</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Participating in sports activities can be a positive factor in physical health and emotional well-being, but playing sports comes with some inherent risks, like spinal cord injury. While falls and motor vehicle accidents cause the most traumatic spinal cord injuries, sports-related spinal cord injuries are also a concern.</p>
<p>Spinal cord damage is not a common sports injury, but when this event happens the person suffers extreme physical consequences. The individual, their family, and even society incur severe financial burdens. Lifetime costs with traumatic <a href="https://www.mayoclinic.org/diseases-conditions/spinal-cord-injury/symptoms-causes/syc-20377890">spinal cord injury</a> tend to average between $1.5 million to $3 million.</p>
<h2>Sports That Are High Risk for Spinal Cord Injury</h2>
<p>It is possible to have a freak accident and sustain a spinal cord injury when merely going for a walk, but some sports have a higher rate of spinal cord injury than others. While a person can sustain a spinal cord injury in a sport not included in this list, the <a href="https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml">epidemiology of sports-related spinal cord injuries</a> names some sports with high rates of injury, such as:</p>
<ul>
<li>Diving, which causes the most sports-related spinal cord injuries in the world.</li>
<li>Skiing</li>
<li>Rugby</li>
<li>Horseback riding</li>
<li>American football</li>
<li>Cycling</li>
<li>Motor racing</li>
<li>Gymnastics</li>
<li>Baseball</li>
</ul>
<h2>The Level of Injury by Type of Sport</h2>
<p>Depending on the sport, there are particular regions of the spine that usually tend to get damaged. A study looked at six sports and explored the predominant level of spinal cord injury for each. The research revealed that:</p>
<ul>
<li>Damage that is typically at the cervical spine region occurs commonly diving (98.2%), playing American football (96.3%), playing hockey (81.5%), and skiing (81.1%).</li>
</ul>
<ul>
<li>Spinal cord injuries of horseback riders scatter across the three areas of the spine: cervical (46 %), thoracic (25.8%), and lumbosacral (24.4%).</li>
</ul>
<ul>
<li>Snowboarders have a small incidence of spinal cord injuries to the cervical region of the spine (2%). The proportions for the other parts of the spine are lumbosacral (41.5%), thoracolumbar (28.9%), and thoracic (27.6%)</li>
</ul>
<h2>The Long-Term Prognosis for Sports-Related Spinal Cord Injury</h2>
<p>The long-term outcome for the patient can vary widely. Overall, the neurological prognosis for people with sports-related spinal cord injuries include:</p>
<ul>
<li>Incomplete tetraplegia (46.9%)</li>
<li>Complete tetraplegia (37.4%)</li>
<li>Incomplete paraplegia (5.9%)</li>
<li>Complete paraplegia (5.7%)</li>
<li>Complete neurological recovery when discharged from the hospital (less than 1%)</li>
</ul>
<p>“Incomplete” means that you have lost some, but not all, motor or sensory function below the level of injury in your spine. If your injury is “complete,” you have no feeling or motor function (ability to control the muscles) below the injured part of your spine.</p>
<p>“Tetraplegia,” also called quadriplegia, is when the paralysis affects everything below the neck, including your arms, legs, torso, and pelvic organs. An injury high up in the spine, in the cervical region, can cause tetraplegia.</p>
<p>“Paraplegia” means that the legs, torso, and pelvic organs have partial or complete paralysis. A lower back spinal cord injury can result in paraplegia.</p>
<h2>How Sports-Related Spinal Cord Injuries Can Happen</h2>
<p>You can sustain a traumatic spinal cord injury from a sudden blow to your neck or back. Depending on the force and angle of the impact, as well as many other factors, you might suffer a dislocated, crushed, compressed, or fractured vertebrae (bone in your spinal column).</p>
<p>If the blow that harms the vertebrae forces some of the bone into the spinal cord, it can cut or sever the spinal cord. There is currently no treatment that restores the spinal cord to its pre-injury condition.</p>
<p>Here are a few examples of how sports-related spinal cord injuries can happen:</p>
<ul>
<li>A tackle in football or rugby that snaps the head back or to the side violently</li>
<li>Landing on the head or neck when doing gymnastics</li>
<li>Diving into shallow water or from a great height</li>
<li>A vehicle crash when motor racing</li>
<li>Colliding with an object a high speed when skiing</li>
</ul>
<p>These are but a few examples of the many ways that participating in sports can cause a spinal cord injury.</p>
<h2>Spinal Cord Injury Simplified</h2>
<p>The vertebrae surround and protect the <a href="https://orthoinfo.aaos.org/en/diseases--conditions/spine-basics/">spinal cord</a>, a bundle of nerves that travels from your brain down your back through spaces in the vertebrae. Nerves exit these bones at specific locations in your back and enter your arms, legs, and other areas of your body.</p>
<p>Nerves carry messages from the brain to all the parts of your body so that you can move your limbs, feel pain and pleasure, breathe, control your bladder and bowels, and have sexual function. If you have a complete spinal cord injury, none of the nerves below that location in your spine can receive the messages from the brain that provide control, function, and sensation.</p>
<p>Newsome | Melton handles severe injury cases such as sports-related spinal cord injuries. Our clients receive hands-on, personal attention. Call us today at <span class="notification-bar__left"><a href="tel:866-513-0846" data-ctm-exact="(800) 917-5888" data-ctm-watch-id="3" data-ctm-tracked="1" data-observe="1" data-observer-id="1">866-513-0846</a></span> for a free consultation.</p>
<p>The post <a href="https://brainandspinalcord.org/blog/sports-related-spinal-cord-injuries/">Managing and Preventing Sports-Related Spinal Cord Injuries</a> appeared first on <a href="https://brainandspinalcord.org">Brain and Spinal Cord</a>.</p>
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		<title>Concussions Explained: Symptoms, Treatment, and Safety Tips</title>
		<link>https://brainandspinalcord.org/concussions-and-cte-in-the-nfl-the-leagues-head-problem/</link>
		
		<dc:creator><![CDATA[Rich Newsome]]></dc:creator>
		<pubDate>Thu, 15 Dec 2016 15:44:14 +0000</pubDate>
				<category><![CDATA[Brain Injuries]]></category>
		<guid isPermaLink="false">https://brainandspinalcord.org/?p=10882</guid>

					<description><![CDATA[<p>Concussions and CTE in the NFL; The League’s Head Problem Despite the National Football League’s best efforts; the link between head trauma and the NFL lingers under the national spotlight. Luke Kuechly, one of the NFL’s brightest stars, has unenthusiastically become the face of the current debate raging across the country, which has parents questioning whether... <a href="https://brainandspinalcord.org/concussions-and-cte-in-the-nfl-the-leagues-head-problem/">Read More</a></p>
<p>The post <a href="https://brainandspinalcord.org/concussions-and-cte-in-the-nfl-the-leagues-head-problem/">Concussions Explained: Symptoms, Treatment, and Safety Tips</a> appeared first on <a href="https://brainandspinalcord.org">Brain and Spinal Cord</a>.</p>
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										<content:encoded><![CDATA[<h2 style="text-align: center;"><strong>Concussions and CTE in the NFL; </strong><strong>The League’s Head Problem</strong></h2>
<p>Despite the National Football League’s best efforts; the link between head trauma and the NFL lingers under the national spotlight. Luke Kuechly, one of the NFL’s brightest stars, has unenthusiastically become the face of the current debate raging across the country, which has parents questioning whether or not they should allow their children to play the game at all. After returning to practice last Wednesday, Kuechly waited impatiently to learn whether the NFL’s current concussion protocol would let him suit up this past Sunday. But the answer was a resounding NO.</p>
<p>The three-time pro-bowl linebacker has now been sidelined for the Carolina Panthers since November 17th, when he suffered a helmet-to-helmet hit, which left him hyperventilating and visibly distraught with tears running down his face as millions watched on national television. League officials, fans, and parents were equally petrified, but for different reasons. This is Kuechly’s sixth missed game in the past two seasons because of a diagnosed concussion, and he is only 25-years old. Furthermore, <a href="https://www.nydailynews.com/sports/football/concussions-rise-nfl-league-data-reveals-article-1.2513828" target="_blank" rel="noopener">concussions rose 58% from the 2014 to 2015 season</a>, so this will not be the last time we see a heartbreaking concussion injury on the gridiron.</p>
<p>Last year the conversation reached its pinnacle when Will Smith played Dr. Bennet Omalu in the major motion picture, <em>Concussion.</em> It was Omalu who first identified chronic traumatic encephalopathy, or CTE, in the brain of Mike Webster, who took his own life at the age of 50 in 2002. Since then, Boston University (BU), the leading brain trauma research institute in the United States, has identified CTE in 87 of the 91 former NFL players that they have tested thus far.</p>
<p>Meanwhile, Kuechly’s team, the Carolina Panthers, lead the NFL this season with six players placed into the concussion protocol, including Kuechly and their star quarterback, Cam Newtown. Many observers have been applauding the NFL’s protocol measures, but some detractors claim it’s “too little, too late,” while others, like the president-elect, Donald Trump, believe that “these new, and very much softer, NFL rules,” are ruining the integrity of the game. Jerry Jones has gone as far as to say that it is “absurd” to think that the current data proves CTE is linked to football (despite the 96% occurrence rate in BU’s research).</p>
<h3 style="text-align: center;">Judge Approves Multi Million Dollar NFL Head Trauma Settlement</h3>
<p>Regardless of where Jones and Trump stand on the issue, all of the data shows a connection, and the debate has grown into a state of emergency as the number of deaths linked to CTE and head trauma sustained while playing football have begun to accumulate. In April 2015, a judge approved the settlement between thousands of former players and the NFL over claims that the league concealed the dangers of head trauma related injuries. Payments of up to $5 million were promised to players with certain neurological maladies.</p>
<p>After more than a year of delays, those payments, expected to reach more than 20,000 former NFL players over the next 65 years, will now be distributed after <a href="https://www.nytimes.com/2016/12/12/sports/football/nfl-concussion-settlement-payments-supreme-court.html" target="_blank" rel="noopener">the Supreme Court rejected the appeals of some players who said the deal does not adequately cover everyone</a>. The settlement is estimated to cost the NFL more than $1 billion. In some of the most extreme cases young players who went onto develop ALS will receive $5 million. Others who contracted severe dementia early in life will receive $3 million, while those who suffered from a less severe form of dementia later in life may get as little as $25,000. All retirees that do not currently show any signs of brain trauma will be offered screenings and treatment if necessary.</p>
<h3 style="text-align: center;">Kevin Turner Settlement</h3>
<p>Kevin Turner, a plaintiff in the suit against the NFL, did not live long enough to see the $5 million now due to his family after he was diagnosed with ALS, or Lou Gehrig’s disease, in 2010. When Turner died in March 2016, he willed his brain to BU for research. Last month, Dr. Ann McKee, a professor of Neurology &amp; Pathology at BU’s CTE Center announced his results.</p>
<p>The 46-year old, Turner, died from a disease that developed from the advanced CTE found in his brain. Turner did not suffer many concussions in his career, instead he took on smaller, less severe hits. But those “smaller” hits came on a relentless basis during his three years as a running back for the New England Patriots, five years with the Philadelphia Eagles, and four years at the University of Alabama.</p>
<p>“We see a direct correlation between the length of the playing career and the development of CTE,” McKee said. “Its looking like that &#8211; not the concussions, but the duration, the years of playing &#8211; is the most significant factor.”</p>
<h3 style="text-align: center;"></h3>
<h3 style="text-align: center;">Diagnosing Living CTE Patients in 5 to 10 Years</h3>
<p>Robert Stern, the director of clinical research at BU’s CTE center, is now working to diagnose the disease in living patients, not just after death. Stern said that he hopes to have the technology in the “next five to ten years,” which could allow the league to better determine when a player should be kept off the field indefinitely. Critics of the settlement say that it does not go far enough and in many cases being diagnosed with CTE does not mean that an affected player’s family will receive a dollar. In fact, under the deal, some families of players diagnosed with certain brain traumas before April 22, 2015 are slated to receive millions, but if diagnosed after that date they may receive nothing.</p>
<p>In September 2016, the NFL and the owners pledged an additional $100 million to help prevent, diagnose, and treat head injuries in their game. The money is being spent to advance research and engineering applications. Roger Goodell, the commissioner of the NFL, is quick to point out that over the past 14 years his league has implemented 42 rules changes to protect their players and that they staff each game with a team of nearly 30 medically trained personnel. But his critics say that the NFL should have been doing more to keep their players safe.</p>
<p>“Rightfully, much of the public discussion is about concussions—how they happen, how they can be prevented and treated and what is known about their long-term impact,” wrote Goodell in a statement. “When it comes to addressing head injuries in our game, I’m not satisfied, and neither are the owners of the NFL’s 32 clubs. We can and will do better.”</p>
<h3 style="text-align: center;">NFL Grants Quanterix $800k for Biotech Research</h3>
<p>One team of researchers in Massachusetts, that base their work on the science of a professor at Tufts University, may already be doing better. Quanterix, a biotechnology company headquartered in Lexington, MA, has reportedly discovered a reliable way to test for concussions on the sidelines through a simple blood test.</p>
<p>The National Institute of Health believes that this science could help medical professionals identify concussions definitively—eliminating the guessing and human error involved in today’s practices. <a href="https://www.quanterix.com/press-releases/quanterix-named-final-winner-nfl-and-ge-head-health-challenge-i/">The NFL has awarded Quanterix $800,000 over the past two years in grants</a>, but they are not a shareholder in the company.</p>
<p>“Everybody at this level makes a choice, and you know what you sign up for,” Luke Kuechly told Peter King last year in an interview after he came back from his 2015 concussion. “I know what I’m doing. I know the risks. I love the game. I’m going to keep playing it.” And as long as fans continue to fill the stands, tune in on Sundays, and maintain football as the most popular professional sport in the United States, athletes will be forced to weigh the risks of potential brain trauma with the lucrative monetary incentives that come from dominating a game first played 147-years ago.</p>
<h3 style="text-align: center;">NFL Head Injury Statistics</h3>
<ul>
<li>A joint study, the Department of Veterans Affairs and Boston University, showed that of 91 former NFL player’s brains tested for CTE, 87 came back positive for the severe trauma.</li>
<li>Dr. Bennet Omalu first identified chronic traumatic encephalopathy, or CTE, in the brain of Mike Webster, who took his own life at the age of 50 in 2002.</li>
<li>A judge approved the settlement between thousands of former players and the NFL over claims that the league concealed the dangers of head trauma related injuries. Payments of up to $5 million were promised.</li>
<li>The settlement is estimated to cost the NFL more than $1 billion.</li>
<li>Over the past 14 years, the NFL has implemented 42 rules changes to protect their players.</li>
<li>The NFL staff&#8217;s each game with a team of nearly 30 medically trained personnel</li>
</ul>
<p>The post <a href="https://brainandspinalcord.org/concussions-and-cte-in-the-nfl-the-leagues-head-problem/">Concussions Explained: Symptoms, Treatment, and Safety Tips</a> appeared first on <a href="https://brainandspinalcord.org">Brain and Spinal Cord</a>.</p>
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		<title>Alyssa’s Story: A Tragic Case of Seatback Failure and Injury</title>
		<link>https://brainandspinalcord.org/blog/7-day-reset-for-caregivers-book-2/</link>
		
		<dc:creator><![CDATA[Rich Newsome]]></dc:creator>
		<pubDate>Fri, 15 Apr 2016 23:19:45 +0000</pubDate>
				<category><![CDATA[General]]></category>
		<guid isPermaLink="false">https://brainandspinalcord.org/?p=2809</guid>

					<description><![CDATA[<p>The Federal Motor Vehicle Safety Standard (FMVSS) 207 &#8220;specifies strength requirements for automotive seats and their attachment assemblies, so as to minimize the possibility of their failure by forces acting on them as a result of vehicle impact.&#8221; While this standard helps to regulate how well a seat structure performs in an accident, it has... <a href="https://brainandspinalcord.org/blog/7-day-reset-for-caregivers-book-2/">Read More</a></p>
<p>The post <a href="https://brainandspinalcord.org/blog/7-day-reset-for-caregivers-book-2/">Alyssa’s Story: A Tragic Case of Seatback Failure and Injury</a> appeared first on <a href="https://brainandspinalcord.org">Brain and Spinal Cord</a>.</p>
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										<content:encoded><![CDATA[<p><object width="425" height="344"><embed src="//www.youtube.com/v/wNcMCOdat9w&amp;hl=en&amp;fs=1" type="application/x-shockwave-flash" allowfullscreen="allowfullscreen" width="425" height="344" /></object></p>
<p>The Federal Motor Vehicle Safety Standard (FMVSS) 207 &#8220;specifies strength requirements for automotive seats and their attachment assemblies, so as to minimize the possibility of their failure by forces acting on them as a result of vehicle impact.&#8221;</p>
<p>While this standard helps to regulate how well a seat structure performs in an accident, it has failed to significantly decrease injuries and fatalities due to seatback failure. Alyssa&#8217;s story is one of many such devastating tales&#8230;</p>
<p><object width="425" height="344"><embed src="//www.youtube.com/v/wNcMCOdat9w&amp;hl=en&amp;fs=1" type="application/x-shockwave-flash" allowfullscreen="allowfullscreen" width="425" height="344" /></object></p>
<p>The Federal Motor Vehicle Safety Standard (FMVSS) 207 &#8220;specifies strength requirements for automotive seats and their attachment assemblies, so as to minimize the possibility of their failure by forces acting on them as a result of vehicle impact.&#8221;</p>
<p>While this standard helps to regulate how well a seat structure performs in an accident, it has failed to significantly decrease injuries and fatalities due to seatback failure. Alyssa&#8217;s story is one of many such devastating tales.</p>
<p>The Insurance Institute for Highway Safety lists 2006 as their most recent year of fatality statistics. There were 1,327 deaths caused by rear impact motor vehicle accidents. The majority of fatalities were under the age of 25, with crashes causing one of every three injury-related deaths among children under 13.</p>
<p>Of these numbers, it is unclear exactly how many death were a result of seatback failures, but what <em>is</em> clear is that auto crashes are a significant cause of life ending or altering injuries in children. What is tragic is the lack of governmental oversight, or seemingly interest, in how often seats fail with catastrophic results.</p>
<p>We have numerous reports on air bag related injuries, but no hard data on seat failures and the resulting injuries. A study for <em>The Los Angeles Times</em> by Keith Friedman, an auto safety researcher, analyzed 72 rear-end collisions using a government database of tow-away crashes, found that from 1988 to 1997 1,800 backseat passengers were injured or killed by seat failures.</p>
<p>What we need are more researchers willing to invest the time into this important subject. Data on which cars have a history of seat collapse and which ones are best known to withstand a rear impact needs to be better available to the public. This topic isn&#8217;t a new one &#8211; auto safety engineers have been issuing warnings on this subject since the 1950s.</p>
<p>The FMVSS 207 was adopted back in 1968 and other than adding vans, trucks and buses in 1972, there hasn&#8217;t been an update in its standards since. FMVSS 207 requires that a seat back be capable of handling an impact of 270 foot/lbs. Now compare that number to the 6,000 lbs. of force that seat belts are required to withstand before failure. Why would the seat only need to be four or five percent as strong as the seat belt?</p>
<p>The National Highway Traffic Safety Administration (NHTSA) is well aware of the problem and in 1996 actually admitted that the current standard was inadequate&#8230;this didn&#8217;t lead to any changes, only further recognition of the problem in 1997 and 1998. One of the reasons they are dragging their heels is over the concern that stiffer seatbacks will lead to more incidents of whiplash.</p>
<p>Compare a whiplash injury with a traumatic brain injury (TBI) that leads to permanent disability or death &#8211; which one would you chose?</p>
<p>For now, research into the car you own or are looking to buy is the best offensive you can take to keep you and your passengers safe. One Website with some information, though not nearly enough regarding seat failures, is <a href="https://www.safercar.gov/portal/site/SAFERCAR?vgnextoid=dafa9d15bf518210VgnVCM100000656b7798RCRD" rel="noopener">Safecar.gov</a>. Until we see higher seatback safety standards, we will continue to hear of tragic stories such as Alyssa&#8217;s. We need to write to NHTSA, to our local government and to our automobile manufacturers. These issues need to be resolved for the safety of all vehicle occupants.</p>
<p>The post <a href="https://brainandspinalcord.org/blog/7-day-reset-for-caregivers-book-2/">Alyssa’s Story: A Tragic Case of Seatback Failure and Injury</a> appeared first on <a href="https://brainandspinalcord.org">Brain and Spinal Cord</a>.</p>
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		<title>Medicaid and Medicare: Too much income to qualify?</title>
		<link>https://brainandspinalcord.org/blog/7-day-reset-for-caregivers-book-4/</link>
		
		<dc:creator><![CDATA[Rich Newsome]]></dc:creator>
		<pubDate>Wed, 13 Apr 2016 19:38:53 +0000</pubDate>
				<category><![CDATA[General]]></category>
		<guid isPermaLink="false">https://brainandspinalcord.org/?p=2283</guid>

					<description><![CDATA[<p>Recovering from a catastrophic brain or spinal cord injury can be very difficult both physically and financially. Few are fortunate enough to have the assets to cover all of the costs of recovery, but some have enough to cover a portion of the cost. Unfortunately, this can be a problem when they apply for Medicaid... <a href="https://brainandspinalcord.org/blog/7-day-reset-for-caregivers-book-4/">Read More</a></p>
<p>The post <a href="https://brainandspinalcord.org/blog/7-day-reset-for-caregivers-book-4/">Medicaid and Medicare: Too much income to qualify?</a> appeared first on <a href="https://brainandspinalcord.org">Brain and Spinal Cord</a>.</p>
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										<content:encoded><![CDATA[<p>Recovering from a catastrophic brain or spinal cord injury can be very difficult both physically and financially. Few are fortunate enough to have the assets to cover all of the costs of recovery, but some have enough to cover a portion of the cost. Unfortunately, this can be a problem when they apply for Medicaid to cover the remaining portion of expenses, due to the income limits required to qualify for the service.</p>
<p><iframe title="Income: Too much to qualify for Medicaid?" width="500" height="375" src="https://www.youtube.com/embed/2VD0I7hNQF8?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<p>The post <a href="https://brainandspinalcord.org/blog/7-day-reset-for-caregivers-book-4/">Medicaid and Medicare: Too much income to qualify?</a> appeared first on <a href="https://brainandspinalcord.org">Brain and Spinal Cord</a>.</p>
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