Stroke Misdiagnosis & Medical Negligence

An overview of what a stroke is can be found on the Mayo Clinics site.

A misdiagnosis or late diagnosis of a stroke can give rise to a claim for medical negligence.

The consequences of a stroke can be devastating for people, even when it’s diagnosed and treated promptly, but when the doctors have failed to recognise the warning signs, the results can vary from serious to life-changing or even death.

The early indications associated with strokes are:

• Slurred speech
• Facial weakness
• Blood infections
• High blood pressure
• Numbness in one arm

Identifying the warning signs are critically important and this is the role of the medical professional when attending a patient. The longer the supply of blood to the brain is interrupted by a stroke, the greater the chance of a disability, brain injury or death in the worst cases. The faster the symptoms are noticed the better the result.

Age Group at Most Risk

People can have a stroke at any age, but the over 60s are most at risk. Unfortunately, children can also have strokes, though they are less common.

Incorrect or Late Diagnosis

The claim of medical negligence can arise when the medical professional, while attending to a patient, fails to identify and diagnose the symptoms of a stroke, or if they do so but are slow or late in doing so. The impact of such delay or complete failure, affects the magnitude of the stroke which may be much greater with the consequent delay, when diagnosed, in providing the correct treatment.

Some of the Conditions that Might be Misdiagnosed

• Appendicitis
• Cancer
• Heart Diseases
• Meningitis
• Internal Trauma
• Acute Intermittent Porphyria
• Stroke
• Diabetes
• Cauda Equina Syndrome

What Can be Claimed For?

To make a claim, the plaintiff must prove to the court that because of the negligence of the medical professional, that the plaintiff suffered. The damages can include compensation for:

• Pain, suffering and disability
• Loss of income incurred while out of work and directly caused by the negligence of the medical professional/hospital
• Reduction in life expectancy
• Medical expenses, transport to medical appointments, and equipment purchased
• Future medical care

Establishing a Case for Medical Negligence

Firstly, if you or a loved one believe their medical care was below standard and they have suffered as a result, the first step in a legal context is to have the matter reviewed by the solicitor. Putting the facts in date order will assist with establishing what did happen, then what didn’t happy or should have happened with respect to a medical care context. To succeed in a medical negligence case the standard of care the person was entitled to expect must have been below par, and the medical care treatment in issue must have been the treatment or lack of treatment that led to the harm. The harm must have been a consequence of the breach of duty in essence.  

There is a two-year limitation period for taking such cases and there is a lot of work to be done before issuing proceedings. The clock starts from the date of the alleged negligent act.

Your solicitor will need to gather all the medical records, and this can be time consuming. Having gathered these, then you will need an expert witness to give their opinion on the medical treatment you received and for them to give evidence that in their opinion, it fell below the expected standard.  Your solicitor will also need to properly account for all your expenses so that these can be included in the claim.

Medical negligence cases take time, can be complex, and it may be a few years from the time of the negligent act to a day in court. Cases can be resolved vis a vis court obviously but also mediation can be very effective and cases can obviously be settled also.

We have a set of medical negligence FAQs which can be seen on our homepage.