A stroke is one of the most serious medical emergencies a person can have. Quick and accurate treatment of a stroke can mean the difference between a full recovery and permanent disability, or even death. Unfortunately, strokes can be misdiagnosed, treated incorrectly, or even exacerbated by medical negligence, leaving patients and their families in devastation.
In cases where strokes are caused or not treated or made worse by healthcare providers, filing a stroke lawsuit with a medical malpractice lawyer may provide a path to justice and financial recovery. This guide explains how negligence can lead to stroke-related injuries, and what’s involved in pursuing a claim.
Have you or a loved one experienced a stroke or related harm while in the care of a doctor or healthcare organization? If so, you may be entitled to serious compensation. At Stalwart Law, we believe in holding negligent parties accountable and fighting to protect families from malpractice. We encourage you to reach out today to learn if you have a valid claim.
What Is a Stroke?
A stroke is a type of brain injury caused by an interruption of blood flow to the brain. The duration of a stroke depends entirely on the severity of the condition, the area of the brain affected, and the quickness of medical intervention. Without oxygen-rich blood, brain cells begin to die within minutes, making timely treatment essential.
There are several types of strokes:
- Ischemic Stroke: Caused by a blood clot that blocks a vessel supplying blood to the brain.
- Hemorrhagic Stroke: Caused by a ruptured blood vessel, leading to bleeding in or around the brain.
- Transient Ischemic Attack (TIA): Often called a “mini-stroke,” this is a temporary blockage that usually lasts only a few minutes, but serves as a serious warning sign that a more serious episode may be coming in the future, and medical attention is necessary.
Each of these conditions should be treated as an urgent medical emergency. A prolonged lack of blood flow to the brain can lead to permanent brain damage and alter the victim’s life, as well as their family’s. In the most severe cases, strokes that are not treated properly and quickly will result in death, making timely medical intervention of the utmost importance.
Can a Stroke Be Misdiagnosed?
Yes. Because stroke symptoms mimic other conditions, such as migraines, vertigo, or intoxication, they are sometimes misdiagnosed as such by doctors and nurses. If a healthcare provider fails to order proper imaging, perform adequate testing, or recognize certain “red flag” stroke symptoms, the patient may miss the critical window for treatment.
Medical Malpractice and Strokes: When is Negligence to Blame?
Medical malpractice occurs when a healthcare professional’s actions or omissions fall outside the standard of care, and ultimately cause harm to a patient. In the context of a stroke, this means that a doctor, nurse, or hospital caused the stroke to happen, made the condition worse, or failed to recognize and treat the stroke at all.
Here are some specific examples of how medical negligence looks in the context of a stroke:
- Misdiagnosis or Delayed Diagnosis: This includes failing to recognize symptoms such as sudden weakness, slurred speech, or facial drooping as signs of a stroke. As mentioned, misdiagnosis is perhaps the most common form of malpractice in stroke lawsuits.
- Failure to Order Tests: Not ordering CT scans, MRIs, or other imaging to confirm a stroke (such as angiography or ultrasound).
- Failure to Administer Treatment: Not giving drugs like tPA (when appropriate) within the necessary timeframe to dissolve blood clots and restore blood flow to the brain.
- Inadequate Monitoring: Ignoring patient complaints, failing to check vital signs that could point to a stroke, or misinterpreting medical readings.
- Failure to Prevent a Stroke: Not managing known risk factors such as hypertension, atrial fibrillation, or blood clots in high-risk patients who are under hospital care (such as during surgery).
In reality, there are an infinite number of specific situations that could give rise to a stroke lawsuit based on medical negligence. Each case is a highly detailed matter that requires a careful approach from a medical malpractice lawyer with specialized medical-legal knowledge.
Stroke Malpractice Settlements
If a healthcare provider is proven to be at fault for a patient’s stroke, victims and their families may be awarded significant compensation for their damages. Medical malpractice settlements are greatly varied, but the general range for a stroke lawsuit of serious consequence is anywhere from a few hundred thousand dollars to well over one million dollars, sometimes reaching the 8-figure range.
Regardless of the specific settlement amount, stroke malpractice settlements typically cover:
- Medical Expenses: Hospital stays, rehabilitation, and long-term care.
- Lost Wages & Earning Capacity: Income lost due to missed work, career changes due to disability, and the inability to return to work after the injury.
- Pain and Suffering: Compensation for the physical and emotional distress associated with the stroke and related traumatic experience.
- Loss of Consortium: Damages for how the injury impacts family relationships, such as loss of companionship, guidance, etc.
- Wrongful Death Damages: If a stroke ends in death, and medical negligence is at play, surviving family members may pursue additional claims.
How a Lawyer Can Help
If you believe that you or someone you love is the victim of negligence related to a recent stroke, hiring a medical malpractice lawyer or stroke attorney can massively improve your chances of physical and financial recovery. Stroke malpractice cases are complex, requiring the medical expertise and legal skill of a strong lawyer with relevant experience.
As medical malpractice cases are notoriously challenging, and the burden of proof lies on the plaintiff, the job of a stroke malpractice lawyer is to negotiate a fair settlement for your family and prove that malpractice occurred in a court of law. Proving that negligence led to the stroke and its consequences involves specific steps.
To succeed in a stroke malpractice lawsuit, you must show that:
- The healthcare provider owed you/your loved one a duty of care.
- That duty was breached (through misdiagnosis, delay, inadequate treatment, etc).
- The breach directly caused tangible harm, such as brain damage, paralysis, or death, as an outcome of the stroke.
- The patient suffered damages, such as medical bills, lost income, and pain and suffering, as a result.
The right lawyer will have plenty of experience navigating these elements of negligence in a medical context. They may also employ expert medical testimony from a trusted source to demonstrate what a competent doctor should have done differently.
Call Stalwart For Your Stroke Lawsuit Today
Strokes are startling, life-changing events that often take families by surprise. But when the negligence of healthcare professionals is to blame, you deserve to be compensated for your suffering, and are entitled to strong legal representation in pursuit of justice.
As lawyers who are dedicated to fighting medical malpractice in California, we treat every case with the utmost diligence and respect. In the fight to win compensation for you and your family, Stalwart Law will help your family by investigating your medical records, identifying where negligence occurred, calculating the full extent of your damages, negotiating with insurance companies, and taking your case to trial if it means securing a rightful outcome for your losses.
With the right legal representation, victims and families can hold negligent providers accountable and secure the resources needed for long-term recovery. Don’t wait until it’s too late. If you or someone you love has experienced a stroke due to medical negligence, a stroke lawsuit may be the answer to the hardship you’re facing. To begin the road to recovery and set a precedent against stroke-related malpractice, reach out to Stalwart Law today
