Undiagnosed Strokes Can Lead to Malpractice Suits

In the United States, it is estimated that strokes are the third leading cause of death in adults.  Therefore, it is crucial that strokes are correctly diagnosed and treated.  A failure to diagnose a stroke can lead to devastating injury or death and therefore, a medical malpractice case.

What is a Stroke?

A stroke occurs where blood clots block the arteries or breaks blood vessels which interrupt the blood flow to the brain.  As a result, brain cells die, which causes brain damage to occur.

Failure to Diagnose a Stroke

A failure to diagnose a stroke can lead to a medical malpractice lawsuit.  Failure to diagnose a stroke can include a delay in the diagnosis or the misdiagnosis of a medical condition which can prevent the patient from obtaining proper treatment.  Such treatment could critically reduce the effect of the stroke upon the patient and the outcome of the stroke on the patient’s life.

Prerequisites to Lawsuits

It is important to recognize that some jurisdictions require certain prerequisites to the filing of a medical malpractice claim.  Frequently, a medical professional certification that the injury was due to negligence or a departure from the standard of medical care is necessary in order to assert a medical malpractice lawsuit.  If one fails to provide this certification, one is automatically unable to assert a medical malpractice case.

Types of Damages in a Malpractice Suit

In the event that a physician is found liable in a medical malpractice case based upon a failure to diagnose a stroke, the patient or patient’s representative may be able to obtain a wide range of damages, depending upon the particular laws of the jurisdiction and the circumstances of the case.  These can include any of the following:

• compensatory damages (to compensate the victim)
• punitive damages (to punish and deter the wrongdoer)
• pain and suffering
• loss of enjoyment of life
• loss of future income
• loss of employment
• medical bills

How an Attorney Can Help

Medical malpractice cases are complex.  Therefore, one should retain the services of an experienced medical malpractice attorney who has handled the misdiagnosis of stroke cases in the past.  An experienced attorney can review the case and the circumstances affiliated with the matter in order to determine whether one is entitled to compensation for the injury caused by the failure to diagnose the stroke.  In the event that one has a sustainable lawsuit, an experienced attorney will have the expertise and resources to fight for one’s rights and recovery.