Stroke Misdiagnosis Compensation Claims

A stroke misdiagnosis happens when a medical professional fails to correctly identify a person’s symptoms, gives them another diagnosis, and ignores or underestimates the severity of those symptoms.

It can lead to devastating effects and lifelong difficulties. In some cases, a stroke misdiagnosis can be fatal. In the UK alone, 38,000 people die of a stroke each year (NICE). Research published by the BMJ also reveals that up to 14% of patients with acute ischaemic stroke symptoms are misdiagnosed.

As you can see, stroke misdiagnoses can – and do – happen. Making a stroke misdiagnosis claim is the best way to receive financial support and ensure medical negligence doesn’t happen to other patients.

The step in making a stroke misdiagnosis claim is to assess your eligibility. Medical professionals have a duty of care to patients; breaching these responsibilities counts as negligence. But, there are some cases where you might be unable to claim compensation for yourself or a loved one.

For example, if you notice stroke symptoms but fail to seek medical advice until they worsen, the doctor cannot be held responsible for any lasting complications or disabilities.

You can determine whether you’re eligible to make a stroke negligence claim by using the online form or phoning 0800 234 6438 for free initial advice. A trained legal specialist will ask about the stroke and explain the next steps if they feel you could receive compensation.

There’s no set amount for stroke negligence claims, as each case is different. While some patients might make full recoveries, others are left with permanent disabilities, which means they’ll require more financial support.

All compensation claims have two components:

• General Damages: Your solicitor will calculate your general damages based on the injury itself and your loss of amenity.
• Special Damages: You can also claim compensation for any financial losses caused by the stroke. For example, if you’re unable to work, need private medical care, or have to pay for taxis, the solicitor will factor these expenses into your claim.

While a compensation calculator can offer a general idea of what you could receive, a solicitor who specialises in medical negligence claims will assess the circumstances of your stroke and its long-term effects to generate a realistic amount.

You’ll need to file your compensation claim within three years of the initial misdiagnosis of a stroke or when the medical professional’s error comes to light.

As stroke misdiagnosis claims can take time to settle, it’s always a good idea to begin your claim immediately, as it gives your solicitor the opportunity to negotiate a settlement and ensure you receive a fair settlement.

Individuals with permanent cognitive disabilities can have someone claim on their behalf or might be able to file a claim at a later date if they regain mental capacity.

While incredibly rare, children can experience strokes too (approximately 400 yearly), and medical professionals have a hard time spotting the signs. A child has up to three years after turning 18 to make a stroke negligence claim.

Once the legal advisor assesses your case, they’ll let you know whether you’re eligible for compensation and connect you with a no win no fee stroke misdiagnosis lawyer.

Opting for the traditional legal route means you’ll need to find a solicitor and pay an hourly fee – even though there’s no guarantee that your claim will be successful.

A conditional fee agreement comes with no financial risk, as the solicitor doesn’t receive any money unless they successfully win your case. You won’t need to worry about being out of pocket; it also gives you peace of mind going into the process.

Nobody will take on a case that will be unsuccessful, so if a no win no fee solicitor is willing to work on your claim, it means there’s a good chance of compensation.

Your claim will only be successful if your solicitor can provide proof of negligent treatment. Specialist stroke solicitors will work on your behalf to collect evidence, but it’s also beneficial if you gather supporting documents and witness testimonies.

The most important forms of evidence include:

Your medical records will contain vital details about your stroke misdiagnosis, including when you first sought treatment, how the symptoms were assessed and whether they were treated promptly. They’ll detail any negligence and help your solicitor strengthen your claim.

Any witnesses to your treatment can provide vital details, including how the medical professionals assessed the symptoms and whether they provided treatment. Witnesses will also detail the difficulties you face performing daily activities and working, ensuring you receive compensation.

It’s essential to keep detailed records of any expenses associated with your injury, as the solicitor can claim them back as special damages. The typical financial burdens after a stroke misdiagnosis include lost earnings, private care, travel expenses and home adaptations.

Both your solicitor and the negligent party might ask you to attend an independent medical assessment to evaluate your injuries. These assessments are beneficial because an expert can speed the claim by proving that your post-stroke complications have an ongoing effect on your life.

There are three main types of stroke to be aware of, with each causing unique symptoms and potential long-term complications:

• Ischaemic Stroke: These strokes are the most common, accounting for around 85% of all cases in the UK. They occur when the brain doesn’t receive enough blood, which is usually due to a blood clot in the brain or artery.
• Haemorrhagic Stroke: Also known as brain haemorrhages, these strokes cause bleeding on the outside of the brain or in the brain. Most cases are due to burst blood vessels and arteries, but some people might experience a stroke if a brain aneurysm ruptures.
• Transient Ischaemic Attack (TIA): Mini strokes are less severe versions of ischaemic strokes and happen when a blood clot temporarily blocks the brain’s supply. While they often pass and the individual recovers, these attacks are warning signs that should never be ignored. They often turn into more severe strokes without treatment.

It’s important to remember that any form of stroke can be serious and lead to long-term disabilities.

Strokes require immediate treatment and a rapid identification of symptoms. Specialists developed the FAST method to help people notice the main symptoms of a stroke, including:

• Face: The face droops to one side. This symptom can be subtle, so asking the patient to smile is vital.
• Arms: If the person cannot move both arms or one of them drops down, it’s a sign they’re having a stroke.
• Speech: Slurred speech, unclear words, or difficulties speaking in general are also signs of a stroke.
• Time: Even if the symptoms pass immediately (as with a mini-stroke), seeking immediate medical attention is essential.

While these are the main symptoms, you should also watch for the following stroke signs:

1. Numbness or weakness
2. Difficulty or inability to move one side of the body
3. Severe headache
4. Dizziness
5. Confusion and memory loss

GPs and hospitals receive training to identify strokes and take immediate action. The ROSIER tool enables healthcare professionals to assess patients’ symptoms and determine whether they’re experiencing a stroke.

There are multiple ways to diagnose a stroke, including physical examinations, MRI and CT scans, heart tests, lumber punctures, and blood tests.

Doctors should perform a full assessment and correctly identify signs of a stroke, but errors can occur. Potential reasons for a misdiagnosis include:

• Subtle Symptoms: Patients with slight dizziness, high blood pressure and a headache don’t show overt symptoms, leading to an undiagnosed stroke.
• Rushed Assessments: We all know that A&E departments are hectic places, and some patients slip through the net.
• Wrong Diagnosis: Strokes can mimic the symptoms of other conditions, including seizures and even a migraine.
• Not Ordering Tests: If a doctor suspects a stroke, they should order tests immediately. Failing to do this could worsen the condition.
• Incorrect Treatments: Administering the wrong treatment and medications due to a stroke misdiagnosis.

Unfortunately, the effects of a misdiagnosed stroke can span from minor complications to lasting disabilities and a loss of capacity. Here’s what might happen when a person doesn’t receive stroke treatment:

• Speech Problems: Some people might develop speech problems, including slurred words and an inability to say certain words. Speech therapy can help, but it often requires intensive, long-term support.
• Brain Injuries: A post-stroke brain injury can range from minor difficulties to a severe disability where the individual can’t perform daily tasks and is unresponsive. Some people might require long-term care and 24/7 nursing support.
• Mobility Issues: Strokes can also impact your ability to move one side of the body. Some people might suffer from minor mobility problems, while others are completely paralysed on one side of the body.
• Long-Term Symptoms: A misdiagnosis of a stroke can also cause long-term symptoms, including embolisms, UTIs (urinary tract infections), and pneumonia. Chronic pain, memory issues and weakness can also cause ongoing problems after a stroke occurs.
• Death: In severe cases, a missed or late stroke diagnosis can lead to death.

When most people experience stroke symptoms, they go to their GP or local A&E department – both of which are managed by the NHS. So, if your solicitor can prove NHS negligence, the resolution service will pay your stroke compensation.

Hospitals pay into NHS Resolution, so you don’t need to worry about claiming compensation if a medical professional acted wrongfully. The trust is there to support patients, and you have every right to make a stroke medical negligence claim.