Strokes are the leading cause of death in the United States. The CDC reports that every 40 seconds, someone in the United States has a stroke, and every 3 minutes and 11 seconds, someone dies of a stroke. When strokes are not adequately treated, the results for the patient can be devastating. At Bostwick & Peterson, our experienced California personal injury attorneys have successfully represented victims of medical malpractice, including stroke misdiagnosis, helping families secure compensation and justice for the harm they’ve endured. If you or a loved one went to a medical professional and were misdiagnosed and did not receive adequate treatment for a stroke, you may have grounds for a stroke misdiagnosis lawsuit.
Severity of Stroke Misdiagnosis
Commonly, doctors fail to properly diagnose patients who have suffered a stroke or other cardiac problems, as the symptoms of these ailments can vary greatly. Even so, a physician must know and recognize potential symptoms in patients. Data from the Northwestern University School of Engineering states that approximately 1 in 10 strokes are misdiagnosed. This gives cause for significant concern as failure to recognize acute stroke may result in worse outcomes due to missed opportunities for acute stroke therapies (National Library of Medicine). Misdiagnoses, delays in diagnoses, and erroneous diagnoses comprise the most common medical malpractice allegations. While malpractice can occur in various forms and actions, diagnostic errors occur at an alarming rate.
When a medical professional falls below the requisite standard of care by acting negligently, he or she may be held accountable for any resulting damages.
The Role of Your Medical Malpractice Attorney
Stroke misdiagnosis can have devastating consequences, and victims may be entitled to pursue a medical malpractice lawsuit if they can prove negligence. Working with an experienced attorney who can help you determine if you have proper cause for a medical malpractice claim is essential. To file a lawsuit, the following grounds must be met:
- Doctor-Patient Relationship: The plaintiff must establish that a doctor-patient relationship existed during the misdiagnosis. This creates a duty of care owed by the healthcare provider.
- Negligence in Diagnosis: The plaintiff must prove that the healthcare provider failed to meet the appropriate standard of care. This could include misreading tests, failing to order necessary diagnostic procedures or disregarding symptoms.
- Causation: It must be demonstrated that the misdiagnosis directly led to harm. For example, if a correct diagnosis would have prevented long-term damage, the failure to diagnose in time is crucial.
- Injury or Damage: The plaintiff must show that the misdiagnosis resulted in specific injuries or losses, such as physical disability, loss of income, or emotional suffering.
Compensation for Stroke Misdiagnosis Victims
Compensation in stroke misdiagnosis lawsuits is intended to address the physical, emotional, and financial impact of the negligence. Typical forms of compensation may include:
- Medical Expenses: Costs related to hospitalization, ongoing treatment, rehabilitation, and future medical care.
- Lost Wages: Compensation for missed work or lost earning potential if the misdiagnosis led to long-term disability.
- Pain and Suffering: Damages for the physical pain and emotional distress caused by the misdiagnosis and its aftermath.
- Loss of Quality of Life: Compensation for a diminished ability to enjoy life, participate in activities, or perform daily tasks.
- Wrongful Death: In cases where a stroke misdiagnosis leads to a loved one’s death, the family may be entitled to seek damages for loss of companionship, funeral expenses, and related costs.
Each case is unique, and an experienced attorney can help you determine the maximum compensation you may be entitled to to support your recovery and future well-being.
Stroke Negligence and California Statute of Limitations
In stroke misdiagnosis cases, negligence occurs when a healthcare provider fails to recognize or adequately treat stroke symptoms, leading to preventable harm. Stroke negligence may involve misinterpreting symptoms, delays in ordering critical tests like CT scans or MRIs, or failure to administer life-saving treatments such as clot-busting drugs.
In California, the statute of limitations for filing a medical malpractice lawsuit is typically three years from the date of injury or one year from the date the injury was discovered, whichever occurs first. However, if the misdiagnosis results in wrongful death, the statute of limitations is two years from the date of death. Given these strict timelines, it’s crucial to consult an experienced attorney as soon as possible to protect your right to file a claim.
Consult With Our Top California Medical Malpractice Attorneys Today
Stroke lawsuits are highly complex claims, and they demand the attention of experienced attorneys who have the resources to help victims fight back against providers and hospitals that are often unwilling to accept fault and liability. The California medical malpractice attorneys at Bostwick & Peterson for decades have gotten record-breaking case results for their clients, including $3.2 Million for a 40-year-old carpenter who suffered a stroke and hemiplegia after providers failed to diagnose hypercoagulability.
If you or a loved one has dealt with the terrible difficulties that come from a stroke misdiagnosis, contact our medical malpractice law firm today. Our expert attorneys are ready to support you on your path to justice.
