A stroke occurs when a blood clot blocks an artery or bleeding occurs inside the brain, interrupting the blood supply to a part of the brain. This medical emergency causes neurological deficits because brain cells die rapidly, resulting in paralysis, speech impairment, cognitive impairment, and loss of bodily functions. Symptoms include sudden severe headaches, confusion, numbness or paralysis on one side, blurred vision, and difficulty speaking.
Every minute of delayed treatment allows progressive brain damage to occur as brain tissue remains deprived of oxygen and nutrients. Early intervention, particularly administering clot-dissolving drugs like tPA within hours of ischemic stroke onset, is critical to minimizing brain damage. Those with delayed diagnosis are at a higher risk of permanent disabilities, such as hemiplegia, cognitive deficits, difficulty swallowing, and neurogenic bladder problems.
Strokes in the middle cerebral artery can result in dangerous swelling known as malignant infarction, which can cause severe disabilities or even death in some cases. A delay in treatment can often transform a recoverable condition into a chronic disability requiring long-term care in an institution or assisted living facility.
Common Causes of Delayed Stroke Diagnosis
Failures to meet the standard of care can cause healthcare providers to delay stroke diagnosis. A misdiagnosis or delayed ordering of urgent brain imaging can lead to patients losing precious treatment time. Medical professionals may mistakenly attribute neurological symptoms to less serious conditions such as intoxication or migraines.
Delays in recognizing deteriorating neurological status can be caused by breakdowns in communication among healthcare providers, particularly during shift changes. CT scan errors or delays in obtaining critical studies, for example, can have catastrophic clinical and legal consequences. Another common cause of failure to meet standards of care is the slow administration or complete failure to administer clot-busting treatments within the therapeutic window.
It is common for diagnostic failures to occur despite clear clinical guidelines emphasizing the importance of rapid diagnosis and treatment. Healthcare providers should suspect strokes in patients with relevant neurological symptoms.
Legal Consequences of Delayed Stroke Diagnosis
Delayed stroke diagnosis represents one of the most common and dangerous forms of medical misdiagnosis, frequently forming the basis for medical malpractice claims. Determining whether a delayed diagnosis or treatment of a stroke can be considered malpractice depends on whether healthcare providers met established standards of care.
Courts recognize that prompt recognition and treatment significantly impact stroke prognosis, making delays particularly damaging from both medical and legal perspectives. Stroke malpractice lawsuits are consistently related to failures to provide timely tPA administration, misdiagnoses in the emergency room, and imaging delays.
Victims who suffer permanent brain injury from delayed stroke diagnosis may pursue comprehensive compensation covering multiple categories of damages. There are many costs associated with medical treatment, including emergency care, surgical procedures, rehabilitation, and follow-up care. Also included in economic damages are lost wages and diminished earning capacity.
Non-economic damages address the profound impact on quality of life, including pain and suffering, lost independence, and fundamental changes in family relationships. The costs of assisted living, home modifications, and specialized equipment are additional damages that can be recovered due to preventable strokes.
The Law Offices of Sean M. Cleary Can Help Evaluate Your Case
The failure to diagnose strokes within critical periods of time can cause irreversible damage to the brain. An in-depth examination of medical records, imaging studies, and stroke treatment protocols is necessary in these cases. When healthcare systems fail to provide the level of care that is expected, The Law Offices of Sean M. Cleary challenge them with resources and expertise.
Our firm has successfully handled stroke malpractice cases involving emergency rooms, radiologists, and treatment delays in Florida's major medical centers. With the help of respected neurological experts, we will prove that delayed care results in devastating outcomes. Let The Law Offices of Sean M. Cleary help you get the justice you deserve.