The consequences of delayed or inadequate medical care for stroke patients can be devastating and permanent. Which is why diagnosing these cases in a timely manner is of utmost importance, and in cases where medical standards are not met, the failure may constitute medical negligence, giving rise to liability for the healthcare providers.
When medical errors occur during critical treatment windows, recovery can turn into an intractable disability that requires assisted living care for the rest of one's life.
Medical negligence can have a profound effect on a family's future when legal rights are not understood and protected.
How Medical Errors Force Stroke Victims into Assisted Living
Stroke care operates on an urgent timeline where every untreated minute of large vessel ischemic stroke damages about 1.9 million neurons. Patients suffer irreversible brain damage when healthcare providers fail to meet established standards of care. Failure to transfer patients for emergency thrombectomy procedures is a critical error, as are delayed or absent imaging, and missed treatment windows for IV thrombolysis.
A stroke patient should undergo imaging and treatment quickly, including IV thrombolysis within 4.5 hours and mechanical thrombectomy between 16-24 hours in some cases, according to US stroke guidelines. Hospitals are measured on door-to-needle times of 60 minutes or less for IV thrombolysis.
Malignant middle cerebral artery infarcts can result from these errors, causing severe hemiplegia, aphasia, cognitive deficits, and neurogenic bladder dysfunction. After a stroke, bladder complications significantly increase the need for institutional care, with the annual median cost of assisted living reaching $70,800 in 2024 for families.
Medical Standards and Legal Negligence in Stroke Care
The treatment of stroke patients requires specific protocols to be followed by healthcare providers. To rule out hemorrhage, a non-contrast head CT should be performed immediately, followed by vascular imaging to identify large vessel occlusion.
There are several types of breaches, including slow or absent imaging when stroke is suspected, missing critical treatment windows, and failing to transfer patients to centers that can perform thrombectomy. Families need to know when a delayed diagnosis constitutes medical malpractice when evaluating whether substandard care contributed to their loved ones' disability.
Time-dependent stroke outcomes provide powerful evidence of causation when appropriate protocols are not followed. In many cases, multiple liable parties are involved, such as emergency physicians, neurologists, radiologists, hospitals, and care providers.
Compensation Available for Stroke Victims
There is a possibility of substantial compensation available for stroke malpractice victims who suffer lifelong disabilities. Compensation is generally determined by the severity of the damage, the level of care needed, and the projected cost of managing the disability.
Economic damages include medical expenses, hospital stays, surgeries, rehabilitation expenses, assistive devices, and ongoing assisted living costs. It is also possible to receive compensation for lost wages, diminished earning capacity, modifications to the home, and the cost of specialized equipment. Many families believe Medicare covers assisted living, but most services must be paid for out-of-pocket until you qualify for Medicaid.
In addition to economic damages, non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life. When brain injuries fundamentally alter relationships, family members may also recover compensation for loss of consortium. It may be possible to award punitive damages in cases involving gross negligence as punishment for egregious conduct and as a deterrent against similar behavior in the future.
Protecting Your Rights After Stroke-Related Medical Errors
To preserve your legal rights, you must act quickly if you suspect medical errors caused your loved one's stroke disability and need for assisted living.
We at The Law Offices of Sean M. Cleary are familiar with stroke malpractice's devastating effects and have successfully obtained multi-million dollar settlements for similar families.
We investigate complex medical records and work with leading neurological experts to build compelling cases.
Don't let medical negligence ruin your family's financial future. The Law Offices of Sean M. Cleary offers free consultations for victims of medical malpractice. We provide the skilled representation you need to obtain the compensation you deserve.