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The delay in diagnosis or treatment of a stroke can be considered medical malpractice if the healthcare provider fails to meet the accepted standard of care and causes harm to the patient. In spite of this, not every delay constitutes malpractice, only in cases where negligence directly contributed to the outcome.
There are a variety of ways in which healthcare providers can commit malpractice in stroke cases during critical diagnostic and treatment phases.
Any negligent delay can lead to permanent disabilities or death, as a stroke requires immediate intervention to minimize brain damage.
Stroke symptoms, which can vary widely from patient to patient, are frequently missed and misinterpreted in malpractice cases.
In the emergency room, symptoms may be dismissed as migraines, intoxication, or other less serious conditions without a proper diagnosis.
Often, diagnostic failures are caused by delays in ordering essential tests, such as CT scans or MRIs, or by misinterpreting images or failing to communicate findings promptly with treating physicians. As a result, strokes are not diagnosed and treated in a timely manner.
Treatment delays represent another major category of malpractice. Healthcare providers may fail to administer critical treatments like tissue plasminogen activator (tPA) within the necessary time window, typically within three to four and a half hours of symptom onset. Patients may be neglected by providers or not referred to specialists when an emergency procedure like thrombectomy is required.
You may have been a victim of stroke malpractice if your healthcare provider did any of the following:
In similar circumstances, it is essential to determine whether these actions fell below the standard of care expected of competent healthcare providers.
Most likely, proving the delay caused harm requires demonstrating that timely diagnosis and treatment would have prevented or minimized your current disabilities. This connection between the delay and worsened outcomes is often the most challenging aspect of stroke malpractice cases.
A competent healthcare provider must provide expert medical testimony to establish what should have been done and how earlier intervention could have changed your prognosis. Experts say every hour of delay increases brain damage and decreases recovery potential.
Legal standards typically require demonstrating that proper care would more likely than not have improved your outcome. In Florida, you must show that timely treatment would have prevented or reduced the severity of your current disabilities and complications.
A medical record documenting your symptoms, diagnostic tests, and treatments helps determine when you should have received proper medical care and how the delay affected you. Imaging studies of the brain can reveal the extent of damage that could have been prevented if timely treatment had been provided.
While dealing with stroke complications, you may feel overwhelmed trying to understand whether the care you received met medical standards. Stroke protocols and treatment timelines require specialized knowledge in these cases.
The Law Offices of Sean M. Cleary examines every aspect of your stroke care, from initial symptoms to treatment decisions. Our clients have recovered significant amounts in cases involving stroke misdiagnosis, delays in critical imaging that prevented timely treatment, and missed opportunities for life-saving interventions.
Our experienced medical malpractice attorney Sean M. Cleary and his team know how to build compelling cases proving the connection between healthcare provider negligence and your current health condition. To find out if your stroke treatment involved malpractice, contact us today for a free consultation.