Miami Stroke CT Scan Error Lawyer: Sean M. Cleary

Cases of Stroke Errors that Led to Medical Malpractice

Common CT Scan Errors in Florida Stroke Cases

CT scans should be ordered by emergency physicians as soon as stroke symptoms are recognized. In the Florida Stroke Registry, between 2010 and 2018, only 56% of acute ischemic stroke patients got to undergo CT within 25 minutes. Despite improvements from 36% in 2010 to 72% in 2018, nearly three out of ten stroke patients still experience excessive delays in receiving initial imaging. Several types of negligence contribute to CT scan failures in stroke diagnosis:

• Delayed CT ordering
• Failure to order CT scans
• Misinterpretation of results
• Radiologist delays
• Over-reliance on negative CT
• Inexperienced readers

Legal Framework for CT Scan Error Claims

If healthcare providers fail to provide competent care in stroke cases, they may be liable for medical malpractice under Florida law. The following elements must be proven in order for liability to be established:

• Standard of Care Violations: When a stroke is suspected, medical professionals should order CT scans promptly, interpret results accurately, and recognize the limitations of CT imaging. A failure to comply with these professional standards constitutes negligence.
• Causation: You must prove that your worsened outcome was directly caused by the CT scan error. The goal is to demonstrate that timely diagnosis and treatment could have prevented additional brain damage if proper imaging and interpretation had been used.
• Damages: Detailed documentation of the actual harm caused by the delayed or missed diagnosis, including medical expenses, disability, lost income, and diminished quality of life.

Several parties may be liable for CT scan errors under Florida law. A medical professional who fails to order a scan or misinterprets the results of a scan in the emergency department may be liable. Radiologists can be held liable for failing to read imaging studies or for failing to report findings on time. Hospitals can be held responsible for imaging failures due to inadequate protocols, inadequate staffing, or inadequate training.

How CT Scan Errors Lead to Stroke Misdiagnosis

Whenever patients with stroke symptoms present to emergency departments, CT scans should be performed as soon as possible to identify brain abnormalities and determine the type of stroke. Non-contrast CT scans can distinguish ischemic strokes caused by blocked blood vessels from hemorrhagic strokes caused by bleeding in the brain, which differ significantly in treatment protocols.

CT scans have some limitations when it comes to detecting acute ischemic stroke. Studies show that non-contrast CT may detect as few as 26% of acute ischemic strokes, while diffusion-weighted MRI identifies around 80–90%, depending on timing and lesion characteristics. An early ischemic event, especially during the first hours following the ischemic event, can be difficult to detect on CT imaging, such as lacunar infarction, posterior circulation stroke, and ischemic stroke.

Diagnostic errors are possible due to these technical limitations. CT results that appear normal can falsely reassure emergency physicians, leading them to overlook the need for additional imaging or specialist consultations. There are 8% of cerebral ischemic events accompanied by discrepancies in CT findings, and 1.7% of these discrepancies are clinically relevant. Stroke victims who are told nothing life-threatening is occurring and sent home without treatment can suffer major brain damage as a result of their stroke.

Compensation Available in CT Scan Error Cases

Several categories of damages may be available under Florida law when negligence leads to preventable stroke complications caused by CT scans:

• Medical costs
• Lost wages and reduced earning capacity
• Disability damages
• Pain and suffering
• Wrongful death

In courts, imaging delays have been recognized as having severe consequences. A patient in Florida allegedly waited over six hours for a stat CT scan to be read after a suspected stroke, resulting in permanent brain damage and litigation.