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When someone suffers a cerebrovascular accident (CVA), also known as a stroke, every minute counts. Researchers have shown that treatment delays lead to worse patient outcomes, including higher mortality rates, disabilities, and decreased independence. If you or a loved one suffered preventable harm as a result of a medical team failing to treat a stroke on time, you may qualify for compensation.
Case Evaluation$8.95MIL
Delayed Stroke Diagnosis Caused Severe Brain Injury and Disability
Our client's stroke was not diagnosed in a timely manner and resulted in severe brain injury, including MCA, cerebral edema, and several other injuries. Due to the severity of the injuries, he had to undergo emergency cranial surgery, which left him with permanent disability, currently living in an assisted living facility.
$6.2MIL
Stroke Delayed Treatment
Clients were satisfied by Mr. Cleary's legal services.
Hospitals and healthcare professionals in Florida must meet accepted medical standards. Delays in stroke treatment can be caused by several factors, including:
All parties responsible, whether through individual or systemic failures, will be held accountable in the event of a delay in treatment. Delays in stroke treatment may be caused by multiple parties:
Florida courts recognize that while not every poor outcome constitutes malpractice, preventable delays that worsen patient conditions create liability. Medical experts compare your actual treatment timeline against established benchmarks and scientific evidence showing how treatment delays impact outcomes.
There are several categories of compensation available to patients who suffer preventable harm as a result of treatment delays under Florida law.
Based on Florida Stroke Registry data, 12% of stroke patients are readmitted within 30 days, and 3% have recurrent strokes. While readmission does not directly indicate delayed treatment, it does reflect gaps or inefficiencies in acute stroke care.
The American Heart Association and American Stroke Association set clear benchmarks for stroke care through the "Golden Hour" principle, which requires IV thrombolysis within 60 minutes after hospital arrival, ideally 45 minutes later. Despite Florida's State Health Improvement Plan's aim to achieve 85% compliance by 2026, only 79% of patients received timely treatment in 2023.
Geographic disparities contribute to the problem. South Florida achieves approximately 50% compliance within 60 minutes and 23% within 45 minutes, while West Central Florida manages only 28% and 11% respectively. Florida EMS only meets benchmarks in 58-62% of cases because of pre-hospital delays. Your outcome directly depends on where you receive emergency care in Florida.
Stroke treatment is a race against time. A study shows that patients with door-to-needle times greater than 45 minutes have a significantly higher one-year mortality rate than those treated more quickly (35.0% versus 30.8%). Research demonstrates that every 15-minute delay in administering tPA (tissue plasminogen activator) increases the risk of death or hospital readmission. One study found that for each hour of delay after hospital arrival, stroke patients lose nearly one full year of healthy life.
For patients with severe strokes, a mere 10-minute treatment delay can cost eight weeks of healthy living. These aren't abstract numbers. These are real people whose brains have been permanently damaged, who have lost the ability to function normally, or who are permanently disabled.
Stroke treatment delay malpractice cases require sophisticated legal and medical analysis. We work with stroke specialists, neurologists, and emergency medicine experts to determine how treatment delays impacted your outcome.
Do not settle with insurance companies or sign releases before consulting with an experienced medical malpractice attorney. Often, these entities prioritize their financial interests over long-term care needs and permanent disabilities in their settlements.
To protect your rights, contact the Law Offices of Sean M. Cleary immediately.
