Miami Stroke Misdiagnosis Lawyer: Sean M. Cleary

Types of Stroke Misdiagnosis Cases Handled by The Law Offices of Sean M. Cleary

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Why Stroke Misdiagnosis Happens in Emergency Rooms

Time is the most critical factor in stroke treatment, since every minute without appropriate intervention means more brain cells die. Strokes, however, don't always present with textbook symptoms, and many patients only show classic warning signs or display symptoms that resemble other conditions. This results in diagnostic errors that cause life-saving treatments, such as tPA (tissue plasminogen activator), to be delayed. Stroke symptoms are often misdiagnosed and considered less serious conditions, such as:

• Vertigo and Inner Ear Problems: Many emergency physicians attribute dizziness and balance issues to benign vestibular disorders without excluding stroke from the picture.
• Migraine Headaches: Doctors may dismiss visual disturbances and one-sided weakness as severe migraines without ordering the comprehensive testing needed to identify stroke.
• Blood Sugar Fluctuations: Confusion and slurred speech frequently get misattributed to diabetic episodes instead of being properly investigated as stroke warning signs.
• Post-Seizure Effects: Physicians often fail to order imaging tests that distinguish temporary weakness after seizures from stroke symptoms.
• Substance Intoxication: Medical staff may assume patients exhibiting slurred speech or disorientation are intoxicated, particularly when substance use history exists, resulting in critical treatment delays.

Both CT scans and MRIs are essential diagnostic tools for detecting both ischemic strokes (caused by blocked blood vessels) and hemorrhagic strokes (caused by bleeding in the brain). Physicians who fail to order these tests promptly, misinterpret results, or fail to follow up on inconclusive results, leading to a waste of valuable time in patients' treatment.

Legal Grounds for Stroke Misdiagnosis Claims in Florida

In medical malpractice cases, healthcare providers are liable when they provide substandard care to their patients. In Florida, stroke misdiagnosis claimants must prove four legal elements:

• Duty of Care: Establishing a doctor-patient relationship that makes the provider obligated to provide accepted medical care.
• Breach of Standard of Care: There was a deviation from accepted medical practices, such as failing to order necessary imaging tests or interpreting diagnostic results incorrectly.
• Causation: There is a clear connection between the misdiagnosis and your injuries, which could have prevented or reduced the harm you suffered if it had been detected timely and accurately.
• Damages: Actual losses resulted from a diagnostic failure, including medical bills, inability to work, permanent disability, or physical or emotional suffering.

Strokes, along with other vascular events, account for nearly 23% of medical malpractice claims. The statistics show how often these preventable errors happen in our state's hospitals.

Common Negligent Actions Leading to Stroke Misdiagnosis Damages Claims

A lawsuit for stroke misdiagnosis can be brought in Florida courts for a variety of medical negligence causes:

• Failure to Order Diagnostic Imaging
• Misinterpretation of Test Results
• Inadequate Patient History Review
• Failure to Consult Specialists
• Delayed Treatment Administration
• Failure to Recognize Stroke Symptoms

Types of Compensation Available for Stroke Misdiagnosis Under Florida Law

A Florida court may award punitive damages to punish a defendant and deter similar behavior in cases involving particularly egregious conduct. There are several types of damages that can be awarded for stroke misdiagnosis under Florida law:

• Economic Damages: Expenses incurred directly as a result of the misdiagnosis, including medical expenses, rehabilitation costs, lost wages, and reduced earning ability.
• Non-Economic Damages: There are intangible losses such as pain and suffering, mental distress, loss of enjoyment of life, disability, and disfigurement of spouses.
• Wrongful Death Damages: The Wrongful Death Act allows surviving members of the family to sue for losses such as loss of support, companionship, medical expenses, and pain and suffering.

Establishing Liability in Florida Stroke Misdiagnosis Cases

It is possible to sue multiple parties for negligence when a stroke patient suffers a misdiagnosis in Florida:

• Individual Healthcare Providers: Those who fail to meet the standard of care, such as physicians, radiologists, neurologists, and emergency room doctors, may be liable for their negligence.
• Hospital Liability: Under the doctrine of respondeat superior, a medical facility can be held vicariously liable for the negligent acts of its employees. Also, hospitals can be held liable for inadequate protocols, inadequate training, inadequate staffing, or inadequate credentialing.
• Corporate Negligence: A hospital may be liable for corporate negligence when its policies or procedures contribute to diagnostic errors, separate from individual providers.

Due to Florida's pure comparative negligence system, any percentage of your fault may reduce your compensation. Although you may be partially at fault, unlike some states, you can still recover damages.