A Guide To Stroke Misdiagnosis Claims
Are you looking for information on stroke misdiagnosis claims? If a medical professional failed to spot the signs and symptoms of a stroke or diagnosed it as something else, this guide discusses the compensation you could be owed after such errors.
Key Things To Remember For Stroke Misdiagnosis Claims
- You are entitled to receive medical care that meets certain professional standards. If those standards are not met and you suffer harm you wouldn’t have otherwise, it can be classed as medical negligence.
- Compensation can be awarded for the physical, psychological and financial harm created by a misdiagnosis.
- There is a standard three-year time limit in which to launch a medical negligence compensation claim, and you could qualify to start a claim on behalf of someone else.
- Evidence that proves negligence caused unnecessary and avoidable harm is the cornerstone of a claim, and it can be easier to gather together than you might think.
- With us, your claim could be made under a type of No Win No Fee agreement, which means you don’t have to worry about immediate or ongoing legal fees for a solicitor.
The sections below provide more details on these topics. However, if you would prefer to discuss stroke misdiagnosis claims in person, you can:
- Call us on 020 3870 4868
- Request a call-back by filling out this form
- Speak to an advisor 24/7 via live chat below.
Jump To A Section
- What Is A Stroke?
- Can I Make A Stroke Misdiagnosis Claim?
- How Can A Stroke Be Misdiagnosed?
- Can You Make Stroke Misdiagnosis Claims On Behalf Of Other People?
- How Much Compensation Could You Get For A Misdiagnosed Stroke?
- How Long Does It Take To Get Compensation For A Misdiagnosed Stroke?
- Proving Stroke Misdiagnosis Claims
- Will My Medical Negligence Claim Need To Go To Court?
- Can UK Law Help Me Claim Medical Negligence Compensation?
- Get More Information
What Is A Stroke?
According to the NHS, a stroke is defined as an interruption of the blood flow to a part of the brain. It can happen suddenly and affect people of any age group, although certain health factors can increase the likelihood of stroke in some people. It can impact the person’s ability to speak or coordinate movement and entail a prolonged recovery period. Sometimes, the impact of a stroke leaves the person permanently disabled or the attack can be life-threatening.
Symptoms Of A Stroke
There are some clearly established symptoms of someone having a stroke:
- Their face goes weak and may droop on one side.
- They may be unable to lift both arms and keep them there.
- Their speech may be slurred or confused, or they may be unable to speak.
The acronym ‘FAST – face, arms, speech and time’ is used as an emergency indicator of suspected stroke and prompt the treatment that can increase the person’s chance of survival. Stroke symptoms may be intermittent or over a period of time and can also include confusion, dizziness, severe headache and nausea. If you suspect a stroke, always call 999.
Can I Make A Stroke Misdiagnosis Claim?
You could claim for a stroke misdiagnosis if you meet certain criteria. Making a claim for harm caused by a misdiagnosed stroke starts by demonstrating the following:
- Healthcare providers had a specific duty of care to you as their patient.
- They fell short of the expected professional standards in this care delivery.
- As a result, you experienced avoidable and unnecessary harm (i.e. harm you wouldn’t have suffered if the correct diagnosis had been given).
These three points can define medical negligence. If you think your case meets them, get in touch to discuss if you have a valid compensation claim.
Is A Stoke Misdiagnosis Always A Form Of Medical Negligence?
Receiving a misdiagnosis may not always be medical negligence. It is important to note that not all instances of illness or harm are the fault of healthcare professionals, as conditions can deteriorate on their own accord. Furthermore, a stroke may not always present with easily recognisable symptoms. Also, not every claim for medical negligence leads to compensation, so for a more precise idea of the strength of your claim, speak to us first.
How Are Strokes Usually Diagnosed?
There are a number of ways to diagnose a stroke:
- A physical and neurological assessment where the professional checks blood pressure and heart rate. Facial or bodily weakness, slurred speech or confusion, lost co-ordination and involuntary eye movements are also looked for.
- CT Scans – A process that uses X-rays to create images of the brain and locate any signs of bleeding (haemorrhagic stroke) or brain tissue damage (ischemic stroke).
- MRI (Magnetic Resonance Imaging) looks for issues on and in the brain with magnetic fields and radio waves.
- CT Angiogram (CTA) uses technology to highlight blood vessels in the brain that might indicate blockages or aneurysms.
- Carotid Ultrasound is a process where sound waves are used to explore the carotid arteries in the neck and identify potential blockages or narrowing in those arteries.
- Blood tests can look at blood sugar levels and cholesterol, as well as other clotting factors vital to the correct diagnosis and treatment of stroke.
How Can A Stroke Be Misdiagnosed?
A few examples of how a stroke misdiagnosis could happen include:
- A GP failed to read patient notes correctly and recommend tests for a stroke.
- A paramedic failed to check high blood pressure or assess the emergency properly and overlooked a stroke happening.
- Healthcare providers neglected to diagnose a mini or ischaemic stroke properly in an elderly care home resident. They suffered a blood clot brain injury as a result.
- A stroke was misdiagnosed in error as a seizure, migraine, psychiatric disorder or other ‘stroke mimic’ condition by the healthcare provider. Further tests were not ordered when they should have been.
- The clinician was confused by the prevalence of other conditions (such as epilepsy) and simply didn’t look for stroke signs on a CAT scan or other diagnostic tool.
There can be other ways a stroke is misdiagnosed based on the medical professional’s lack of experience, their personal fatigue or excessive workload. Whatever the circumstances, if a stroke was missed and you suffered harm, you could be owed compensation.
The Impacts Of A Misdiagnosed Stroke
A misdiagnosed stroke can leave devastating health impacts on the person. If undetected, misdiagnosed, or treated as something else and not correctly addressed, the person can suffer significant future physical and mental suffering, along with mobility issues and loss of independence.
In addition to this, most strokes require a period of recovery and rehabilitation during which the person could suffer serious impacts on their income and ability to cope financially. This can represent a significant toll on the person and their family. Call if you are experiencing this.
Can You Make Stroke Misdiagnosis Claims On Behalf Of Other People?
Yes, in certain circumstances, stroke misdiagnosis claims can be made on behalf of another party. For example, those under the age of 18 cannot initiate a claim themselves until they turn 18, whereupon they are allocated 3 years to begin their claim. Also, those lacking mental capacity cannot claim themselves.
In both cases, a litigation friend can be appointed by the courts to start the claim for them. This is invariably a family member or other concerned adult who carries out the essential duties of the medical negligence claim on the person’s behalf.
Is There A Time Limit For Making A Stroke Misdiagnosis Claim?
Yes, there is a time limit in which to start a stroke misdiagnosis claim. According to the Limitation Act 1980, the standard time limit for making a medical negligence claim is 3 years from the date of harm. Or, as is often the case, the date when it is reasonable to assume the person realized that negligent care was the root cause of the harm they were suffering. This is known as the ‘date of knowledge’.
As we looked at in the previous section, there can be exceptions to the standard time limit so if you’re unsure, please connect with our advisors to discuss your case.
How Much Compensation Could You Get For A Misdiagnosed Stroke?
How much compensation you are awarded for a misdiagnosed stroke, or any successful medical negligence claim, depends on individual circumstances. The compensation you receive might be made up of two categories of loss referred to as general and special damages. General damages compensate you for the unnecessary and avoidable physical harm inflicted, as well as any psychiatric and mental health injuries. Those tasked with the calculation process will take into account:
- The severity of the harm experienced.
- The duration of harm.
- Your prognosis and expected recovery programme.
- The greater impact on the quality of your life (such as a new, permanent disability being created).
Below is a table made up of entries in a publication called the Judicial College Guidelines (JCG). This applies a value to injuries depending on severity. They are intended purely as guideline bracket suggestions as every claim differs. It’s advisable to seek professional advice for a more accurate idea of compensation. Also, our guide includes a top-line figure that is not from the JCG:
Compensation Guidelines
| TYPE OF HARM | SEVERITY | GUIDELINE BRACKETS | NOTES |
|---|---|---|---|
| Several types of harm and special damages. | Severe | Up to £1 million plus. | More than one type of severe harm with special damages for lost income, care provision and medical bills. |
| Brain damage | (a) Very Severe | £344,150 up to £493,000 | Examples where the person suffers a permanent and profound level of disability requiring constant professional care. |
| (b) Moderately Severe | £267,340 up to £344,150 | A serious disability requiring a substantial level of reliance on others for basic needs. | |
| (c) Moderate | £183,190 up to £267,340 | Lower level of dependence but vestibular symptoms and a degree of sensory impairment may be present. | |
| (d) Less Severe | £18,700 up to £52,550 | Despite issues similar to those above, the person makes a good level of recovery and return to normal life. | |
| Paralysis | Significant | £267,340 up to £346,890 | Cases where there is an increasing risk or prevalence of paralysis. |
| Epilepsy | (a) Established Grand Mal | £124,470 up to £183,190 | Cases where Grand Mal epilepsy is established. |
| (b) Established Petit Mal | £66,920 up to £160,360 | Petit Mal is established in the person. | |
| Psychological harm | (a) Severe | £66,920 up to £141,240 | The event triggers a severe psychological impact that affects all areas of the person's normal life. |
| (c) Moderate | £7,150 up to £23,270 | Cases where an overall improvement is seen by the point at which the case may need to be heard at trial. |
Alongside this, special damages reimburse you for the negative financial impacts of a stroke misdiagnosis. To have these amounts included, you will be required to put forward documented evidence of associated financial harm, such as:
- Proof of any private medical costs.
- Payslips or statements that show how you missed work and experienced a loss of earnings caused by medical negligence.
- Receipts for taxis and other travel to essential appointments.
- Quotes or receipts showing the cost of essential adaptations at home after acquiring a new disability.
- The cost of additional childcare arrangements.
With this in mind, it’s important to retain all paperwork that relates to your stroke misdiagnosis. These financial repercussions can be assessed and possibly included in the overall compensation amount owed to you. Our panel of solicitors are experts at using evidence to calculate general and special damages, so why not see if they could do the same for you?
How Could Stroke Misdiagnosis Compensation Help Me And My Family?
Seeking stroke misdiagnosis compensation could help you and your family in a number of ways. If the claim outcome is a success and you are awarded damages, the money could help with the following:
- You could pay for immediate, private health care.
- There is money for long-term health needs such as professional care and treatment for those severely harmed by stroke.
- The finance is in place for any essential changes that need to be made in the home to deal with permanent disability.
- The money is there to ease any other financial concerns, such as loss of earnings or inability to return to work.
If you’d like help to understand your legal options after a stroke misdiagnosis, start by discussing your case with our team or advisors. They could connect you to expert legal help.
How Long Does It Take To Get Compensation For A Misdiagnosed Stroke?
There is no set time for how long it takes to get compensation for a misdiagnosed stroke. This is due to the differences between claims.
However, certain factors can determine whether the claim is straightforward or not, such as:
- The severity of the harm experienced.
- Whether the opposing side is disputing liability for the harm.
- If the courts are waiting for expert witness statements.
- The anticipated treatment and recovery.
All these factors have a bearing on how quickly cases are settled and whether they need to be heard at trial. Therefore, facing the process could be much less stressful with a skilled solicitor from our panel by your side. Call the team to see how they could support you through the process.
Proving Stroke Misdiagnosis Claims
To give stroke misdiagnosis claims their best chance of success, the person has to assemble as much evidence as possible that proves medical negligence was the root cause of harm. With this in mind, the following is useful:
- Copies of your medical notes detailing the misdiagnosis and any incorrect treatment advised.
- A diary of important dates and treatments.
- The names of the medical professionals treating you.
- Any correspondence on the matter between you and the NHS Trust or private clinic.
- Photos of any visible manifestations of the harm.
- The packaging and prescriptions of any incorrect medication given off the misdiagnosis.
- Contact details of those who witnessed negligent care being performed on you. A solicitor can approach these people for a supporting statement after the claim has been initiated.
Feel free to call and discuss your evidence.
Will My Medical Negligence Claim Need To Go To Court?
In many cases, medical negligence claims can be settled without the need to go all the way to court. However, it is important to be prepared for the possibility. If they can accept the case, and you wish to use their services, a solicitor from our panel would be by your side throughout the entire process and attend to all the deadlines and requests the court may make. Appearing in court can feel daunting, so why not see how a solicitor could help? Call to learn more.
Can UK Law Help Me Claim Medical Negligence Compensation?
Yes, UK Law can certainly help eligible parties claim compensation for medical negligence. Although you are free to manage your stroke misdiagnosis claim yourself, you might prefer to access the support of a skilled medical negligence solicitor. If you have concerns about the costs of doing this, we offer a potential solution to eligible claimants.
Our panel of solicitors can take up cases under a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). This arrangement means a host of advantages to the person seeking compensation:
- There are no initial solicitor’s fees to begin work on the claim.
- No fees apply for work performed as the claim moves ahead.
- No solicitor’s fees apply for completed services if the claim fails.
- Stroke misdiagnosis claims that succeed require payment of a nominal percentage from the compensation as a success fee for the solicitors.
- This success fee is something you and your solicitor can agree upon prior to work commencing.
- Furthermore, the percentage deducted is subject to a legal limit. This ensures that you receive the majority of the compensation awarded to you.
Our panel of solicitors will take care of every step of the medical negligence claims process. They can calculate the most detailed and accurate amount of compensation owed to you. Also, they will support you in collecting vital evidence like witness statements whilst confidently meeting any and all court deadlines set out along the way. So, rather than face the stress and complexity of a misdiagnosed stroke claim alone, why not see if we can help?
Contact Us Today
Interested? Learn more about stroke misdiagnosis compensation claims and whether you could start yours with the help of a No Win No Fee medical negligence solicitor from our panel:
- Request a call-back by filling out this form
- Speak to an advisor 24/7 via live chat below.
- Call us on 020 3870 4868 to see if you can claim compensation for misdiagnosed stroke symptoms.
Get More Information
In addition to this guide about stroke misdiagnosis claims, you might find the following guides useful as well:
- Here is information on how to complain about hospital negligence.
- Also, calculating claims for traumatic brain injury is discussed here.
- In addition to this, advice after receiving negligent first aid.
External support:
- Here is more information on strokes and ‘FAST’ from the NHS.
- Information on applying for Statutory Sick Pay (SSP) from the government.
- Lastly, details on the General Medical Council (GMC) professional standards.
In conclusion, thank you for your interest in this guide about stroke misdiagnosis claims. If you have any further queries or concerns about stroke misdiagnosis claims made with a No Win No Fee solicitor from our panel, speak to the team now.
