Stroke Misdiagnosis Claims

If a stroke is not diagnosed and treated quickly, the likelihood of brain damage and long-term disabilities increases considerably, and so does the risk of death. When this happens due to medical negligence, it could entitle you to make a misdiagnosed stroke compensation claim.

To find out if you have a valid claim, contact our team of experienced medical negligence solicitors today by calling 0800 470 0474 for a free case assessment. You can also use our online claim form to request a call back.

This service is provided without any obligation to proceed and is an excellent opportunity to receive free legal advice and ask any questions you may have.

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By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

• Am I eligible to make a stroke misdiagnosis claim?
• How do I make a stroke misdiagnosis compensation claim?
• What evidence do I need to prove my claim?
• What is a stroke?
• How is a stroke diagnosed and treated?
• Stroke rehabilitation
• What is a stroke misdiagnosis?
• What could happen if a stroke is misdiagnosed?
• Could I make a stroke claim on behalf of a loved one?
• Time limits to start a medical negligence claim
• How much compensation could I claim for stroke misdiagnosis?
• Can I make a no win no fee stroke misdiagnosis claim?

Am I eligible to make a stroke misdiagnosis claim?

Strokes are one of the leading causes of death in the world. In the UK, around 100,000 strokes occur every year, and there are 1.3 million stroke survivors.

Delays in diagnosing a stroke or complete failure to recognise its symptoms can lead to severe brain damage and irreversible health conditions. In some cases, such diagnosis delays can even prove to be fatal.

Medical professionals have a duty of care to provide effective and reliable assessment and treatment to patients. Breaches of this duty of care can amount to clinical negligence.

If you have suffered a stroke and did not receive an acceptable level of care, were misdiagnosed or improperly treated, you may be eligible to make a claim for compensation.

A free consultation with a personal injury solicitor is the easiest way to find out if you can claim compensation for stroke-related negligence. They will be able to verify if you meet the eligibility criteria, which are:

• A medical professional owed you a duty of care;
• A breach of this duty occurred;
• You suffered avoidable harm as a result;
• You are within the claim limitation period (usually 3 years).

How do I make a stroke misdiagnosis compensation claim?

The claims process for the misdiagnosis of a stroke follows several steps. The first step is contacting an expert medical negligence solicitor. They will offer you a free case assessment to determine if you have a valid claim.

If you can proceed, your solicitor will help you collect the necessary evidence to support your claim. The types of proof you can use will be detailed in the section below.

Once they have all the relevant information, your solicitor will send a letter of claim to the defendant. This will outline the negligence, the harm suffered and the amount of compensation you are claiming. They will have three months to investigate and send you a letter of response.

If the defendant accepts liability, you can begin to negotiate a settlement. If they deny responsibility, your lawyer may issue court proceedings.

If you go to trial, both sides will present evidence, and a judge will make a decision. However, this is rarely the case, as more than 96% of all personal injury claims are settled through negotiations without court involvement.

If you win your claim, you will receive your compensation, typically within four weeks of reaching a settlement agreement.

What evidence do I need to prove my claim?

To support a stroke misdiagnosis compensation claim, you need strong evidence to prove that medical negligence occurred and that it caused harm. This could include evidence such as:

• Records from the hospital or doctor showing the symptoms you reported and how they were assessed;
• Results from tests such as CT scans or MRIs can prove that a stroke was present but missed;
• Referral or discharge notes can prove you were sent home without further tests but later diagnosed with a stroke;
• Reports from medical specialists who can attest to whether a competent doctor would have diagnosed the stroke correctly under the same circumstances;
• Medical records that show the type and severity of the harm you suffered due to the misdiagnosis;
• Your testimony about how your symptoms progressed, how long it took to receive proper treatment and how the undiagnosed stroke has affected your life;
• Statements from friends, family or others who noticed your condition and saw the negligence;
• Photographs or videos that show the consequences of the misdiagnosis;
• You also need proof of financial losses and expenses incurred as a result, such as private treatments, rehabilitation, loss of earnings and care costs.

What is a stroke?

A stroke is a potentially fatal medical condition where the blood supply to the brain is cut off. There are two types of strokes:

• Ischaemic stroke is the most common one (85% of all cases). This type of stroke relates to a blood clot that obstructs the passage of blood to the brain. The clot could form in a brain artery or elsewhere, such as the heart, and travel to the brain.
• Haemorrhagic stroke is less common (15% of all cases). It happens when a blood vessel in the brain ruptures and causes bleeding, damaging the brain tissue.

A transient ischaemic attack (TIA) is sometimes referred to as a mini stroke. In this case, the blood supply to the brain is cut off only temporarily.

This leads to the same symptoms of a stroke occurring, though the patient will usually regain composure and stability after a few minutes or a few hours at most. However, a TIA is a warning sign that you are at high risk of having a real stroke soon.

Strokes are among the most serious medical conditions. They are treated as emergencies that require urgent attention and treatment.

How is a stroke diagnosed and treated?

A stroke can present with various signs and symptoms, including a severe headache, confusion, blurry vision, dizziness, nausea and clumsiness.

A FAST test can be used as a diagnostic tool for people who suspect that they or someone close to them is suffering from a stroke or TIA. The test is as follows:

• FACE. Is the patient’s face drooping on one side? Can the patient smile, or does their eye or mouth seem lopsided?
• ARMS. Can the patient lift both of their arms and hold them in position? People who are suffering from a stroke or TIA are often unable to lift their arms due to weakness and numbness.
• SPEECH. The speech of a patient suffering from a stroke is likely incoherent, slurred and nonsensical. The patient may seem awake but unable to speak.
• TIME. If anyone is in the presence of a person who is presenting any of the above symptoms, it is time to call an ambulance immediately. The quicker the patient receives treatment, the better the prognosis will be.

If the symptoms suggest a stroke or a TIA, the patient will be taken to a hospital with a dedicated stroke unit for further investigation and treatment. Several tests may be ordered to confirm the stroke and its type, such as:

• A physical exam where the doctor will check your blood pressure and listen to your heart;
• Blood tests to measure cholesterol, blood sugar and clotting time;
• A CT scan can identify a haemorrhagic stroke, tumour or blood clot quickly;
• An MRI scan offers a detailed view of the brain and the tissue damaged by the stroke.

If you have suffered from an ischaemic stroke, you will be prescribed medications that will help to restore blood flow and supply to the brain.

If the stroke was a haemorrhagic stroke, it is more likely that surgery will be required. Some patients will need to take medication for longer periods if there is a likelihood of another stroke.

Stroke rehabilitation

Strokes can cause significant brain damage, and two-thirds of survivors are left with some type of permanent disability. They will need rehabilitation to maximise their ability to live life to the fullest and enjoy as much independence as they can.

Rehabilitation usually begins quickly after a stroke and will be provided by a dedicated and specialised team. This team will be made up of a host of medical professionals, each of which will owe a duty of care to the patient, and may include:

• Consultants
• Nursing team
• Occupational therapists
• Physiotherapists
• Clinical psychologists
• Speech therapists and language specialists
• Social workers
• Rehabilitation assistants

What is a stroke misdiagnosis?

A stroke is easier to diagnose and treat nowadays due to medical advances. What is more, the survival rates for those who suffer from a stroke are improving.

Unfortunately, medical staff can still make mistakes. Some types of negligence that could lead to a misdiagnosed stroke claim include:

• Dismissing the signs of a stroke as another condition, such as migraines or hypoglycaemia;
• Failure to acknowledge a patient’s medical history or carry out a thorough physical exam;
• Failure to perform proper diagnostic tests such as CT scans, blood tests or MRIs;
• Dismissing a patient after a TIA, only to have a more serious stroke later;
• Delays in administering treatment or surgical intervention;
• Misinterpreting or ignoring test results;
• Delays in diagnosing the condition, which leads to worsening symptoms and avoidable harm;
• Failure to monitor high-risk patients, such as those with high blood pressure or cholesterol.

Such breaches of the duty of care that is owed to you by medical professionals can lead to significant implications for your recovery and overall well-being. In the most serious of cases, medical error or clinical negligence can have fatal consequences.

What could happen if a stroke is misdiagnosed?

A stroke misdiagnosis can lead to severe and irreversible damage, increasing the risk of long-term disability and even death. Some common consequences include:

• Memory loss and cognitive decline
• Difficulty speaking or understanding language
• Paralysis or loss of mobility
• Vision loss or other eye issues
• Depression, anxiety and other emotional impact
• Coma or vegetative state
• Loss of bowel or bladder control
• Loss of ability to work and engage in daily activities

To prevent a misdiagnosis, you should insist on getting a CT or MRI scan if you or a loved one have stroke-like symptoms. Also, you should know your risk factors, which could be heart disease, high blood pressure or diabetes.

If you suffered any complications following a stroke misdiagnosis, you may be entitled to claim compensation for your pain, suffering and financial losses.

Could I make a stroke claim on behalf of a loved one?

If a loved one suffered because of a stroke misdiagnosis, you could make a compensation claim on their behalf. But first, you must apply to the court to be named as their litigation friend.

The process is fairly straightforward. You must complete and file a certificate of suitability, proving that you can make fair decisions about the case and that there are no conflicts of interest between you and the claimant.

As a litigation friend, you can claim on behalf of:

• A child under 18. Sadly, hundreds of children suffer a stroke each year in the UK. If a loved one’s outcome was worsened by a misdiagnosis, you can make a claim on their behalf.
• An adult who lacks mental capacity. If someone you love lost their ability to make a claim due to a severe brain injury, you can also represent them as a litigation friend.

Keep in mind that you can also claim compensation if you lose a loved one due to a misdiagnosis of stroke. If you qualify as their dependent, you can claim the loss of financial support and services your loved one provides.

You can also claim funeral expenses and the pain, suffering and financial losses incurred by your loved one before passing away. A limited number of family members are also entitled to a bereavement award of £15,120 for the grief caused by their loss.

Time limits to start a medical negligence claim

The time limit to claim for stroke misdiagnosis is typically three years, starting from:

• When the negligence occurred.
• When you became aware that you suffered an injury or illness due to negligence (the date of knowledge).

This limitation date is imposed by the Limitation Act 1980 and cannot be surpassed, or your case will be statute-barred. There are a few exceptions:

• The three years only begin to run on a person’s 18th birthday, so you can make a child injury claim anytime on behalf of a minor.
• The time limit is suspended if the claimant lacks mental capacity.
• You have three years to claim if you lost a loved one, starting from the date of death.

How much compensation could I claim for stroke misdiagnosis?

The amount of compensation you deserve will depend upon the level of suffering and loss that you have sustained as a result of the stroke misdiagnosis. Your losses will be grouped into two types of damages:

• General damages cover the physical pain, emotional suffering and loss of amenity incurred as a result. These are based on the Judicial College guidelines and can amount to £493,000 for a very severe brain injury.
• Special damages cover financial losses and expenses incurred as a result. These include loss of earnings, private treatments, rehabilitation, travel expenses and care costs.

You can use our online compensation calculator to get an idea of how much your claim could be worth by answering just a few simple questions.

Can I make a no win no fee stroke misdiagnosis claim?

If you have a valid case, a specialist stroke solicitor can help you get the compensation you deserve on a no win no fee basis. That means you do not have to pay them anything upfront or if you lose the claim, so there is no financial risk to you.

Under this agreement, they only get a success fee if and after you win your stroke negligence claim. This fee will be deducted from your compensation payment and is capped at 25% of your damages.

To find out if you may be entitled to compensation for medical negligence, do not hesitate to call 0800 470 0474 or use our online claim form to request a call back.