Can a Stroke Misdiagnosis Be Medical Malpractice?

Stokes are very serious medical episodes that happen suddenly without much warning. Most people seek medical attention during or after their strokes in hopes of determining what happened, receiving the proper medical treatment, and finding out what they can do to prevent these alarming medical episodes from happening again. However, if a stroke is ignored or misdiagnosed, it can cause long-term complications or even death.

What is a stroke, and what symptoms usually accompany these urgent medical episodes?

The Mayo Clinic defines a stroke as a medical emergency. There are several different types of strokes, such as an ischemic stroke, hemorrhagic stroke, a brainstem stroke, and a cryptogenic stroke. However, an ischemic stroke is the most common type of stroke that individuals experience. Ischemic strokes often occur when there is a blockage preventing the blood from making its way to the brain, which can cause the brain cells to become damaged and die.

The second most common type of stroke is a hemorrhagic stroke, which happens when a blood vessel bursts and causes blood to enter the brain. This can lead to intense pressure being placed on the brain cells, leading to permanent damage. The symptoms that usually accompany a stroke include:

• Muscle weakness
• Numbness
• Paralysis in certain limbs
• Speech issues
• Vision problems
• Headaches
• Loss of balance and coordination
• Nausea
• Dizziness
• Droopy face

If you or a family member experience any of these symptoms, it is critical to dial 9-1-1 and go to the closest hospital as quickly as possible. If you ignore a stroke and do not obtain medical treatment immediately, it could cause lifelong impairments that may affect you for the rest of your life.

How is a stroke misdiagnosed?

A stroke can be misdiagnosed in various ways. We will go over a few common scenarios that often lead to strokes being misdiagnosed below.

• The stroke may have similar symptoms to other medical conditions. For example, a person who is about to have a stroke may have a severe headache. If that is the only symptom present, the doctor may misdiagnose it as a migraine.
• The hospital may be extremely busy and understaffed. This can cause doctors, nurses, and other medical professionals to hurry and find a diagnosis for the patient instead of fully evaluating their condition. A busy and understaffed hospital can also cause doctors, nurses, and other medical professionals to take a long time to assess a patient’s symptoms and provide adequate treatment, which can be extremely dangerous as strokes should be addressed and treated right away.
• The medical staff handling a patient’s stroke may lack the necessary training. This can lead to the doctors, nurses, and other medical staff members failing to order the appropriate tests, check the patient’s medical history, and fully evaluate the patient’s symptoms and medical needs.
• The hospital and medical professionals may allow a patient to go home too soon after a surgery or procedure. After certain surgeries or procedures, patients must be monitored and watched closely to make sure they do not have a stroke. This usually requires ensuring that no blood clots form and cause blockages. However, if a hospital or doctor discharges a patient too quickly, they may put them at risk of developing a blood clot and experiencing a stroke.

Is a misdiagnosed stroke considered medical malpractice in Little Rock, AK?

A misdiagnosed stroke can be considered medical malpractice. However, before filing this type of claim, you need to make sure that you have a valid case. In order to have a valid and successful medical malpractice case, these four factors must be present:

1. You formed a doctor-patient relationship: You will need to prove that you were an actual patient of the doctor or medical professional who misdiagnosed your stroke. This means that the doctor or medical professional knowingly agreed to provide you with medical treatment.
2. The doctor failed to provide the standard level of care: Doctors and other medical professionals are required to provide the standard level of care to their patients. This means that your doctor must give you the same medical attention that any other doctor with the same level of experience, skills, and training would give.
3. The doctor’s negligence or lack of action directly caused your condition, harm, or impairments: There must be a direct connection between the doctor’s negligent behaviors or lack of action and your condition, harm, or impairments. This means that there cannot be anything else that caused or contributed to your condition, harm, or impairments.
4. You suffered damages as a result: Lastly, you must have proof that you suffered damages due to the doctor’s negligent actions or inaction. This can be medical bills, lost wages, pain and suffering, and more.

What are the consequences of a misdiagnosed stroke?

Many consequences can occur due to a misdiagnosed stroke, such as:

• Paralysis and loss of mobility
• Loss of physical and cognitive function
• Numbness and weakness throughout the body
• Chronic pain
• Memory loss
• Depression, mood swings, and other mental and emotional problems
• Difficulties thinking, solving problems, and making decisions
• Trouble talking and communicating
• Inability to control bladder and bowels
• Swallowing and chewing issues
• Coma
• Death

The damages you can recover for a misdiagnosed stroke

If a misdiagnosed stroke caused your complications and impairments, you may be eligible to file a medical malpractice claim, hold the responsible parties accountable, and obtain compensation to help you recover your damages. Here are some of the losses you could recover damages for following a misdiagnosed stroke:

• Current and future medical costs
• Current and future lost income
• Reduced earning potential and benefits
• Mental anguish
• Emotional distress
• Physical and occupational therapy expenses
• Counseling and psychiatry fees
• Diminished quality of life
• Loss of independence
• Loss of enjoyment of activities
• Home and vehicle modifications
• Travel costs
• Home care services

If your loved one passed away due to a misdiagnosed stroke, you may be able to also obtain damages for funeral and burial costs.

Did a doctor misdiagnose your or your loved one’s stroke? If so, the Little Rock medical malpractice attorneys at Bailey & Greer are here to help. When a patient contacts our firm because a medical professional mishandled their stroke, we work to build a strong case, fight for their rights, and obtain the justice they deserve. Please call our office or submit our contact form to schedule a free consultation in Little Rock today.