Strokes can be life-threatening medical emergencies which occur when the blood support to the brain is disrupted, causing brain cells to die. This can happen as a result of a blockage in a blood vessel or a haemorrhage in the brain.
These types of medical conditions can be detrimental, often leading to severe brain damage or in some cases paralysis. Suffering a stroke misdiagnosis can massively impact your or your loved one’s life, whether this be through impacting mobility, or being unable to work again. Therefore, you may be interested in knowing whether a stroke misdiagnosis claim can be made for you or on behalf of a loved one.
Here at Legal Expert, our solicitors are committed to putting clients at the centre of everything they do. Whether this includes helping you to arrange appointments with rehabilitative specialists, or aiding you when gathering supporting evidence, they will work tirelessly on your behalf. Although compensation can’t undo the harm caused by clinical medical negligence, it can help fund further treatments, and reimburse any losses caused by the harm.
To learn about starting a stroke misdiagnosis claim, you can reach our advisors.
4.8 (466 reviews) Who Can Claim Compensation For A Stroke Misdiagnosis?
You or a loved one could make a compensation claim for stroke misdiagnosis if it can be shown that you suffered avoidable or unnecessary harm due to a medical professional’s negligent actions when they treated you.
In essence, all medical negligence claims have to satisfy the following criteria:
- You or a loved one were owed a duty of care
- A medical professional breached this duty
- This breach led to the stroke being misdiagnosed, causing you or a loved one to suffer harm which was preventable
As a patient, all medical professionals owe you a duty of care to provide the minimum expected standard of care when treating you. For example, they must consider all symptoms described to them seriously, and refer for further testing when necessary as part of this duty.
If they fail to do so, causing your or a loved one’s stroke to be misdiagnosed, and unnecessary harm was suffered due to this, a medical negligence claim could be made.
Can Stroke Misdiagnosis Claims Be Made On Behalf Of A Loved One?
Yes, stroke misdiagnosis claims can be brought on behalf of a loved one if they are unable to make a claim themselves. This is called acting as their litigation friend, which can be used for claimants who:
- Are under 18
- Are vulnerable adults, who lack the mental capacity to make a claim on their own behalf
We could help you apply to act in this role, or alternatively the courts have the power to appoint you.
Fatal Stroke Misdiagnosis Claim
A fatal stroke misdiagnosis claim can be brought by either the estate of the deceased, or by the dependents. However, in the first 6 months following the death, the deceased’s estate is the only party with the power to bring forward a claim. Under the Law Reform (Miscellaneous Provisions) Act 1934, the estate can claim for any pain and suffering as well as any economic losses incurred prior to the death. They can also claim on behalf of the certain qualifying relatives of the deceased, known as dependents.
Following this period, under the Fatal Accidents Act 1976, the dependents of the deceased can then bring a claim for the impact the death has had on them, provided that the estate hasn’t already done this on their behalf.
To see whether you may qualify as a dependent, or to see if you have a valid stroke misdiagnosis claim, you can contact our advisors.
4.8 (466 reviews) How Can Medical Negligence Result In A Stroke Being Misdiagnosed?
Medical negligence can result in a stroke being misdiagnosed if, for example, a healthcare professional fails to recognise signs of a stroke, or misdiagnoses this as a different condition altogether.
Some examples of when a stroke misdiagnosis claim could be made include:
- You requested a GP appointment after suffering a suspected transient ischaemic attack (mini stroke). After explaining your symptoms, your doctor failed to request further testing such as blood tests or a CT scan, despite showing clear signs of a stroke. Your doctor then diagnosed you with epilepsy, which led to an exacerbated condition, as your stroke caused brain damage that remained untreated and unnoticed.
- A loved one, visited A&E with signs of a stroke, and when they are triaged, the team fails to appreciate high blood pressure and other signs of a stroke. As a result, they fail to diagnose their stroke, which worsens causing paralysis.
- Despite having genetic factors and a family history of strokes, your GP misses indicators that you are at high risk of suffering a stroke. Following this, they fail to create a plan to manage risk factors as a preventative measure. You then suffer a stroke following this, causing severe brain damage.
These examples are by no means exhaustive, but can be used as an illustration of some ways in which medical negligence could occur; so, if your experience differs, please get in touch with our advisors to explore this further today. They can provide you with an obligation free case consultation, and advise you of your options.
What Are The Risks Of A Stroke Not Being Treated Quickly?
Some of the risks of a stroke not being treated quickly include permanent brain damage, speech problems and increased risk of death.
Any delays in either diagnosis or treatment can result in:
- Permanent and severe brain damage
- Increased risk of fatality
- Permanent disabilities, such as paralysis
- Speech and cognitive impairment
- Increased risk of other complications such as loss of physical skills
- Sensory or emotional challenges
- Associated mental health problems
To see whether you could make a stroke misdiagnosis claim for yourself or on behalf of a loved, contact our advisors today.
Case Study – £175,350,000 Payout for Mr C’s Stroke Misdiagnosis
Below, we have provided an illustrative case study that resulted in a £175,350,000 payout for Mr C’s stroke misdiagnosis.
Mr C visited his GP with common symptoms of a stroke such as slurred speech and confusion. His GP failed to appreciate a family history of strokes, and subsequently failed to notice associated risk factors of Mr C suffering a stroke himself.
Despite explaining his ongoing symptoms, Mr C’s GP failed to request further testing, such as a blood test or a CT scan which would’ve confirmed his symptoms as signs of having suffered a stroke. Rather, his GP diagnosed his condition as epilepsy, and advised Mr C to return if his symptoms worsened.
It was later confirmed that Mr C had suffered a stroke. He and his wife decided to seek out legal advice.
They explained to the solicitor that he needed ongoing medical treatment, he suffered symptoms after taking medication for epilepsy, the left side of his body was paralysed and his wife had to take time off work to provide care before hiring a professional carer.
Mr C received £350,000 in compensation for the unnecessary pain and suffering he experienced following a stroke misdiagnosis. He also received a further £175,000,000 in special damages for the financial losses that he and his wife experienced. This encompassed all lost earnings, as well as lifelong professional care costs.
Find out how our solicitors could help you claim compensation for a stroke misdiagnosis today.
The Average Payout For A Stroke Misdiagnosis Claim
The average payout for a stroke misdiagnosis claim can be determined by combining the payouts for any given year, and dividing this by the total number of claimants. With this said, payouts are based on personal circumstances, so it can often be more beneficial to examine how compensation is calculated.
In successful stroke misdiagnosis claims, compensation can consist of two heads of loss which both serve different purposes; these are called general and special damages.
The first head of claim, general damages, is compensation for the physical and mental impacts of the harm you or a loved one have suffered. It can appreciate the pain, suffering and any impact on daily life. Oftentimes, suffering harm after a stroke misdiagnosis can have had detrimental impacts, causing difficulties in performing daily tasks such as getting dressed or driving.
Conversely, special damages are compensation for the financial losses incurred as a result of suffering a stroke misdiagnosis. We discuss this further in our section below.
However, you might wonder how general damages are calculated. Professionals can make reference to frameworks such as the Judicial College Guidelines (JCG). This is a document providing guideline compensation brackets for certain types of harm.
Below, we have provided some figures taken from the JCG that may be applicable for stroke misdiagnosis claims. Please note that the top entry has not been taken from the JCG, and that these are guidelines only and not a guarantee of compensation.
| Type of Harm | Notes | Compensation |
|---|---|---|
| Multiple Severe Types of Harm + Special Damages | Compensation for multiple forms of serious harm as well as special damages such as ongoing care costs, medical expenses and home adaptations. | Up to £1,000,000+ |
| Paralysis | Tetraplegia (a) - where the paralysis has impacted senses and physical pain is presence | £396,140 to £493,000 |
| Paraplegia (b) - the injured person's degree of independence will affect the amount awarded | £267,340 to £346,890 | |
| Brain Damage | Very Severe (a) - there may be some ability to follow basic commands | £344,150 to £493,000 |
| Moderately Severe (b) - serious disablement with substantial dependence on others and a need for ongoing care | £267,340 to £344,150 | |
| Moderate (c)(i) - moderate to severe intellectual deficit | £183,190 to £267,340 | |
| Moderate (c)(ii) - modest to moderate intellectual deficit | ||
| General Psychiatric Damage | Severe (a) - the payout will consider the injured person's ability to deal with life, work and education | £66,920 to £141,240 |
| Moderately Severe (b) - psychiatric damage resulting in prevention of a return to comparable employment | £23,270 to £66,920 |
To learn more about how medical negligence compensation is calculated, you can contact our advisors.
How Can Compensation Help After A Misdiagnosed Stroke?
Compensation after a misdiagnosed stroke can help in a number of ways, for example it can provide security and help fund resources that can aid in your or a loved one’s recovery, and ongoing care. It can be used to pay for private rehabilitation costs, such as physiotherapy, and can also compensate for any lost income experienced as a result of the stroke misdiagnosis.
Below, we explore some examples of special damages and discuss how they can be used to help you or a loved one in the aftermath of a stroke misdiagnosis:
Loss Of Income
Suffering stroke misdiagnosis can have meant you or a loved one are now unable to work, ultimately leading to a loss of income. Additionally, this type of harm can also have greatly reduced employment prospects, affecting not only current earnings but also any future earnings. This lost income can be valued within special damages, and sometimes can encompass pension contributions or missed bonuses.
Cost Of Care
Strokes can oftentimes cause severe brain damage, now meaning you require either professional or gratuitous care. You could also be compensated for any lost earnings you experienced to care for a loved one following a stroke misdiagnosis.
Medical Expenses
Any related costs regarding medical expenses such as ongoing prescription costs, private treatments, or medical equipment can also be valued.
Rehabilitation
Any costs of rehabilitative aids, such as physiotherapy, language and speech therapy or physical therapy can be quite costly. These rehabilitation costs can aid in your recovery, particularly if your mobility has been impacted by your stroke. These costs can also be valued within special damages.
Adaptations To Home Or Car
The costs of home or vehicle adaptations such as the implementation of a wheelchair ramp, stairlifts or even steering aids in a car can also be claimed back.
Travel Costs
If you have costs such as public transport, taxis or even parking expenses, attending any medical appointments or rehabilitative meetings, these can also be categorised as part of special damages.
Not only can special damages encompass these losses, but it can also account for lifelong care costs. Get in touch with our advisories to learn more about how compensation can help you or a loved one after a misdiagnosed stroke.
4.8 (466 reviews) How To Prove Medical Negligence Caused A Stroke Misdiagnosis
To prove that medical negligence caused a stroke misdiagnosis, you must have evidence that supports your case, such as medical records, test results and a symptoms diary.
Below, we have set out the steps you could take after a stroke misdiagnosis to help you claim.
Seek Medical Help
After a stroke, the most vital step is seeking medical assistance. Make sure to visit A&E, ring 999 or visit an urgent care clinic. Medical professionals can then assess the extent of your stroke, and the impact it might’ve had on both your heart and brain. They can perform x-rays, scans or ECG’s to determine the level of damage caused by your stroke.
Gathering Evidence
Once you have sought medical assistance, you can then begin to compile supporting evidence. This is typically documentation which can be used to prove how a medical professional’s negligent actions (or inactions) led to your or your loved one’s stroke misdiagnosis. Evidence might include:
- Copies of any medical tests, including CT scans, blood tests or even ECG’s
- Any copies of medical records to show any treatments you received after you sought medical attention. These can help demonstrate how the duty of care was breached, and how this led to a stroke misdiagnosis.
- A diary of any symptoms you experienced
- Contact details of anyone who might’ve witnessed the treatment you received
Gathering this documentation can help strengthen the basis of your claim, and substantiate your version of events, improving your likelihood of a successful claim.
Report the Substandard Treatment
Reporting the incident creates an official recording of the treatment, which is hugely important in healthcare settings as it helps to improve patient safety, and creates an environment of systemic improvement.
If you believe the care that you received was subpar, you can make a complaint directly to the healthcare provider, or alternatively you can submit a complaint to the NHS or get in touch with the Patient Advice and Liaison Service. Alternatively, you can also submit a complaint to the Care Quality Commission.
This official complaint can also be used as evidence in your claim.
Note Your Symptoms or Keep a Diary
Recording any ongoing symptoms or keeping a personal diary can help to show the extent of the harm you have suffered; we would suggest that you record things like:
- The extent of pain or discomfort experienced, such as headaches, confusion or speech difficulties
- A description of any treatments received, and any appointments attended regarding the stroke misdiagnosis
- Any copies of medical expenses, for things like medication, ongoing therapies or travel costs
Consult a Legal Professional
Getting in touch with an expert medical negligence solicitor, such as those here at Legal Expert can be invaluable. With years of experience, and specialised knowledge, a solicitor can:
- Provide a free case consultation, and discuss the validity of your claim
- Estimate how much compensation you could receive if successful
- Handle every aspect of the claims process on your behalf
- Gather supporting evidence, to strengthen the foundation of your claim
At Legal Expert, you can discuss your potential claim with no obligation to continue.
Ensure Your Claim Is Within The Limitation Period
If you’re giving thought to bringing a stroke misdiagnosis claim, you must ensure that it is started within the time limit. Most clinical medical negligence claims are subject to a time limit of 3 years from the date of the misdiagnosis, or the date of knowledge which is when you realised that substandard treatment led to your stroke misdiagnosis.
If you have any questions about what next steps to take, please get in touch with our advisory team today.
Is There A Stroke Misdiagnosis Claims Time Limit?
Yes, most stroke misdiagnosis claims are subject to a time limit of 3 years. This is laid down within the Limitation Act 1980 stating that most compensation claims are subject to a limitation period of 3 years from either:
- The date of the negligence
- The date of knowledge (where you realised that substandard treatment led to your stroke misdiagnosis)
To learn whether your claim would still fall within the time limit, get in touch with our advisors today.
What Legal Expert Can Do To Help You Claim After Stroke Misdiagnosis
Our solicitors here at Legal Expert can help you with every aspect of a stroke misdiagnosis claim; from managing the process on your behalf, to discussing the claim with the relevant parties or courts, we are here to help.
Some things that our solicitors could help you with include:
- Support, legal advice and guidance throughout the claims process
- Helping you to navigate complex legal terms and processes
- Communicating with relevant parties and the courts
- Negotiating a settlement that accurately reflects the pain, suffering and financial losses caused by the stroke misdiagnosis
Another benefit of working with us at Legal Expert is that our solicitors work on a No Win No Fee basis. For you, the benefits of this type of claim come from a contract called a Conditional Fee Agreement (CFA) which essentially means:
- No upfront solicitors fees for a solicitor to begin work on your claim
- No solicitors fees required to progress your claim
- No solicitors fees if your claim were unsuccessful
On the flipside, if your claim were to be successful, a small limited percentage would be deducted from your compensation as our solicitors’ success fee. This percentage is capped by the law, which ensures that claimants receive the bulk of their compensation.
Contact Our No Win No Fee Solicitors
Our advisory team can be reached by using the contact details below. They are friendly, and can answer any questions you might have about bringing a stroke misdiagnosis claim.
To get in touch with us, you can:
- Calling us on 0800 073 8804
- Filling out our online contact us form
- Using our live chat to speak to an advisor
Frequently Asked Questions
Below, we answer some frequently asked questions:
Are There Different Kinds Of Stroke?
There are 3 different types of stroke:
- Ischaemic stroke – where a blood clot blocks blood flow to your brain
- Haemorrhagic stroke – where a blood vessel bursts
- Transient ischaemic attack – where the symptoms of a stroke last less than 24 hours, sometimes referred to as a mini-stroke
What Are The Signs And Symptoms Of A Stroke?
Some signs and symptoms of a stroke include:
- Facial weakness – where one side of your face might droop or fall, causing difficulty when trying to smile
- Speech problems – slurring your words or sounding confused
- Arm weakness – numbness or weakness in one arm, meaning you struggle to lift both arms
How Should A Stroke Be Diagnosed?
Strokes can be diagnosed through:
- Blood testing
- CT, MRI or ultrasound scans to check around your brain
- Electrocardiogram (ECG) testing can be used to check your heart
How Should A Stroke Be Treated?
Stroked can be treated in the following ways:
- Medicine to get rid of any blood clots in the brain
- Thrombectomy surgery to remove a blood clot or drain fluids from the brain
- A procedure to prevent pressure accumulating in the skull or brain
What Could Be Misdiagnosed For A Stroke?
Examples of conditions that could be misdiagnosed for a stroke include:
- Seizures
- Migraines
- Infections such as sepsis
- Functional neurological disorders
- Hypoglycaemia or hyperglycaemia
Can I Claim For A Stroke Misdiagnosis Against The NHS?
Yes, you can claim for a stroke misdiagnosis against the NHS if it can be shown that the treatment you received fell below expected standards, which led to your stroke being misdiagnosed and you or a loved one suffering avoidable harm.
How Much Compensation For A Stroke Misdiagnosis Can I Get?
The amount of compensation you could get for a stroke misdiagnosis claim will depend on the severity of the harm you suffered, any impact on your daily life and the extent of financial losses you have suffered as a result.
Will I Need To Go To Court For A Stroke Misdiagnosis Claim?
Most stroke misdiagnosis claims can be settled outside of court, through negotiation or mediation. It is in neither party’s interests to require litigation, as it can be costly and a timely process. Regardless, if your claim was to go to court, our solicitors have extensive experience in handling claims in court, so there is no need for you to worry.
More Information
Why not read our other pages about:
- How to make a birth injury claim
- Cancer misdiagnosis claims
- How to claim for hospital negligence
Useful External Resources:
- The causes of a stroke via the NHS
- Professional standards outlined by the General Medical Council
- Stroke statistics from Stroke Association
Thank you for reading our guide about making a stroke misdiagnosis claim.
