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Stroke Misdiagnosis Compensation Claims – How Do I Make A Claim? – Negligence Stroke Misdiagnosis

By Daniel Archer. Last Updated On 4th April 2022. Welcome to our stroke misdiagnosis claims guide.

Did you or a loved one suffer signs of a stroke and were not treated appropriately due to misdiagnosis? While in some cases, it might not be possible to offer an accurate diagnosis of a stroke quickly enough to reduce the harm suffered by a patient, if you received negligent medical care that led to you suffering avoidable harm, you could be eligible to claim stroke misdiagnosis compensation.

stroke misdiagnosis claims

stroke misdiagnosis claims

In this stroke misdiagnosis claims guide, we look at how a stroke misdiagnosis lawsuit could come about. We will take you through the signs, symptoms and treatments for a stroke, the complications that could be caused by a misdiagnosis, and how to go about making a claim for yourself or on behalf of a loved one that has suffered due to medical negligence when diagnosing a stroke.

If you would like to ask us anything about claiming compensation for a stroke misdiagnosis or would like to begin a claim, you can reach us on 0800 073 8804. We’ll be happy to help you.

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A Guide To Making A Stroke Misdiagnosis Compensation Claim

Welcome to our stroke misdiagnosis claims guide. When you suffer a stroke, it is vital that you seek treatment as quickly as possible in order to have the best chance of recovery. However, what happens if you seek treatment only for you to be misdiagnosed, leading to a delay in receiving vital care that could have given you a good chance of recovery?

If medical negligence has led to your stroke being misdiagnosed, this could lead to you suffering avoidable harm, which could affect how well you recover from this serious medical condition. It could even affect your chances of surviving the stroke.

If you have lost a loved one due to a stroke misdiagnosis, or you have suffered avoidable harm due to having your own stroke misdiagnosis, stroke misdiagnosis compensation could help ease any financial burdens caused by the negligence. What’s more, it’ll compensate for the pain, suffering and loss of amenity of the injured party. This guide explains in detail what could lead to such a claim, and how much compensation you could receive for your injuries.

What Is A Misdiagnosis?

A misdiagnosis is where a medical professional does not provide the correct diagnosis for the medical condition you have. While in some cases it may not be possible for a medical professional to accurately diagnose you because there are mitigating factors involved, they should do all that they can to provide you with safe, effective care.

If they are negligent in doing so, they could be held liable for any avoidable harm you suffer due to their negligence through stroke misdiagnosis claims.

Negligence could occur if:

  • A doctor fails to recognise the signs of you suffering a stroke.
  • The relevant tests were not ordered which meant you did not get an accurate diagnosis.
  • There was a delay in getting a brain scan for those with symptoms of a stroke (according to RRCP guidelines 2012 this should be within 12 hours of the patient being admitted).
  • An inaccurate analysis of test results could lead to a misdiagnosis
  • There was a delay in you receiving vital treatment, such as thrombolysis treatment

Whether you had a stroke misdiagnosed as a seizure or had a haemorrhagic stroke misdiagnosed because a brain scan was not ordered when it should have been, or there was any other unacceptable delay in treatment that has caused you to suffer avoidable harm, this could lead you to be entitled to stroke misdiagnosis compensation.

Medical Negligence – NHS Statistics

It doesn’t matter if you received private medical care or if you were treated by the NHS. This does not affect your right to claim if your health has been affected by medical negligence. However, this section focuses on NHS statistics.

The NHS maintains a record regarding how much claims cost them over the course of the year. As you can see from the graph below, the NHS spent £2,209 million on claims made against them. These figures have been taken from the NHS Resolutions Annual Report for 2020/21.

Whilst the figures are unlikely to all relate to stroke misdiagnosis claims, they still serve as a good illustration of how common medical negligence claims can be.

Medical negligence statistics graph

Medical negligence statistics graph

What Is A Stroke?

A stroke, according to the NHS could be considered a life-threatening medical condition. In essence, it occurs when the brain’s blood supply is interrupted, which kills some of the cells in the brain.

It is essential to get treatment for a stroke as soon as possible, as early treatment can, in some cases, mean less damage to the brain. What’s more, medical appointments get logged on your records, which can help evidence stroke misdiagnosis claims.

Types Of Strokes

There are a few different types of stroke. These include:

  • Ischaemic stroke – These are the most common types of stroke. They are caused by blockages which effectively cut off the supply of blood to the brain.
  • Haemorrhagic stroke – These are types of stroke that are caused by bleeding around the brain or within it. According to The Stroke Association, 15% of strokes happen because of this.
  • Transient ischaemic attack – This type of stroke could be known as a mini-stroke or TIA. These types of strokes have shorter-lasting symptoms because any blockage of blood to the brain is only temporary.

What Are The Symptoms Of A Stroke?

To determine the signs of a stroke, you could apply the FAST assessment. This means looking at the:

  • Face – If a person’s face has fallen to one side or they cannot smile, this could be due to a stroke.
  • Arms – If a person cannot raise both of their arms, and hold them there, this could be a sign of a stroke.
  • Speech – If a person is unable to speak properly, and their speech is slurred or they don’t seem to understand you, this could be due to a stroke.
  • Time – If the above symptoms are spotted, you would need to act quickly to get help. The NHS advises you to call 999 if you believe you or someone else could be suffering from these symptoms.

What Are The Causes Of A Stroke?

As mentioned above, stroke misdiagnosis claims could be made in cases where a third-party owing a duty of care was negligent and you suffered as a result. There are many different circumstances that could entitle you to stroke misdiagnosis compensation as different strokes could be caused by different factors, such as:

  • Ischaemic strokes are caused by a blood clot that forms in a small vessel or artery that leads to the brain. An ischaemic stroke could also be caused by clots that move through the bloodstream from other parts of the body. The reasons why these blockages form could include small vessel disease, arterial dissection, atherosclerosis (fatty deposits in the arteries), and some heart conditions.
  • Haemorrhagic strokes could be caused by a variety of things. Common causes of a haemorrhagic stroke could include the effects of illegal drugs, an aneurysm, high blood pressure, the effects of anticoagulant medications and cerebral amyloid angiopathy (a condition damaging the blood vessels in the brain)
  • A TIA is caused by a clot that temporarily cuts off the supply to the brain. Some causes of a TIA could include atrial fibrillation or fatty deposits in the arteries, for example.

How Should Strokes Be Treated?

Before any sort of stroke misdiagnosis claims are considered, strokes should be treated urgently. Whatever type of stroke you have suffered, it would be classed as a medical emergency and you should seek treatment immediately.

Treatment could vary depending on the type and severity of the stroke you’ve suffered. When you see a doctor with symptoms of a stroke, you could go through a diagnostic and treatment process that may involve:

  • Having a brain scan to see what has caused your stroke and to see if any issues need to be treated.
  • Taking blood tests to see if there can be any condition identified that may have caused your stroke.
  • Taking your blood pressure.
  • Being given medication.
  • Being advised on lifestyle changes you could make to reduce your risk of further strokes.
  • Thrombolysis treatment – this is a clot-busting treatment – it should be given within 4 and a half hours of your stroke to be most effective.
  • Thrombectomy treatment – removal of a clot with a mechanical device.
  • Brain surgery (craniotomy) to stop any bleeding in the brain, to relieve pressure on the brain or for the removal of blood.

A correct and prompt diagnosis of a stroke could have a marked effect on your recovery. If you believe your stroke misdiagnosis could have – and should have been made earlier, and you have suffered harm due to such a misdiagnosis, we could assess your case to see if you could claim stroke misdiagnosis compensation.

Complications Which Could Be Caused By Misdiagnosis?

As we have mentioned earlier in this stroke misdiagnosis claims guide, clinical negligence by having a brain stroke diagnosed incorrectly could affect your recovery. Some of the complications that could occur because of a misdiagnosis of strokes could include:

  • Fatalities – Unfortunately, if a stroke progresses, and is not treated quickly enough, the patient may not survive it.
  • Physical disability – Some damage to the brain could affect a person physically. Depending on the part of the brain that was damaged, there could be a range of physical disabilities inflicted, from muscle tightness or spasms to cases where serious paralysis is caused by a stroke.
  • Intellectual deficit – If damage is done to the part of the brain that affects your ability to think, issues could include memory loss, confusion, inability to concentrate, speech disorders and mood changes, for example.
  • Pain – chronic headaches could also be a complication of damage caused by a stroke

It is important for us to mention that not all effects caused by a stroke could be claimed for. However, if you could prove that medical malpractice in diagnosing you has caused you to suffer avoidable harm or a stroke occurs, you could be entitled to claim stroke misdiagnosis compensation.

Claiming On Behalf Of A Loved One Who Had A Stroke

Unfortunately, some stroke misdiagnosis cases could lead to a person lacking the physical or mental capacity to be able to make stroke misdiagnosis claims for their own injuries. If this is the case, someone could act on the injured party’s behalf. This person would be referred to as a litigation friend. A litigation friend could be a parent/guardian, a friend, a solicitor, a deputy for the Court of Protection, a family member, a professional advocate or someone with an enduring or lasting power of attorney.

According to the government, to be considered a suitable litigation friend, it would have to be confirmed that you:

  • Do not have conflicting interests with the affected person.
  • Can make case decisions fairly and competently.

If the injured party was to regain capacity during the claims process, you may need to apply to stop being the injured party’s litigation friend.

Stroke Misdiagnosis Compensation Calculator

If you are considering making stroke misdiagnosis claims, you may be wondering if you could find out how much you’d be likely to receive. While you might have been searching for a medical negligence calculator, similar to a personal injury claims calculator, to help you work this out, it would not be able to give you an accurate figure.

This is because each medical negligence claim is assessed on its own unique set of facts, and compensation is calculated on a case by case basis. As part of your claim, you would need to attend an appointment with an independent medical expert, who will complete a report detailing your medical condition and prognosis. This could be used as medical evidence to prove the extent of your injuries and could be used to value your stroke misdiagnosis compensation claim.

Injury typeCompensation Bracket (Guideline)Notes
Brain damage – very severe£264,650 to £379,100In cases that are calculated to be at the top of this bracket, the ability to make some eye movements (opening and closing) and follow some basic commands. There may also be a return of sleeping and waking patterns. However, there would not be much if any meaningful responses to the injured party’s environment. The award level would be affected by the insight that the patient is deemed to have, the limitation of physical activities, whether gastronomy was required for feeding, whether the patient could communicate, their sensory impairment, for example.
Brain damage (moderately severe)£205,580 to £264,650The injured party would be considered very seriously disabled. They would need constant care, and disabilities may be cognitive or physical, or a combination of the two. The degree of the injured party’s insight, their life expectancy, the limitations, degree of dependence, communication ability and behavioural difficulties could all be taken into account when compensation is calculated.
Brain damage (moderate)£140,870 to £205,580Where the injured party has a moderate to severe deficit to their intellect, a change in personality, effects on speech, sight and other senses. They could also have significant risk of epilepsy and would be considered unemployable.
Brain damage (moderately severe)£85,150 to £140,870The intellectual deficit would be modest to moderate, ability to work would be removed, or greatly reduced, and some risk of epilepsy could remain.
Brain damage (moderately severe)£40,410 to £85,150Memory and concentration would be detrimentally affected, limited dependence on others.
Brain damage (less severe)£14,380 to £40,410A good recovery would have been made but there could be some persisting issues with regards to concentration and memory, or disinhibition of moods. The injured party would likely be able to have a normal social life and could return to work. There could be a small risk of epilepsy.
Minor brain injury£2,070 to £11,980Brain damage would be minimal. Cases would be assessed on the severity of the initial injury, how long the recovery period was, and whether there are any headaches or other continuing symptoms.
Mental anguish£4,380Fear of impending death.
Paraplegia£205,580 to £266,740Increasing paralysis with significant injuries.

We know that not knowing how much compensation you could receive for the harm that was caused by your stroke misdiagnosis might be frustrating. What we can do, however, is offer some insight into the compensation that could be achievable for specific types of injury.

These rough guideline payout amounts have been taken from the Judicial College Guidelines, a legal publication used by solicitors to give an estimate of the compensation that could be appropriate for specific injuries. We have chosen injuries that we believe relate to this type of claim. If your injury doesn’t appear here, we could give you further information over the phone.

Special Damages You Could Claim

In addition to the stroke misdiagnosis claims you could make in terms of the pain and the suffering and loss of amenity they’ve caused, you could also claim for financial harm you’ve suffered as a direct result of your injuries from your stroke misdiagnosis. These are referred to as special damages. They could include, but may not be limited to:

  • Care costs – some injuries may leave a claimant unable to look after themselves and they may need someone to care for them at home. The costs associated with this care could be included within your claim.
  • Medical costs – whether you have needed physiotherapy, prescription medicines, counselling or other medical treatments that you have had to pay for, these could also be included as special damages.
  • Travel costs – travelling to medical appointments or to see your lawyer could attract costs too. These could also be claimed for as special damages.
  • Loss of earnings – if you haven’t been able to work as normal due to your injuries, you may have lost out on income. Income losses could be claimed for, and if your injuries prevent you from returning to work, future loss of income could also be included within your claim.

To claim for these or any other losses or expenses, you would need to provide evidence. Payslips, bank statements, bills and receipts could all help with this. If you do not have evidence of costs or losses, your medical negligence lawyer may not be able to include them in your claim.

We should mention that if you are struggling financially because of serious injuries that you’ve suffered, it may be worth speaking to your lawyer to see if it could be possible for them to request an interim payment in order to cover payments such as rent or your mortgage if you are unable to work due to your injuries. While this is not possible in all cases, it could, in some cases, be worth looking into.

No Win, No Fee Stroke Misdiagnosis Compensation

If you wish to use the services of a medical negligence solicitor, which are similar to a personal injury solicitor, but you are concerned that you might have to pay out large amounts of money upfront to benefit from their assistance, you may be relieved to learn that you could get this help without having to pay anything until your stroke misdiagnosis claims are successful.

Claiming on a No Win No Fee basis means you would not be required to pay anything upfront or throughout your claim. Instead, you would be given an agreement to sign, known as a Conditional Fee Agreement (CFA), which would effectively promise your lawyer a small success fee once they had successfully obtained compensation for you.

This would be capped, legally, so you would not have to worry that a large proportion of your compensation would go to your lawyer. If your lawyer was unable to get compensation for you, you would not have to cover their costs or pay them the success fee.

If you would like to be provided with a No Win, No Fee lawyer to help you with your stroke misdiagnosis claim, we could help with this. If you have questions about claiming on this basis, do feel free to call us – we’ll be happy to help.

Why Choose Us?

We understand that there are many avenues through which to seek help with stroke misdiagnosis claims, but we truly believe we could offer all the help and support you could need when you are considering making a claim. Not only could we provide you with answers to all your questions about the medical misdiagnosis claims process, but we could do so free of charge and without any obligation for you to use our services.

We could even provide a free eligibility check to see if you could have a valid claim. If our advisors believe your claim could result in stroke misdiagnosis compensation, we could provide you with a medical negligence lawyer, like a personal injury lawyer, who would fight for the maximum compensation possible for your injuries.

We have successfully helped many claimants with a variety of medical negligence and personal injury claims, and have received great feedback from those we’ve helped, which you can read more about here. Our advisors are always happy to advise, answer questions and help claimants take the first steps to claim the compensation they deserve. Why not let us help you?

Stroke Misdiagnosis Claims FAQs

Can I sue for a misdiagnosed stroke?

If you can prove that the misdiagnosis was the result of negligence on behalf of a medical professional, then you may be able to claim. For example, you may have gone to a doctor with clear signs of a stroke. If they do not investigate this possibility then your condition could become worse, or even fatal.

You also must have been caused harm by negligence in order to make a claim. If you are not harmed, then you’d be unable to pursue compensation.

How long does a stroke misdiagnosis claim take?

The time it can take to claim stroke misdiagnosis compensation can vary on a case by case basis. Each set of circumstances is unique. Therefore, there’s no specific timescale for these kinds of claims.

Getting in touch with our advisors is the best way for you to gain a better understanding of where you stand.

Can doctors miss a stroke?

Yes, although medical professionals should be able to provide accurate diagnoses, some do unfortunately fall under the radar.

What happens if a stroke goes undiagnosed?

Missing signs of stroke can be extremely dangerous due to the delay or lack of treatment. Stroke can be particularly detrimental to the brain cells, leading to long term damage and even death.

What do you do when a doctor says nothing is wrong?

If you believe you’ve received a misdiagnosis or no diagnosis where there should have been one, it’s important to not ignore the signs. In such cases, you may wish to seek alternative medical help so you can determine the root of your concerns.

Can I get compensation for misdiagnosis?

Providing that a medical professional owing you a duty of care failed to diagnose your stroke, you could be entitled to claim compensation for any subsequent suffering.

How do you prove misdiagnosis?

A misdiagnosis can typically be proven if another medical professional in the same situation would not have misdiagnosed your stroke, as this shows that you received a lack of competency.

How do you know if you have a medical malpractice case?

To determine whether you have valid grounds to make a claim, why not get in touch with us today? Our team of specialist advisors can provide you with a free consultation and can connect you with our panel of No Win No Fee personal injury lawyers today if you have a case for compensation.

How can a No Win No Fee agreement help?

No Win No Fee agreements mean that anyone with valid grounds to make a claim can get the legal help they need without the usual financial risk involved. This is possible due to the fact that any fees are only required to be paid if your compensation is won for you. Therefore, you’ll only pay your lawyer a small ‘success fee’ from your payout.

How can I get in touch with Legal Expert?

Please see the section below for some contact options.

Start Stroke Misdiagnosis Claim

Would you like to know more about claiming stroke misdiagnosis compensation, or are you ready to begin making stroke misdiagnosis claims? Perhaps you’re not sure whether you’d fit the eligibility criteria to make a claim?

Whatever you need to know, we’re here to help. Our experienced advisors can be reached in a variety of ways and will be glad to give you the advice, support and guidance you may be looking for.

stroke misdiagnosis claims

stroke misdiagnosis claims

To reach us, simply call 0800 073 8804, email info@legalexpert.co.uk, complete our contact form or use the Live Chat service on this page. With no charge for advice or eligibility checks, there’s no reason not to get in touch to find out how to claim the compensation you deserve.

Essential References

  • Stroke Claim Case Study – This case study covers an incident where a patient successfully claimed compensation for stroke-related paralysis.
  • Paralysis Claims – Here, you can read more information concerning paralysis claims due to medical negligence.
  • A Guide To Misdiagnosis – This page covers misdiagnosis claims in detail.
  • Stroke Recovery – This NHS page on stroke recovery gives information for those who have suffered a stroke and those who may be caring for them.
  • Headway – This organisation helps those with head and brain injuries and conditions. You may find some useful information here.
  • Strokes And Driving – A stroke may affect your ability to drive. You can find more information about when to tell the DVLA about a stroke.

Some Other Claims We Could Help With

Thanks for reading our stroke misdiagnosis claims guide on how to claim the stroke misdiagnosis compensation that you deserve.

Written by Jeffries

Edited by Billing

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