When Failure to Diagnose Stroke May Be Malpractice—and When it Is Not
Your legal review will uncover whether or not malpractice contributed to your loved one’s current condition. This information can help you find the right path forward.
Not All Stroke Misdiagnosis Cases Involve Malpractice
While there are many dedicated and competent doctors in our state, stroke treatment in Alabama is not all it should be. Per the Centers for Disease Control and Prevention (CDC), Alabama had one of the highest stroke fatality rates in the country as of 2024, with 49.2 deaths for every 100,000 people. This equated to over 3,200 lives lost.
Why is it so difficult to effectively treat a stroke in Alabama? There are many potential reasons. For example, because so many Alabamians live in remote, rural areas, they may not be able to get to one of the state’s stroke centers, which tend to be located in major cities, like Birmingham and Mobile, in time to prevent permanent damage, even if they call 911 right away.
Then there is the fact that the human brain is highly complicated and poorly understood. Even a skilled doctor doing everything possible to help your loved one can misread a scan or fail to recognize the significance of a critical piece of information.
While a bad medical outcome caused by these factors is tragic, it is not necessarily malpractice.
Malpractice Involves Preventable Errors
Too many hospitals cannot or will not provide the level of care that stroke patients require. Providers may end up making mistakes like:
- Failing to communicate clearly with other providers
- Not keeping the patient under observation long enough
- Not ordering tests that could have revealed the stroke
- Taking too long to make a diagnosis or start treatment
- Taking too long to begin a transfer to a stroke center (Alabama’s median door-in-door-out time [how long it takes from the time a patient arrives until the time they leave on their way to a center capable of stroke care] is 119 to 126 minutes for an ischemic stroke eligible for endovascular therapy and 168 to 193 minutes for other acute ischemic stroke. The nationwide guideline is fewer than 120 minutes.)
- Failing to inform the patient and their family about possible options
No one likes to consider the idea that a doctor could have done something wrong. It may even feel inappropriate to question the providers who are caring for your loved one, especially if they have otherwise been kind and helpful.
Nevertheless, for many families, not knowing how their loved one’s misdiagnosis happened is worse than pursuing the truth. With a legal review, you can lay all of these nagging questions to rest through an evidence-based investigation.
Our Process
We guide you through every step with clear communication and compassionate support.
Free Consultation
Call us anytime to discuss your case. We listen carefully and answer all your questions with no obligation.
Medical Review
Our team conducts a thorough investigation with qualified medical experts to determine if malpractice occurred.
Legal Action
If we find evidence of negligence, we build a strong case and handle all legal aspects on your behalf.
Secure Recovery
We fight to secure the financial resources your family needs for long-term care and peace of mind.
Understanding Your Legal Review and Your Options
If your legal review shows that malpractice was a factor, the question becomes: what now?
First, take a little while to digest and accept the results. Even if you suspect malpractice, receiving confirmation can bring on a whole host of complicated emotions. Process these feelings so you can approach the next steps with as clear a head as possible.
When you are ready, our attorney will go over the legal process with you, explaining how to file a case, what to expect at each stage of your case, and how we will handle the entire case on your behalf so you can stay focused on your family. This allows you to decide whether or not legal action is something you want to pursue.
Who Do You Sue for a Stroke Misdiagnosis?
The results of the review should tell you whose negligence caused your loved one’s misdiagnosis. This party may be an individual provider, like a doctor or a radiologist, or a healthcare institution. If you decide to take legal action, you will have the chance to recover financial damages from the negligent party or parties.
Why Consider Legal Action After Failure to Diagnose Stroke?
A misdiagnosed stroke can result in severe, chronic disabilities that require:
- Medical equipment
- In-home nursing or relocation to a long-term care facility
- Extensive physical and occupational rehabilitation
- Psychiatric care
The cost of these and other treatments can quickly become overwhelming, especially if your health insurance does not cover it all.
| Type of Care | Estimated Cost in Alabama in 2025 |
| Private duty nurse (hourly rate) | $120/hour |
| Private duty nurse (visit rate) | $210/visit |
| Long-term care facility, e.g., nursing home (semi-private room) | ~$274/day / ~$8,334/month |
| Long-term care facility, e.g., nursing home (private room) | ~$289/day / ~$8,787/month |
Source: Genworth
Taking legal action allows you to seek compensation for all of the care your loved one needs.
Talk To Our Legal Team Today
We’re here to answer your questions and help you understand your options.
Schedule a Free Consultation
Why Consider Our Law Firm After a Stroke Misdiagnosis?
Newsome Law focuses exclusively on cases involving severe injuries and disabilities, so we understand how much families like yours want a lawyer who is not just knowledgeable and experienced, but compassionate, present, and truthful.
We also understand that, even if it is difficult to see the light at the end of the tunnel right now, hope can survive even the most serious diagnoses. You and your loved one will have to make major adjustments, but this is not the end of your story. With time and patience, your loved one can continue to enjoy life and play a meaningful role in the family.
When Alabama Families Want Answers, We Are Here to Help
You have so many critical decisions to make after a failure to diagnose. You do not have to make those decisions alone. Newsome Law can provide guidance if and when you want it. We will never pressure you into taking any action. Our only concern is providing the information you need to make the decisions that are best for you and your family.
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Real stories from families we've helped through difficult times.
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