When the Diagnosis Came Too Late
Stroke is one of the most time-sensitive conditions in medicine. Every minute of delayed treatment can mean the difference between recovery and permanent disability, and yet it remains one of the more commonly misdiagnosed conditions in emergency settings. The reasons vary, but certain patterns come up repeatedly.
Symptoms That Don’t Follow the Script
Not every stroke presents with the classic warning signs. Brainstem strokes, in particular, are notorious for mimicking other conditions, such as vertigo, nausea, slurred speech, or sudden fatigue.
These symptoms are easy to attribute to something less urgent. When a provider makes that assumption without ordering imaging or consulting neurology, the window for effective treatment can close before anyone realizes what’s happening.
The Geography of Delaware’s Stroke Care
Delaware is a small state, but the distance between where someone lives and where they can receive comprehensive stroke care matters enormously. Delaware has only one comprehensive stroke center, located in Newark. This means that residents of southern Delaware can face significant travel time to reach a certified comprehensive stroke center. For patients who are transferred between facilities, the speed of that process is critical.
Research published in JAMA examined door-in-door-out (DIDO) times—the interval between when a patient arrives at an initial hospital and when they’re transferred out—for stroke patients who needed a higher level of care. The national guideline for DIDO times from the Joint Commission and the Brain Attack Coalition is less than 120 minutes. The national guideline from the American Heart Association is at least 50% of transfer times under 90 minutes.
Delaware’s DIDO times are longer than both:
- 132-144 minutes for acute ischemic stroke eligible for endovascular therapy
- 259-338 minutes for other acute ischemic stroke
Other Patterns a Review May Examine
In addition to longer transfer times, a review may find a misdiagnosis or a failure to diagnose resulting from:
- A failure to order CT or MRI imaging in a timely manner
- Early discharge without neurological follow-up
- Symptoms that were documented in the chart but not acted upon
- No neurology consultation despite presenting complaints
- A “wait and see” approach when the standard of care called for something more
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.
What a Medical and Legal Review Actually Looks Like
When you reach out, the first thing that happens is a conversation. We listen to what occurred, the timeline, the symptoms, the interactions with providers, and the outcome. From there, we gather the relevant medical records and imaging.
Those materials go to independent medical experts who examine the care your loved one received and compare it against the accepted standard of care: what a reasonable, similarly trained provider would have done under the same circumstances.
That review doesn’t always confirm wrongdoing. Sometimes the findings show that providers made appropriate decisions given what was in front of them, even when the outcome was devastating. Families sometimes find that conclusion difficult, but most say it still matters to know. Uncertainty is its own burden.
If the review does identify a departure from the expected standard of care, the findings become the foundation for understanding what happened, and for deciding, with full information, what to do next. The consultation is free. There’s no pressure and no obligation to proceed.
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If the Review Reveals a Problem
When a medical review uncovers evidence that a departure from the standard of care contributed to a patient’s injury, a legal case can be built around those findings.
What Must Be Established
A stroke misdiagnosis case typically requires demonstrating that:
- A provider owed the patient a duty of care
- The care fell short of accepted standards
- This failure caused or worsened the patient’s harm
Responsibility doesn’t always rest with a single person. Depending on the circumstances, an emergency physician, a hospital system, a nursing staff, a group practice, or a combination could be liable.
What Your Goals Might Look Like
Families who pursue these cases aren’t doing so to punish anyone. They’re doing it because the person they love may now require care for the rest of their life, and that care costs money. A serious stroke can leave someone partially or fully disabled. In the most severe cases, a patient may survive in a state of locked-in syndrome, fully conscious but unable to speak or move. The financial implications of long-term care at that level are substantial.
| Type of Care | Estimated Cost in Delaware |
| Private duty nurse (hourly rate) | $65/hour |
| Private duty nurse (visit rate) | $163/visit |
| Long-term care facility, e.g., nursing home (semi-private room) | $173,923/year |
| Long-term care facility, e.g., nursing home (private room) | $181,588/year |
Source: Genworth
These numbers make clear why securing appropriate compensation matters, not as a windfall, but as a practical mechanism for covering care that will otherwise fall entirely on the family.
Steps You Can Take Right Now
While you’re still in the early stages of considering your options, a few things are worth doing:
- Request and preserve copies of all medical records and imaging from every facility involved
- Keep the discharge paperwork and any written instructions given at discharge
- Write down a timeline while it’s fresh, including what symptoms appeared, when, what was said, and what was done
- Note the names of providers and facilities where care was received
- Save any written communications from the medical team
None of this commits you to anything. It simply ensures that the information exists if you need it.
Why Families Work With Newsome Law
We come to this work with a clear philosophy: the family stays in control. We don’t push cases forward on our timeline. We explain what we find, lay out the options, and let you decide what makes sense for your situation.
When you work with us, you talk to a stroke misdiagnosis attorney, not a case manager or intake coordinator. We keep our caseload limited by design so that every family we represent gets the attention their situation requires. The medical review process draws on independent experts with relevant clinical backgrounds. We handle the complexity of that process so you don’t have to.
Our experience with complex stroke and catastrophic injury cases means we understand the medical terrain as well as the legal one. That matters when the difference between a well-built case and a weak one often comes down to understanding exactly where the care went wrong and why.
There are no upfront fees. We’re only paid if we recover compensation for you.
The Consultation Is Free
You don’t need to have your questions sorted out before you call. That’s what the consultation is for.
We offer free, confidential case reviews with no obligation. If you’re a Delaware family trying to understand what happened to someone you love, Newsome Law is here to help you find out.
Contact us for a free consultation when you are ready.
What Our Clients Say
Real stories from families we've helped through difficult times.
5.0
Newsome Law are fantastic! They have been working on my case for the past 3+ years and I have not once had a bad experience with anyone who works there. They have worked tirelessly to help me through my accident and the medical bills that loomed overhead. I am extremely pleased and grateful to have them, fighting on my side during this period in my life.
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Newsome Law Is a step above all the rest. They are not some run-of-the-mill Firm. But rather an experienced Team of established excellence and success. As one of Newsome Law’s grateful clients, they always operated in the best interest of my family. Were always available to take my call , and were compassionate to the pain and needs of my family. Newsome Law is the right Firm for you to choose.
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Newsome Law represented me in a very positive manner. Always professional, courteous, supportive and attentive. They were always able to keep me apprised of the status of my case. The team on my case were always easy to work with and on top of all issues. I never had to wonder where we were at in the process. I would recommend them to anyone needing this type of help in the future.
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