Understanding Comes Before Any Decision
Families in North Dakota who come to us after a stroke misdiagnosis are usually carrying the same unresolved question: could this have been caught? That question deserves a real answer, not a guess, and getting one takes a careful look at the medical record by people who know what emergency stroke care is supposed to look like.
What Actually Happens When You Reach Out
The process starts with a conversation, not paperwork. We listen to what happened, in your own words and on your own timeline. From there, our team requests the medical records and imaging from the hospital and coordinates a review with independent medical experts, i.e., physicians who are not affiliated with our firm and who evaluate the case on its medical merits alone.
That review looks at what the treating providers knew, what tests were ordered or skipped, and how quickly the patient moved through the emergency department. It’s compared against the standard of care: what a reasonably careful provider would have done given the same symptoms and information.
Sometimes the Answer Is That Nothing Went Wrong
We say this upfront because it matters: not every bad outcome is the result of a mistake. Strokes can be genuinely difficult to diagnose, and sometimes a devastating result occurs even when providers did everything right. If that’s what the review shows, you’ll know that too. For many families, that clarity has real value on its own. There’s no obligation to move forward with anything, and the initial consultation costs nothing.
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.
Why Strokes Get Missed in the Emergency Room
Stroke is not always the obvious event people picture. Symptoms can look like vertigo, migraine, intoxication, or a panic attack, especially when the stroke occurs in the brainstem, a location where classic warning signs like one-sided weakness or facial drooping may never appear at all. That makes brainstem strokes among the most commonly missed diagnoses in emergency medicine.
The Patterns Our Reviews Look For
A misdiagnosis usually isn’t one dramatic error. It’s more often a sequence of smaller decisions that, together, delayed the right treatment:
- Symptoms attributed to a less serious or more familiar condition
- Imaging that was delayed, incomplete, or never ordered
- A patient discharged before symptoms had time to declare themselves
- No consultation with a neurologist despite red-flag symptoms
Each of these, on its own, might be defensible. Whether it was, in this specific case, is exactly what a medical review is built to determine.
How North Dakota’s Geography Plays a Part in the Review
When a patient’s nearest hospital isn’t equipped to fully evaluate a stroke, the decision about how quickly to image, treat, or transfer that patient becomes even more consequential. The nationwide guideline for transfers is less than 120 minutes from the time the patient gets to the hospital to the time they leave for the next hospital. Keeping this time low is especially important in North Dakota as the state’s only comprehensive stroke centers are both located in Fargo. People requiring stroke care elsewhere could find themselves driving hours for care.
According to JAMA, North Dakota’s median transfer times are as follows:
- 119-125 minutes for acute ischemic stroke eligible for endovascular therapy
- 115-167 minutes for other acute ischemic stroke
Transferring within or more quickly than those median times could allow a patient to get the lifesaving care they need.
What’s at Stake When a Stroke Is Missed
The consequences of a delayed or missed stroke diagnosis range widely from a partial, recoverable disability to catastrophic, permanent injury, including locked-in syndrome, or death. Both stroke care and care for locked-in syndrome can be incredibly costly.
| Type of Care | Estimated Cost in North Dakota |
| Private duty nurse (hourly rate) | $85/hour |
| Private duty nurse (visit rate) | $150/visit |
| Long-term care facility, e.g., nursing home (semi-private room) | $138,335/year |
| Long-term care facility, e.g., nursing home (private room) | $147,643/year |
Source: Genworth
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If the Review Finds a Departure From Accepted Care
When a medical review concludes that a stroke was missed or mismanaged in a way that fell below the accepted standard of care, the next conversation is about the steps you want to take. You can either take the information and use it to seek closure, or you can take that information and fight for legal accountability. We support either decision you make and can help you through both situations.
Who May Bear Responsibility
Depending on what the review uncovers, responsibility could rest with the individual physician who evaluated the patient, the emergency department’s staffing or protocols, the hospital system as a whole, or some combination of these. Part of building a case is identifying, specifically, where the breakdown occurred.
What the Process Aims to Secure
A legal case isn’t about punishment. It’s about making sure a family has the resources it actually needs going forward: ongoing medical care, rehabilitation, lost income, home modifications, and long-term financial stability for someone whose life changed because of a preventable delay.
What You Can Do Right Now
Even before you decide whether to move forward, it helps to preserve what you have: medical records, discharge paperwork, imaging discs, and a written timeline of what happened and when, including notes from any conversations with providers.
Memory fades faster than most people expect, and a current record is one of the most valuable things a family can hold onto.
Why North Dakota Families Want Newsome Law on Their Side
A stroke misdiagnosis lawyer from our firm starts every case the same way: by listening, without assuming we already know what happened. From there, we coordinate the medical review with genuinely independent experts, not in-house reviewers with an incentive to find fault. You’ll have direct access to your attorney throughout; we intentionally keep our caseload limited so that doesn’t become a hollow promise. You stay in control of every decision about how your case proceeds.
Our team has experience with complex stroke and catastrophic injury litigation, and like most firms handling these cases, we don’t charge a fee unless we recover compensation for you.
Let’s Start With Understanding
You don’t need to have decided anything yet. The purpose of a first conversation is simply to help you understand what happened to your loved one medically and, if it’s relevant, legally. It’s free, it’s confidential, and there’s no obligation attached to it. If you’re ready to talk, Newsome Law is here.
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