Making Sense of a Possible Stroke Misdiagnosis
When a patient arrives at the hospital with possible stroke symptoms, multiple providers must work together to take appropriate action and make an accurate diagnosis. This generally involves:
- A physical examination, including assessment of symptoms
- A review of the patient’s medical history, with particular attention to prior strokes or other risk factors
- Imaging scans to determine whether there is a clot or bleeding in the brain
The providers who conduct these assessments must then consult with each other about the results. Many strokes are treatable if caught in time. Medication to break up a clot, or surgery performed within a few hours of the stroke, can often prevent long-term damage.
Prompt action could mean the difference between your loved one returning to their old routine and spending the rest of their life learning to live with severe disabilities.
When the Signs Are Missed
Stroke misdiagnosis can happen for a number of reasons:
- Symptoms are sometimes mistaken for other conditions. Brainstem strokes in particular may not present with the classic warning signs most providers are trained to recognize.
- Imaging may be delayed or never ordered.
- Patients may be discharged too early, before a stroke has been ruled out.
- Neurology may not be consulted when it should be.
- A transfer to a more capable medical center could have been unnecessarily delayed. Per the Brain Attack Coalition and the Joint Commission, transfers should occur in less than 120 minutes after a patient checks in. Pennsylvania’s median door-in-door-out transfer time is 126 to 131 minutes for acute ischemic stroke eligible for endovascular therapy and 168 to 193 minutes for other acute ischemic stroke, according to JAMA.
It should also be said: not every stroke misdiagnosis involves malpractice. There is still much we do not understand about how the brain works and how strokes happen. Even providers who follow standard protocol can run out of time to correctly diagnose a stroke and apply appropriate treatment.
But some strokes do go undiagnosed because of a provider’s failure to meet the accepted standard of care. They may spend too long debating among themselves what to do. They may misread test results and miss what should have been clear signs. They may decide, based on an incomplete assessment, that further testing is unnecessary. They may send a patient home too quickly instead of keeping them under observation.
The difference between those two situations—bad outcome versus preventable harm—is exactly what a legal and medical review is designed to determine.
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 Lawyer Actually Does in These Cases
Many families find the prospect of talking to a lawyer intimidating, especially if they have never had reason to speak to one before. Understanding what a legal review actually involves can help put that concern to rest.
What to Expect When You Reach Out
Your legal review starts when you contact the firm. A member of the team will listen to what happened and collect your loved one’s medical records and imaging. If you have already requested those records, bring them. If not, the firm can request them on your behalf.
Those records are then reviewed alongside independent medical experts who can assess the care your loved one received and compare it against accepted standards.
By the end of the review, the firm will be able to tell you whether and how the care your loved one received may have fallen short, and what that means for your family going forward. Every question you have will be answered. The consultation is free and places you under no obligation to take any further action.
Sometimes the review confirms that providers acted appropriately despite a tragic outcome. That clarity has value too. Families who learn there was no malpractice can still face the future with a greater sense of peace and control.
What the Review May Find
If a patient is not treated in time, a stroke can cause significant and lasting injury. Some people struggle with long-term memory or cognitive issues. Others are left with physical disabilities or paralysis. These patients may regain some lost skills over time, but, in many cases, the losses are irreversible.
In the most severe cases, a patient may be diagnosed with locked-in syndrome, a rare but devastating condition in which the patient retains full cognitive function but is unable to move any part of the body, except, in many cases, their eyes.
Any loss of ability is difficult to adjust to. But it is equally important to know that many stroke survivors, including those with locked-in syndrome, go on to live long and meaningful lives. With time and patience, families find new ways to connect and spend quality time together.
What the Review Examines
The review examines the full picture of care your loved one received, from arrival to discharge, and measures it against what accepted medical practice would call for. When the review identifies a departure from that standard, it becomes the foundation for understanding whether malpractice played a role.
Responsibility, when it exists, may rest with an individual provider, an emergency department, a hospital system, or multiple parties.
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From Answers to Action
A legal review is not a legal action. It does not obligate your family to file a claim or pursue a lawsuit. You can decide to stop after the review and take no further action. That is entirely your choice.
For families who do decide to move forward, a legal case is built directly from the review findings. The goal is not punishment. It is securing the resources your family may need for the costs of care.
| Type of Care | Estimated Cost in Pennsylvania |
| Private duty nurse (hourly rate) | $71/hour |
| Private duty nurse (visit rate) | $200/visit |
| Long-term care facility, e.g., nursing home (semi-private room) | $11,900/month |
| Long-term care facility, e.g., nursing home (private room) | $13,600/month |
Source: CareScout
Steps You Can Take Right Now
While you are deciding what to do, there are steps you can take to preserve important information:
- Request your loved one’s medical records and imaging discs.
- Write down a timeline of events as you remember them.
- Hold onto any discharge paperwork or notes from conversations with providers.
Your attorney would handle the legal process from there and keep you informed from start to finish. You would not need to take significant time away from your family or your job.
A Team That Starts by Listening
We start by learning more about you and your experience. From there, we coordinate the medical review with qualified, independent experts, maintain direct attorney access throughout, and keep your family in control of every decision. The firm has experience with complex stroke and catastrophic injury cases, and charges no fees unless compensation is recovered.
We know that nothing can restore your loved one’s health or give you your old life back. That is not what seeking a legal review is about. Our team provides clarity, helping families understand what happened and empowering them to make their own decisions about the future.
Call When You Are Ready for Answers
If you want answers, Newsome Law is here to listen. We offer free, confidential consultations with no obligation to proceed. Reach out whenever you are ready.
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