You want reliable information about your loved one’s condition and your family’s rights, and you want them as soon as possible. This article is a good place to start. Here, you will find answers to many common questions that families ask after a stroke. You are also welcome to reach out to us directly with additional questions and concerns.
What Is a Stroke, and How Does it Happen?
A stroke occurs when the brain is deprived of blood. There are two ways that this can happen. With an ischemic stroke, blood flow to the brain is blocked, usually by a blood clot. A hemorrhagic stroke happens when a blood vessel in the brain breaks open.
Ischemic strokes are far more common than hemorrhagic strokes. Both are life-threatening emergencies and should be taken seriously by the patient, their family, and their providers.
Can You Prevent a Stroke?
There is no way to guarantee you will never suffer a stroke. Certain lifestyle changes, like quitting smoking and eating a healthy diet, can reduce the risk. Those with certain medical conditions, such as diabetes or high blood pressure, may be at increased risk. If you have any concerns, you can ask your doctor for advice.
In rare cases, a violent head injury can cause a stroke. If you or a loved one are in any sort of accident, such as a car crash, protect yourselves by seeing a doctor right away.
What Are the Stroke Symptoms That You and Your Loved One’s Doctors Should Look For?
Stroke symptoms typically present quickly and without warning. You can remember the “classic” symptoms with the acronym FAST:
- F is for face drooping: The person’s face may appear uneven, with one side lower than the other.
- A is for arm weakness: One side of the person’s body may lose strength.
- S is for speech: The person may have trouble speaking clearly.
- T is for time: Prompt diagnosis of a stroke is vital to the person’s health and safety, so if you notice the previous three symptoms, call 911 immediately.
This acronym can be helpful, but bear in mind that not all strokes present with these symptoms. Other symptoms may include numbness, trouble walking or keeping balance, and trouble seeing. Any sudden, unexplained change in your loved one’s condition is cause for concern and should be checked by a doctor.
At the hospital, explain to your loved one’s provider exactly what happened and what your concerns are. The provider can diagnose a stroke by running a series of imaging and/or blood tests. They should ask about your loved one’s medical history and perform a physical examination to assess their current condition.
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What Happens if Your Loved One’s Stroke Symptoms Disappear?
Even if your loved one seems to improve on their own, that does not mean the danger has passed. Transient ischemic attacks (TIAs) are “ministrokes” that, in about a third of all cases, indicate the patient is going to have a stroke, possibly very soon.
Your loved one’s doctor should know about the dangers of TIAs and take appropriate action, including running tests and keeping your loved one under observation. Allowing your loved one to go home too soon or without taking proper precautions could put them in grave danger.
In a situation like this, it is natural to feel powerless, but do not be afraid to push back if the doctor does not seem to be taking the situation seriously. Your loved one is entitled to a certain standard of care, and you have every right to make sure they get it.
Timely Stroke Treatment Is Essential
The first hours after a stroke are the most critical. Treatment can and should begin even before the patient arrives at the hospital: the EMTs in the ambulance can take the first steps towards diagnosing and addressing a stroke.
At the hospital, the providers there should act swiftly to complete the tests described above and decide on a care plan. Treatment options may depend on what type of stroke your loved one is diagnosed with:
- An ischemic stroke can often be effectively treated with medication.
- A hemorrhagic stroke may require surgery.
If a provider diagnoses a stroke quickly enough, they are often able to prevent significant long-term damage.
Once the immediate danger has passed, your loved one may require physical therapy, speech therapy, medication, and other treatments to help them recover and to deal with the trauma of having experienced a life-threatening medical event.
What Happens if a Doctor Fails to Diagnose a Stroke?
In a worst-case scenario, failure to diagnose and treat a stroke can be fatal. Patients who survive may be left with an acquired brain injury that causes permanent physical or intellectual impairment. Some may develop locked-in syndrome, a devastating condition that causes near-total paralysis.
Each of these outcomes is catastrophic for both the patient and their family. Even if your loved one survived, they may never be the same. It is normal to feel grief and to question every decision you made after the stroke. Let yourself feel these things. Acknowledging your feelings and sharing them with others is all part of the healing process.
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How Do Stroke Misdiagnoses Happen?
Sometimes, failure to diagnose a stroke is no one’s fault. There is still so much we do not know about the human brain. As painful as it is, families and providers can do everything right and still be unable to prevent catastrophic damage.
Unfortunately, there are some cases where the providers make a life-altering error. Many providers are overworked, so they do not always spend as much time with each patient as they should. This can cause them to overlook warning signs.
Treating a stroke is often a team effort, meaning that multiple doctors will be involved in your loved one’s care. This can be a good thing, as providers can pool their expertise—but only if they communicate quickly and effectively, which does not always happen in a busy hospital.
Circumstances like these can lead to a failure to run appropriate tests, to accurately read the test results, to really listen to and address patient concerns, or to monitor the patient as closely or as long as they should.
Stroke Misdiagnoses Devastate Families
Brain injuries, locked-in syndrome, and other complications put families in an unbearable situation. Your loved one has experienced extreme and unnecessary physical and emotional pain. They may have trouble with basic tasks that were once simple, like walking around the house or communicating with others. They may or may not be able to regain these skills.
You and other close relatives of the patient are suffering as well. You may have had to take time away from work to care for your loved one, and you are likely worried about paying for expensive treatments that may push your family into debt. This is all on top of having to watch someone you love struggle.
Our legal team understands the devastating impact of a stroke misdiagnosis. You should not have to fear the future. If you want help planning your next move, we are always here to review your options without placing you under any obligation or pressuring you into filing a claim or lawsuit.
What Actions Should Your Family Take After a Stroke Misdiagnosis?
After your loved one has received an accurate diagnosis and started medical care, it is a good idea to start preserving evidence of their condition and of the treatment they did or did not receive. Materials like the following can all help you get to the truth of what happened and ensure your loved one receives proper care from now on:
- Medical records
- Medical bills and receipts
- Before-and-after photos of your loved one
- Email exchanges or other communications with your loved one’s provider
If you are unsure if a particular document is relevant to your case, keep it until you can ask us about it.
You can also protect yourself by speaking to a stroke misdiagnosis lawyer. We can help you decide if legal action is right for you and, if so, discuss how to approach your case.
Who Do You Sue for a Stroke Misdiagnosis?
Your loved one’s doctor failed to provide an acceptable standard of care, so they will likely be the main defendant in any lawsuit you file. If the facility they worked for also exhibited negligence, you may be able to sue the facility as well.
The idea of suing a doctor gives some families pause. After all, the doctors are the experts: why should you second-guess them?
The truth is that everyone, including doctors, makes mistakes. Sometimes, those mistakes lead to irrevocable brain injuries. By seeking answers, you are not being unreasonable or vengeful: you are exercising your rights and protecting other families from experiencing the kind of pain that yours is now going through.
What Do Stroke Misdiagnosis Lawyers Do for Families Like Yours?
The short answer is that our attorneys do everything possible to ensure your financial stability. Once you hire us, you do not have to handle any legal task on your own. You will be free to focus solely on your family while our law firm collects additional evidence, identifies and confronts liable parties, and fights hard for a fair settlement.
Along the way, we will keep you apprised of what is happening and what we are doing for you.
You never have to feel alone or in the dark. Hiring a legal representative means always having someone on your side to provide honest case updates, offer easy-to-understand advice, and manage the day-to-day tasks required to keep your case moving smoothly.
Will Your Stroke Misdiagnosis Case Go to Trial?
Going to trial is a possibility. In high-value cases, such as those involving permanent disabilities, insurance companies may be especially reluctant to pay what the victim and their family need. If that happens, it is sometimes necessary to take the liable party to court and let a jury decide the outcome
That said, insurers often want to avoid the time and expense of a trial, especially if you have a strong case. They may therefore be willing to negotiate a settlement.
Ultimately, whether or not your case goes to trial depends on the specifics of your case.
Will Your Stroke Misdiagnosis Lawyer Represent You at Trial?
Newsome Law is always ready to go to trial. We prepare every case as if it will end up in front of a judge and jury. This allows us to build stronger cases and better protect our clients.
What Does Your Family Stand to Gain by Filing a Stroke Misdiagnosis Claim?
Some families may prefer to focus on their loved one and the future than on a legal case. This is understandable, and you have every right to decide for yourself if filing a claim or lawsuit is the right move for you.
Our law firm will never push you into doing anything you feel uncomfortable with. Instead, if and when you reach out to us, we will thoroughly review your situation and let you know how your family could potentially benefit from legal action, should you choose to go that route.
You Could Recover Your Economic Losses
One of the key benefits of taking legal action after a stroke misdiagnosis is being able to recover money for all required treatments, such as:
- Hospitalization
- Diagnostic tests
- Medication
- Therapy and rehabilitation
- Assistive devices
- Home nursing
You could also recover compensation for lost wages. For example, if the stroke leaves your loved one unable to go back to work, or if you have to reduce your own working hours to care for your loved one, we can seek reimbursement for these losses.
Misdiagnosis-Related Pain and Suffering Is Also Compensable
Based on the physical and emotional suffering caused by medical malpractice, your family could be entitled to compensation for physical pain and disability, mental distress, loss of consortium, and reduced quality of life.
Filing a Lawsuit After a Stroke Misdiagnosis Can Protect Your Community
In addition to providing monetary benefits, your lawsuit sends a signal to healthcare providers: there are consequences for failing to provide the accepted standard of care, and your family is willing to fight for the justice you deserve.
How Much Is a Stroke Misdiagnosis Case Worth?
Your case’s value reflects all relevant past, present, and future losses.
Stroke misdiagnosis cases are often complicated and involve many high-value damages, which can make it more difficult to accurately assess their worth. If you do choose to hire a lawyer, make sure they have handled stroke misdiagnosis cases before. This way, you can be sure they are up to the challenge.
How Soon After a Stroke Misdiagnosis Should You Take Legal Action?
Once your loved one is medically stable and receiving any care they need, you can safely consult an attorney about your rights. Usually, evidence is easier to find when the medical malpractice is still recent, so it is better not to let too much time pass before you request a legal review.
We know how intimidating this sounds, so let us reiterate that we are not here to pressure you. Our job is to provide you with the information you need to make your own decisions. That includes helping you weigh your options and make a choice on your own terms.
The more information you have, the better prepared you will be to make the best possible decisions when the time comes. You deserve to feel confident and at ease with whatever decision you make as your family builds a new future together.
Your Family Deserves Stability After a Stroke Misdiagnosis
Dealing with the consequences of a stroke misdiagnosis can be overwhelming, but you do not have to shoulder the burden alone. Newsome Law is not just there for you: we are there with you. Call and get a free, confidential consultation whenever you are ready to talk.
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