The Questions Families Are Usually Sitting With
Most people who contact us aren’t sure they have a case. They’re sure they have questions.
Some of them are clinical:
- Was the imaging done in time?
- Should someone have called a specialist sooner?
- Was what happened in that emergency room consistent with how a stroke is supposed to be evaluated?
Others are more personal:
- Did my mother suffer more than she had to?
- Did my husband’s outcome have to be this severe?
A medical review can answer the clinical questions. Independent physicians—people with no relationship to the treating providers—examine the records, the imaging, and the documented decision-making to assess whether the care fell within accepted professional standards.
That assessment is honest in both directions. Sometimes it finds that providers did everything right in an impossible situation. That conclusion is genuinely useful; it closes a question that might otherwise stay open for years. When the review finds a decision that falls short of what the standard requires, families have the information they need to decide what comes next.
Getting to that point starts with a conversation, not a commitment.
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 Stroke Gets Missed, and What the Review Looks For
Stroke is among the most time-sensitive conditions in medicine. The treatments that can limit or reverse brain damage are only available within narrow windows that close, whether or not a diagnosis has been made. When the diagnosis comes late, or not at all, those windows close with it.
The circumstances that lead to a missed stroke diagnosis vary, but a few patterns appear often enough to be worth discussing.
Misdiagnosis or Failure to Diagnose
Posterior circulation strokes, which affect the brainstem and cerebellum, are the most frequently misdiagnosed.
They rarely cause the facial drooping or arm weakness that people associate with stroke. Instead, they tend to produce dizziness, vomiting, unsteady gait, slurred speech, or double vision. These symptoms overlap with vertigo, inner ear infections, and other far less urgent conditions.
In a busy emergency department, that overlap creates real diagnostic risk.
A Failure to Order Imaging or Keep a Patient for Observation
Beyond symptom presentation, the review looks at the sequence of decisions: whether imaging was ordered and when, whether a neurologist was brought in, and whether a patient with resolving symptoms was kept for observation or discharged.
Each of those decisions can be evaluated against what the standard of care requires, not what a perfect physician might have done, but what a reasonably competent one should have done given the same presentation and the same information.
A Failure to Transfer to a Comprehensive Stroke Center in Time
Vermont’s landscape adds another dimension. Much of the state is rural, and patients outside Burlington or other larger areas often arrive first at a hospital without dedicated stroke resources. From there, a transfer to a comprehensive stroke center may be necessary.
A 2023 study in JAMA measuring door-in-door-out time—the window between a patient’s arrival at a transferring hospital and their departure for a higher-level facility—found Vermont’s median transfer times range from 132 to 144 minutes for stroke patients eligible for endovascular therapy, and 115 to 167 minutes for other acute ischemic stroke patients. The recommended target is less than 120 minutes. What happened in the gap between arrival and transfer is something the review can examine.
The outcomes when a stroke goes unrecognized range from partial recovery with lasting deficits to catastrophic, permanent disability or even death. Locked-in syndrome, in which a person retains full cognitive awareness but loses almost all voluntary movement, is one of the most severe consequences and has been documented in cases involving delayed or missed diagnosis of posterior circulation stroke.
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If We Find Something, Here’s What Follows
A review that uncovers a departure from the standard of care becomes the foundation for a legal claim, but only if that departure caused harm that wouldn’t otherwise have occurred. Both things have to be true. The review is how you establish the first; medical causation analysis addresses the second.
Responsibility in stroke misdiagnosis cases isn’t always where families expect it to be. It may fall on an individual physician, an emergency department as a whole, a hospital system, or some combination. The review shapes that analysis.
What a legal case is designed to recover reflects what permanent disability actually costs: care at home or in a facility, rehabilitation, adaptive equipment, modifications to living spaces, and wages lost because the person can no longer work, or because a family member left work to provide care. For stroke survivors with severe outcomes, these are not short-term expenses.
| Type of Care | Estimated Cost in Vermont |
| Private duty nurse (hourly rate) | $153/hour |
| Private duty nurse (visit rate) | $175/visit |
| Long-term care facility, e.g., nursing home (semi-private room) | $169,360/year |
| Long-term care facility, e.g., nursing home (private room) | $186,333/year |
Source: CareScout Cost of Care Survey
A legal recovery isn’t about making an institution pay. It’s about making sure the people who need long-term care can actually afford it.
Before anything else: gather what you have. Request the complete medical records from every facility involved. If imaging was done, request the actual image discs, not just the written reports. Write down everything you remember about what happened and what you were told, including conversations that felt significant at the time. Discharge paperwork and follow-up instructions belong in that file, too.
The sooner this is done, the better; details fade, and records occasionally do too.
What Working with Newsome Law Actually Looks Like
The first call isn’t a pitch. It’s a chance for us to understand what happened and for you to understand what a review would involve.
We limit the number of cases we take on so that the attorney assigned to your matter is genuinely available, not periodically reachable through a paralegal. You’ll have direct contact throughout. When something significant happens, you hear it from us directly.
The medical review is conducted by independent experts, chosen for their qualifications, not their conclusions. We don’t look for a physician who will say what we want to hear. We look for one who will say what the records show. If the review concludes the care was appropriate, we tell you that. If it finds something else, we walk you through what it means and what your options are.
We do not charge fees unless we recover compensation. The consultation costs nothing.
Talk to Us
The point of the consultation is to get you better information than you have right now. It isn’t a first step toward litigation; it’s a first step toward understanding. Some families who go through the review decide to pursue a claim. Others get the closure of knowing the care was sound. Both are outcomes worth having.
The review is free and confidential with no obligation to do anything next.
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