A stroke is a sudden interruption of blood flow to the brain, and the window for effective treatment is narrow. When doctors fail to diagnose a stroke promptly, or misidentify it as something else, the consequences can include permanent brain damage, severe disability, or even death. If you or a loved one suffered serious harm due to a missed or delayed stroke diagnosis in Pennsylvania, the medical malpractice lawyers at Kline & Specter may be able to help evaluate your legal options.
Kline & Specter is one of the few law firms in the United States that includes doctor-lawyers (attorneys who are also licensed physicians), and that combination of medical and legal knowledge informs how the firm approaches complex stroke misdiagnosis cases.
Why Are Strokes So Often Misdiagnosed?
Stroke diagnosis can be challenging because the condition does not always present in a predictable way. Symptoms may be subtle or intermittent, or overlap with other conditions. Even so, medical providers are expected to apply a standard of care that accounts for these diagnostic challenges. When they fall short of that standard and a patient suffers harm as a result, the failure may support a medical malpractice claim.
Common reasons doctors fail to diagnose a stroke in time include:
- Failure to order or promptly review imaging studies, such as CT or MRI scans
- Misinterpretation of imaging results by radiologists or treating physicians
- Dismissal of symptoms as minor or attributable to a less serious condition
- Inadequate review of the patient's risk factors, including high blood pressure or prior stroke history
- Delays in consulting neurology or failing to activate stroke protocols
What Conditions Do Doctors Mistake for a Stroke ("Stroke Mimics")?
Certain conditions can produce neurological symptoms similar to those of a stroke, and physicians sometimes attribute stroke symptoms to these alternative diagnoses without adequately ruling out a vascular event involving abnormal blood clotting or vessel rupture. Common stroke mimics include migraines with aura, vertigo, hypoglycemia, seizure disorders, and complex presentations of inner ear dysfunction. When a clinician anchors on one of these alternatives and does not follow through with appropriate imaging or specialist consultation, a true stroke may go undetected until significant brain cell damage has occurred.
A stroke diagnosis becomes more difficult (and misdiagnosis more common) when patients present with atypical symptoms or when initial symptoms temporarily improve. Sometimes the clinical picture is also complicated by other conditions.
Who Is at Greatest Risk of Stroke Misdiagnosis?
Research suggests that stroke misdiagnosis occurs more frequently in certain patient populations. Younger adults are at elevated risk, because the assumption that only older patients suffer a stroke can lead providers to overlook warning signs in younger individuals whose symptoms may be more readily attributed to anxiety, migraine, or other non-vascular causes.
Patients presenting with headache, dizziness, or nausea rather than classic motor or speech deficits are also more frequently misdiagnosed. Women and minority patients have been identified in the medical literature as populations that may experience disparities in stroke recognition and timely treatment.
The Consequences of a Missed or Delayed Stroke Diagnosis
When medical professionals do not diagnose and treat a stroke within a critical window, brain cells continue to die. Two million neurons can be lost every minute during an active stroke event. Delays in diagnosis can eliminate treatment options that vary depending on the type of stroke involved, such as administering clot-dissolving medication or performing endovascular intervention, treatments that when administered in time may substantially reduce the extent of permanent damage.
The long-term consequences of a delayed or missed stroke diagnosis can include:
- Permanent paralysis or weakness on one side of the body
- Loss of speech or language comprehension
- Cognitive impairment or memory loss
- Vision loss or other sensory deficits
- Inability to work or perform basic activities of daily living
- Wrongful death
These outcomes carry significant financial consequences as well, including long-term care costs and lost earning capacity.
When Does a Missed Stroke Diagnosis Become Medical Malpractice in Philadelphia?
Missed diagnoses don’t always constitute medical malpractice. To support a viable claim under Pennsylvania law, it is generally necessary to establish that the medical provider's conduct fell below the accepted standard of care, or what a reasonably competent provider in the same specialty would have done under similar circumstances, and that this deviation caused or materially worsened the patient's injury.
In cases involving misdiagnosis of a stroke, the deviation may involve a failure to perform a timely and adequate neurological assessment, an error in reading or ordering imaging, a premature discharge from an emergency department, or a breakdown in communication among members of the care team. Establishing these elements typically requires a thorough review of medical records and the analysis of qualified medical experts.
Who Can Be Held Liable for a Stroke Misdiagnosis?
A Philadelphia stroke misdiagnosis lawyer handling these cases sometimes finds more than one responsible party. Depending on the facts of the case, liability may extend to emergency medicine physicians, neurologists, hospitalists, radiologists, nursing staff, and the hospitals or health systems that employ them. In some cases, systemic failures such as inadequate staffing or deficient protocols may contribute to the outcome and form part of the basis for a claim.
What Compensation Can You Recover After a Stroke Misdiagnosis?
Individuals who have suffered serious harm due to a missed or delayed stroke diagnosis may be entitled to seek compensation for a range of losses. The available categories of recovery in medical malpractice cases in Pennsylvania include past and future medical expenses, lost wages and diminished earning capacity, the costs of long-term or rehabilitative care, and pain and suffering.
In cases involving wrongful death, certain family members may have the right to bring claims for the losses they have sustained as a result of their loved one's death. Each case hinges on its specific facts, and the value of a claim depends on the nature and extent of the harm involved.
The firm's record in stroke-related matters includes a $17.5 million jury verdict against the Veterans Administration, where an ex-Marine suffered a stroke following a dental procedure, as well as settlements of $25 million and $15 million in cases involving failure to administer clot-dissolving medication and medical care that caused a stroke in a middle-aged patient, respectively. Past results do not guarantee similar outcomes in future cases.
How Long Do You Have to File a Stroke Misdiagnosis Claim in Philadelphia?
Pennsylvania's statute of limitations for personal injury and wrongful death cases is usually two years from the date of (1) injury or (2) discovery of the harm and the reason for the harm. Claims involving minors may be filed until the claimant reaches age 20. There are some cases in which certain other rules apply to the statute of limitations. Given the frequent subtlety in assessing the statute of limitations and the time needed to investigate and prepare these cases, early legal consultation is advisable.
Kline & Specter provides free and confidential evaluations of potential cases. The firm handles matters in Pennsylvania, New Jersey, Delaware, and New York, and works with local counsel in other states as applicable.
Speak With a Philadelphia Stroke Misdiagnosis Lawyer Today
If you believe a delayed or missed stroke diagnosis caused serious harm to you or a family member, the medical malpractice team at Kline & Specter may be able to assess whether you have a viable claim. The firm includes doctor-lawyers with deep knowledge of the medical standards at issue in these cases, and a litigation record that includes some of the largest verdicts and settlements in stroke malpractice matters in Pennsylvania.
Contact us through our online contact form for a confidential case evaluation.
