Stroke Misdiagnosis Lawyer

Suffering from injury or harm due to a healthcare professional not diagnosing a stroke correctly?

A stroke misdiagnosis can be traumatic and result in severe consequences.

Working with Chicago Medical Malpractice Lawyers is the first step towards getting compensation for your pain. 

We’ll work with you to assess your case and the circumstances surrounding it and advise you on all available legal options.

Our attorneys understand stroke misdiagnosis cases and will take on every aspect of your claim, ensuring that your needs and those of your loved ones will be taken care of in a timely fashion. 

Stroke Misdiagnosis Medical Malpractice Claims: Can A Stroke Be Misdiagnosed?

Yes, a stroke can be misdiagnosed.

Misdiagnosis can occur for various reasons, including atypical presentation, similarities to other conditions, or errors in interpretation of diagnostic tests.

If you suspect you suffered from a stroke that was misdiagnosed or incorrectly diagnosed, then you may have a legal claim to compensation.

Our Experience With Stroke Misdiagnosis Lawsuits

We’re a Chicago-based wrong diagnosis law firm specializing in medical malpractice with extensive experience representing clients in cases involving stroke misdiagnosis and related injuries. 

We have successfully litigated numerous cases where patients suffered harm due to false or incorrectly diagnosed strokes and related complications, securing compensation for medical expenses, lost wages, and pain and suffering. 

Our expertise in this area often involves collaborating with medical experts to uncover negligence and advocate for their clients’ rights. 

We focus on clients in Chicago, Illinois, and the surrounding areas. 

Some examples of medical malpractice cases we’ve helped recovered include a $1,250,000 settlement in connection with a confidential medical malpractice case.

What Is A Stroke Misdiagnosis?

A stroke misdiagnosis occurs when a stroke is incorrectly identified as another condition or when another condition is mistakenly diagnosed as a stroke.

This can happen due to a variety of factors, including atypical presentation of symptoms, similarities to other medical conditions, or errors in diagnostic processes.

How Often Are Strokes Misdiagnosed?

Approximately one in ten strokes are misdiagnosed, at least initially, according to research from the Northwestern School of Medicine.

Why Is A Stroke Misdiagnosis So Serious?

A stroke misdiagnosis is serious for multiple reasons.

• Delayed Treatment. Prompt treatment, especially for ischemic strokes, is crucial. Delays can lead to increased brain damage and worse outcomes.

• Inappropriate Or Wrong Treatments. Misdiagnosing a stroke can result in administering inappropriate treatments, which can worsen the patient’s condition or cause complications.

• Increased Risk of Complications. Delayed or improper treatment can lead to more long term damage like severe neurological deficits, increased disability, or even death.

• Emotional and Psychological Impact. Misdiagnosis can lead to confusion, anxiety, and stress for patients and their families, compounding the challenges of recovery.

• Missed Preventive Opportunities. Failing to recognize a transient ischemic attack (TIA) or stroke means missing the chance to implement preventive measures to reduce the risk of future strokes.

Accurate and timely diagnosis of strokes is essential to minimize brain injury and improve patient outcomes.

Misdiagnosis can have significant, long-lasting consequences for stroke victims.

How Could A Doctor Misdiagnose A Stroke?

Some common reasons that strokes are misdiagnosed include:

1. Atypical Symptoms. Not all strokes present with the classic symptoms like sudden numbness, weakness, or difficulty speaking. Some strokes may cause symptoms that are less obvious, such as confusion, dizziness, or headaches, which can be mistaken for other conditions.

2. Mimicking Conditions. Several medical conditions can mimic the symptoms of a stroke, including migraines, seizures, hypoglycemia (low blood sugar), Bell’s palsy, infections, or even psychological conditions like anxiety. These can lead to a misdiagnosis if the symptoms are not carefully evaluated.

3. Errors in Diagnostic Testing. Imaging tests like CT scans or MRIs are crucial for diagnosing strokes, but they can sometimes be misinterpreted, especially in the early stages. Small strokes or those in less common locations might be overlooked.

4. Inadequate Medical History. A thorough medical history is essential for an accurate diagnosis. In emergency situations, if a patient cannot communicate effectively or if there is a lack of available medical history, it can complicate the diagnosis process.

5. Delay in Seeking Care. If there is a delay in seeking medical care after stroke symptoms begin, it can lead to a misdiagnosis. Symptoms might subside or change over time, making it harder for healthcare providers to identify the stroke.

Accurate and timely diagnosis of a stroke is critical for effective treatment and minimizing long-term damage.

If there are concerns about a potential misdiagnosis, seeking a second opinion or further diagnostic testing can be beneficial.

What Types Of Strokes Are Commonly Misdiagnosed?

Strokes can be misdiagnosed in several ways, often depending on the type of stroke and the presenting symptoms.

Here are the main types of strokes that may be misdiagnosed:

• Ischemic Stroke. Caused by a blockage in a blood vessel, ischemic strokes lead to reduced blood flow to the brain. The symptoms can be similar to those of migraine sufferers or the postictal confusion and weakness that follows seizures.

• Hemorrhagic Stroke. These are caused by bleeding in or around the brain. The symptoms can resemble those of a traumatic brain injury or even meningitis and include headache, confusion, and neck stiffness.

• Transient Ischemic Attack (TIA). A temporary blockage that resolves quickly, often called a “mini-stroke.” Symptoms such as dizziness and confusion can be mistaken for anxiety, while vestibular disorders or conditions affecting balance may mimic TIA symptoms.

• Brainstem Stroke. These strokes occur in the brainstem and can affect vital functions like breathing and heart rate. Symptoms can be misattributed to inner ear disorders like vertigo and the associated neurological deficits can be confused with multiple sclerosis (MS) flare-ups.

• Cortical Stroke. Cortical strokes Involve the outer layer of the brain and can affect motor and sensory functions. Psychological issues like conversion disorder may lead to physical symptoms resembling a stroke. Disorders like Parkinson’s disease may be misdiagnosed due to overlapping symptoms.

What Are The Signs Of A Stroke Misdiagnosis?

Signs of a stroke misdiagnosis include persistent symptoms like weakness, numbness, or speech difficulties that don’t improve with treatment for other conditions. 

Atypical symptoms such as confusion, dizziness, or severe headache, which are not typical for a diagnosed condition, may also indicate a misdiagnosis. 

Lack of improvement after medical treatment, especially when stroke risk factors are present, can raise concerns. 

Additionally, if family members feel something is wrong despite a diagnosis or if a second opinion suggests a different condition, further evaluation is warranted.

What Happens If A Stroke Is Misdiagnosed?

If a stroke is misdiagnosed, the patient may experience delayed treatment, which can lead to increased brain damage and worse outcomes.

Inappropriate treatments for the wrongly diagnosed condition may worsen the patient’s health or cause new complications. 

The lack of timely intervention can result in more severe neurological deficits, increasing the risk of long-term disability.

Emotional stress and confusion for both patients and their families may arise, complicating recovery. 

Finally, missed opportunities for preventive measures could lead to future strokes. 

Can You Sue A Doctor For Not Diagnosing A Stroke?

Yes, you can sue a doctor for not diagnosing a stroke if it can be shown that the doctor acted negligently.

To succeed in a medical malpractice case, you typically need to prove these four elements:

1. Duty Of Care. The doctor had a responsibility to provide competent care.

2. Breach Of Duty. The doctor failed to meet the standard of care expected, such as not recognizing stroke symptoms.

3. Causation. This negligence directly caused harm or worsened the patient’s condition.

4. Damages.There were measurable damages, such as medical expenses, lost wages, or pain and suffering.

It’s important to consult a legal professional with experience in stroke misdiagnosis malpractice claims to evaluate the specifics of your case and determine the best course of action.

Stroke Misdiagnosis Medical Malpractice Claim Lawsuit FAQs

Get answers to your questions about stroke misdiagnosis malpractice lawsuits from our medical malpractice attorneys.

How Is A Stroke Misdiagnosis Proven In Malpractice Cases?

Malpractice cases involving any kind of incorrect diagnosis require certain evidence.

Typically, this involves demonstrating that the medical professional(s) involved failed to adhere to the accepted standard of care during the procedure. 

This failure is proven via expert testimony from neurologists, neurosurgeons, or related specialists, medical record review to identify deviations from protocol, and the establishment of a clear causal link between the error and the resulting injury through medical analysis and documentation.

What Medical Records Are Needed For A Stroke Misdiagnosis Malpractice Lawsuit?

Some examples of key evidence in a stroke misdiagnosis lawsuit includes medical records detailing the diagnosis and any associated procedures, any tests performed and the associated results, evidence of any complications, and subsequent treatments planned and performed. 

Expert testimony from neurologists, neuroradiologists, neurosurgeons, or other relevant medical specialists is often critical for establishing the standard of care and identifying deviations. 

Documentation demonstrating the link between the error and the resulting injury, such as medical evaluations and patient testimony, also strengthens the case for negligence and damages.

Is There A Statute Of Limitations On Stroke Misdiagnosis Lawsuits In Illinois?

Yes, there is a statute of limitations on stroke misdiagnosis lawsuits in Illinois.

Individuals unable to resolve their malpractice claim against the at-fault provider’s medical malpractice insurance policy can file the claim as a medical malpractice lawsuit, which is a formal request for a judge or jury to hear the case and make determinations about liability and compensation.

To protect this right, the claimant must file their lawsuit within 2 years of the date on which they knew or—through “reasonable diligence”—should have known they experienced an injury due to a medical error.

Even if there was a delay in determining the error occurred, claimants only have a maximum of 4 years from the date of the error to file a lawsuit.

There are some exceptions, however, such as claims involving minor children, in which parents or guardians of the child have up to 8 years to file the claim, or the child is granted the ability to file the claim themselves within 4 years of reaching the age of majority (which means they must file the claim before their 22nd birthday).

While it seems like an arbitrary number, this deadline (known as the statute of limitations) is one of the most critical aspects of your claim.

Failing to file a lawsuit during this time frame will usually bar the claimant from using the court process to seek compensation for the expenses and impacts they incurred due to the error.

If the statute of limitations has expired, the at-fault provider’s insurance company will likely refuse to compensate the claim as well, as they no longer face litigation if they do not.

What Kind Of Compensation Can I Expect From A Successful Stroke Misdiagnosis Lawsuit?

In a successful lawsuit for a stroke misdiagnosis or similar claim, your financial compensation typically covers medical expenses related to treating the injury caused by the malpractice, including surgeries, rehabilitation, and ongoing medical care. 

Additionally, your compensation may include reimbursement for lost income due to the injury plus damages for pain and suffering endured as a result of the malpractice. 

The exact amount of compensation you may receive in a stroke misdiagnosis malpractice lawsuit is based on factors such as the severity of the injury, the impact on your or the patient’s life, and applicable laws in your jurisdiction.

How Can A Medical Malpractice Lawyer Assist Me With A Stroke Misdiagnosis Claim?

Being diagnosed with and treated for a stroke can be traumatic — and so are medical malpractice claims. 

An experienced attorney who understands the legal process, the types of expenses and impacts you are dealing with, and the type of compensation needed to compensate those costs fairly is crucial to obtaining the compensation you need.

In addition to providing the guidance you need to make decisions that reflect your best interest, your attorney and their legal team can also offer services such as:

• Determining who was liable for the error.

• Establishing a value to the claim.

• Managing communication with the malpractice insurance provider.

• Negotiating a settlement that fairly compensates you for your injury.

• Gathering the evidence and eyewitness or expert witness needed to prove your claim in court.

• Litigation services pertaining to the representation of your case to a judge or jury.

• Assistance in obtaining the proceeds of your negotiated settlement or court award.

Find Medical Malpractice Lawyers In Chicago, Illinois

Did you or a loved one suffer from a stroke misdiagnosis or similar issue that occurred in Illinois?

If you are located in Chicago or the surrounding areas, contact the Chicago Medical Malpractice Lawyers today.