A misdiagnosis of a stroke claim for compensation is taken against the medical professionals responsible. If you or a loved one suffered the medical negligence of the misdiagnosis of a stroke, you may be able to seek compensation for the suffering caused. 

The medical professional, hospital and the NHS owe you a duty of care when you fall ill. If they breach that duty of care with the misdiagnosis of a stroke, you may have a claim for compensation. 

If a loved one cannot represent themselves, you or their family may be able to claim on their behalf. Your dependents can suffer in many ways, and a medical negligence claim can seek the compensation they deserve. 

A No Win No Fee medical negligence solicitor can make your stroke misdiagnosis claim for compensation when you suffer due to negligence by medical professionals.

Misdiagnosis of a Stroke Claim

What is a stroke misdiagnosis claim?

A stroke misdiagnosis claim is for compensation when you or a loved one suffers the complications of a stroke due to below-standard medical care by a GP, hospital doctor or other medical professional. 

Every medical professional owes their patients a duty of care when dealing with the possibility of a stroke. They must provide an acceptable level of care and not provide a medical service below that which no other medical professional acting professionally would provide. 

Medical negligence is medical care below that any other medical professional acting at an acceptable level would provide. In a stroke misdiagnosis case, the doctor has not provided you, or your father, mother, son, daughter, husband, or wife with acceptable medical care, missing the signs of a stroke and putting their lives in danger. 

Your No Win No Fee medical negligence solicitor can look at your case and see if you have a valid misdiagnosis of a stroke claim for compensation.

What is a stroke?

A stroke is when the blood supply to the brain is blocked or interrupted for a time due to clotting. The brain needs a constant supply of oxygen, which it gets from the bloodstream, and any interruption to the bloodstream stops the feed of oxygen, shutting down the affected part or parts of the brain.

The blood supply carries the oxygen and nutrients that keep the brain active, and your arteries carry blood throughout the body and up to the brain.

A stroke happens when an artery stops supplying blood to the brain.

There are two types of stroke:

  • Ischaemic stroke
  • Haemorrhagic stroke
two types of stroke

Ischaemic stroke

Ischaemic stroke is when there is a blockage in an artery carrying blood to the brain. The block or clot can be sudden or build up over time. Ischaemic stroke is responsible for around 80% of all strokes in the UK, and there are two types of Ischaemic stroke.

Embolic stroke is when the blood clot forms elsewhere in the body, usually in the heart, but it can also start in the limbs before moving into the brain. The blood clot will get stuck in a blood vessel in the brain and cause a stroke.

Thrombotic stroke happens when the clot forms in the already narrowed or damaged arteries within the brain. The clot blocks the blood supply to that part of the brain, and you suffer a stroke.

Haemorrhagic stroke

Haemorrhagic stroke is when an artery supplying blood to the brain bursts. Weak arteries supplying blood to the brain are the result of prolonged high blood pressure that will do damage throughout your life.

The subsequent interruption in blood supply to parts of the brain causes the stroke.

Your GP, A&E doctor and ambulance paramedic should know the signs of each type of stroke and make a quick diagnosis of your condition. 

To make a misdiagnosis of a stroke can have severe effects on your life now and in the future and may put your life in danger. 

A No Win No Fee solicitor can take your case and make a stroke misdiagnosis claim for compensation.

What is F.A.S.T?

F.A.S.T is the international guideline for diagnosing stroke and for the speedy treatment of those suffering a stroke.

Facial weakness: is the patient’s eyes or mouth drooping? Can they smile?

Arm weakness: can they lift their arms, and is one arm weak or drooping?

Speech difficulty: can the patient speak clearly, or is speech slurred and incomprehensible?

Time: time for action once you see the patient is experiencing any of the signs of stroke

Understanding FAST and using the guidelines with anyone showing signs of stroke can help save lives and reduce the potential effects of a stroke misdiagnosis.

international guideline for diagnosing stroke
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Common stroke misdiagnosis claims

Common stroke misdiagnosis claims range from not following standard tests for stroke known as the FAST guidelines to misreading a scan or simply diagnosing a bad headache instead of investigating for the beginnings of a stroke. 

Every stroke misdiagnosis claim comes from negligence by a medical professional. The breach of their duty of care missed the signs of a stroke, and you may have a stroke misdiagnosis claim. 

Common stroke misdiagnosis claims are:

GP misdiagnosis a stroke claim

The GP misdiagnosed a stroke when you presented with the obvious signs of one. Symptoms of a stroke include blurred vision and slurred speech, but not all strokes present as expected. 

Headaches, vomiting and other symptoms can also indicate a possible stroke. The GP should not ignore other stroke symptoms and cause the medical negligence of the misdiagnosis of a stroke. 

Your GP should carry out the FAST guidelines for diagnosing a stroke. Family history and your own medical history should also be considered when the GP is examining you.

A hospital doctor misread an MRI scan and gave a stroke misdiagnosis claim

A hospital doctor misread an MRI scan and gave a stroke misdiagnosis can happen in a busy A&E department or hospital ward. 

There is no excuse for misreading a CT or MRI scan, and every care should be taken with scans to avoid making a stroke misdiagnosis. 

The signs of a stroke on a scan may not be clear, but reading one in a hurry can cause a stroke misdiagnosis. Every scan should be carefully read, and any doubts checked with colleagues.

Errors in taking an echocardiogram claim

Errors in taking an echocardiogram make for a stroke misdiagnosis, which could be due to poorly trained staff or due to faulty equipment. The technician may also make an error, or the doctor may make a mistake in your notes when requesting the echocardiogram. 

An echocardiogram can detect stresses on the heart and situations leading to a stroke, such as potential blood clots and tightening of the arteries. 

If there are errors in taking an echocardiogram, the doctor could make a subsequent stroke misdiagnosis, causing long-term damage to the patient.

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The paramedic failure to follow FAST guidelines claim

The paramedic failure to follow FAST guidelines should not happen but can, and it is clear medical negligence. FAST guidelines are a very useful diagnostic tool, and when called to an emergency with stroke-like symptoms, the paramedics must implement them. 

Misdiagnosing a stroke victim can delay treatment and endanger their life. The FAST guidelines aid the quick diagnosis of a stroke and help avoid the misdiagnosis of a stroke. 

The fully trained paramedic should not cause the misdiagnosis of a stroke by failing to follow FAST guidelines.

A&E doctor fails to carry out a physical examination claim

If the A&E doctor fails to carry out a physical examination when you present at A&E, they may miss the vital signs of a stroke. They should examine you for pain, speech problems and even for difficulties in swallowing, often a sure sign of stroke. 

A misdiagnosis of a stroke from not checking blood pressure or heart rate will miss vital time in you receiving the correct treatment. 

Not all strokes are the same, and a full physical examination will help with the correct diagnosis of a stroke.

Symptoms of a stroke diagnosed as being due to another condition claim

Symptoms of a stroke diagnosed as being due to another condition is a common misdiagnosis of a stroke claim. 

The patient’s headache diagnosed as another migraine or that their vomiting is due to digestion problems are often heard in stroke misdiagnosis claims. 

It is medical negligence not to investigate a patient’s condition and dismiss the signs of a stroke as being those of another complication. The signs of a stroke are many, and the doctor should carry out a full medical investigation if you are ill with one or more symptoms. 

A No Win No Fee medical negligence solicitor can look at your case and see if you have a valid claim for compensation for a stroke misdiagnosis.

Compensation for a stroke misdiagnosis

You can seek compensation for stroke misdiagnosis claims in amounts from the low £10,000s to over £10 million in some cases. 

The compensation varies depending on several factors, and stroke misdiagnosis negligence claims sometimes see very high awards, such as when a patient passes away or suffers a lifetime of disability, unnecessary suffering and chronic pain.  

Compensation amounts in stroke misdiagnosis claims can be:

  • Failing to make a full physical examination of patients – £25,300
  • Not referring the patient for further tests like an MRI or CAT scan – £48,200
  • Failing to follow up on the results of tests – £62,100
  • Ignoring the obvious signs of stroke- £85,500
  • Continued misdiagnosis of stroke leading to treatment delays – £204,700
compensation claim calculator

All amounts are approximate and are only a guide to what is possible in stroke negligence claims. Figures can be high in some claims as you or a loved one could need long-term care and may face medical bills for life. You may be able to claim for these care expenses and the medical costs in the future. 

As in all medical negligence claims, each case is dealt with on merit and how much the patient suffers due to stroke misdiagnosis complications. 

A No Win No Fee medical negligence solicitor will be the one to advise you on a stroke misdiagnosis claim. They will know from experience what your case may be worth and how to make a successful claim. 

Your No Win No Fee medical negligence solicitor will handle your stroke misdiagnosis claim for compensation and for all damages incurred.

Our Process

Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.

Enquiry

The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.

Medical Evaluation

Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.

Legal Letter

Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.

Who is eligible for compensation?

The patient who suffers from complications due to stroke misdiagnosis may be eligible for compensation. They are the ones who have suffered, and the clear medical negligence could lead to the stroke going untreated for a time. 

The delays in their treatment could lead to years of unnecessary suffering and the patient’s early death in some cases. 

If a patient passes away due to a stroke misdiagnosis, the ones left behind may have a claim for medical negligence. 

Loved ones in a medical negligence case are known as ‘dependents’ and can be:

  • A spouse or former spouse of the deceased
  • Someone who lived with the deceased for two years before death as a husband, wife, or civil partner.
  • Blood children, adopted children or those who became children through marriage or civil partnership
  • Parents and those acting as parents, such as a guardian or step-parents
  • Grandparents or great-grandparents
  • Brothers, sisters, cousins, and other direct relatives

When you are a victim of stroke misdiagnosis negligence or have lost a loved one through stroke misdiagnosis, you may have a claim for compensation.

What can you claim for when you sue for stroke misdiagnosis?

You can claim compensation for any damages that occurred when you sue for stroke misdiagnosis. 

There are two types of compensation damages due when suing for any type of medical negligence: General damages and Special damages.

General damages are when you sue for the pain, suffering and loss of amenity, PSLA, you have experienced due to negligence. 

  • Pain is that above what is normally expected for your procedure. 
  • Suffering is the inconvenience and changes to your life that cause you discomfort.
  • Loss of Amenity is any difficulty you have in doing everyday tasks, such as walking, sitting, playing sports, and sleeping.

Special damages include loss of earnings, future care costs, and out-of-pocket expenses. 

  • Loss of earnings includes compensation for time off work and any reduction of your income in the future. 
  • Future care costs are for any care you will need as a result of medical negligence. 
  • Out-of-pocket expenses cover medical appointments, travel, accommodation, and meals. 

Be sure to keep payslips, receipts, and proof of any losses you experience due to the medical negligence.  

You deserve compensation to cover all losses, including loss of life, medical costs, and long-term care needs. 

When you or a loved one suffers from the effects of stroke misdiagnosis, you can make a claim for stroke misdiagnosis negligence compensation. 

medical negligence compensation types
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Who is responsible for stroke misdiagnosis negligence?

A medical professional is responsible for any stroke misdiagnosis negligence. When you bring a claim for stroke misdiagnosis, you claim against the NHS Trust or private clinic that employed the medical professional responsible.

A medical professional responsible for the stroke misdiagnosis could be:

  • The GP who made the stroke misdiagnosis
  • The radiologist who made errors in carrying out scans and tests
  • The hospital consultant who misread the patient’s MRI or CAT scan
  • The paramedic who misdiagnosed the stroke as a migraine
  • The hospital responsible for implementing stroke protocols
  • The hospital responsible for hiring suitable medical professionals
  • The hospital responsible for the MRI, CAT, and other stroke diagnostic tools
Who is responsible for medical negligence

Every medical professional owes you a duty of care when dealing with your health problems. You may suffer a stroke misdiagnosis if they are negligent with that duty of care and do not provide you with a professional service when you are ill.

Medical negligence is treatment below an acceptable standard by a medical professional. Instead of putting the care needed into your stroke diagnosis, the doctors misdiagnosed a stroke as something else, which is clear medical negligence. 

You may need to undergo years of treatment to correct the errors of stroke misdiagnosis. By behaving less-than-professionally, the doctor risks your health, and the effects could be with you for life.

You can claim compensation for the misdiagnosis of a stroke and receive help in getting your life back on track.

Potential effects of a stroke misdiagnosis

The potential effects of a stroke misdiagnosis range from delays in your treatment to unnecessary suffering and permanent disability. You could suffer through years of pain and incapacity due to the stroke misdiagnosis and delays in treatment. 

Some potential risks of a misdiagnosis of a stroke are:

  • Missing the chance to begin early treatment for a stroke
  • The stroke becomes worse and causes brain damage
  • Being incapacitated for life and needing 24-hour care
  • Being ill due to the prolonged and more intense treatment needed
  • Needing emergency and invasive surgery to repair the damage
  • Death from a stroke misdiagnosis

It can be very traumatic when you or a loved one suffers stroke misdiagnosis. 

You know that you have lost valuable time in beginning treatment for the stroke or getting the necessary surgery. Your life could change completely, and in some cases, a stroke could be fatal, with terrible consequences for those left behind. 

A fatal stroke misdiagnosis claim

A fatal stroke misdiagnosis claim is when the medical negligence leads to the death of a patient. The avoidable death due to the misdiagnosis of a stroke can be difficult for a family to deal with, but they may be able to make a fatal stroke misdiagnosis claim. 

Your loved one may have passed away as a direct result of the stroke, such as when they suffered a bleed in the brain, or the blood clot went to the heart. 

They may also pass away at a later date due to a further stroke, which could have been avoided with the correct diagnosis of an earlier one. A stroke patient could make changes to diet and lifestyle as well as take medication to prevent another stroke, one that proves to be fatal. 

Loved ones left behind can make a fatal stroke misdiagnosis claim through an experienced medical negligence solicitor. 

A No Win No Fee medical negligence solicitor can help guide you through the steps of any stroke misdiagnosis claim.

What are the steps involved in making a stroke misdiagnosis claim?

The steps involved in making a stroke misdiagnosis claim go from seeking medical advice to issuing court proceedings. 

The steps are a part of any successful compensation case, and settlement can happen at any stage in the process. 

Your medical negligence solicitor will do the rest when you follow the steps correctly and gather all the facts and figures.

Seek medical advice on the injuries you have suffered or are suffering immediately you realise you experienced a stroke misdiagnosis.

Contact a specialist medical negligence solicitor who operates on a No Win No Fee basis and tell them what went wrong. The right solicitor will look at your case, see where the problem lies, and advise if you suffered stroke misdiagnosis negligence. 

The Medical Negligence Team also have a 100% Compensation Guarantee scheme, where you get all the money awarded in a negligence claim. 

You are the one who suffered medical negligence, and you should get all the money due for the suffering.

Your medical negligence solicitor obtains your medical records with your permission. By reading your records, they will confirm if they think you have a valid stroke misdiagnosis claim. 

The medical negligence team will know from your medical records if the case will result in compensation being paid.

The medical negligence solicitor sending a letter of claim to the negligent party is the next step. The letter will ask them to admit the stroke misdiagnosis negligence in what is known as ‘sending a letter of claim.’ 

When the negligent party receives the letter of claim, it has up to four months to provide a written response.

Getting a response from the negligent party’s insurer will move your compensation claim closer to a conclusion. 

The insurer will either admit the medical negligence or say they intend to defend the case. Deciding to defend the case is known as ‘deny liability’ in legal terms. 

If they admit liability, your stroke misdiagnosis claim can be valued, and the two parties will meet to decide on your compensation payment. 

Your solicitor will negotiate with the negligent party and use their experience to get the compensation you deserve.

Issuing court proceedings is the next step if they deny liability in your stroke misdiagnosis claim. 

Going to court happens, too, when they are not prepared to pay a fair amount for the injuries you have suffered. Your medical negligence solicitor issues the court proceedings.  

Remember that less than 1% of medical negligence cases end up in court, and very few of those cases ever make it to the courtroom.

making a medical negligence claim

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How long do I have to make a claim for a stroke misdiagnosis?

You have three years to make a claim for a stroke misdiagnosis. All medical negligence claims are subject to limitation periods. 

For example, in England and Wales, medical negligence claims must generally be brought and court proceedings issued within three years of the injury or three years of knowledge of the facts giving rise to the stroke misdiagnosis claim. 

If someone has passed away, it is the date of death if the limitation period has not expired at the date of death. 

Children not under a disability typically have until they reach 21 to start a stroke misdiagnosis negligence claim or court proceedings. 

Persons with a disability, who lack capacity, are not subject to any limitation period. 

Can I make a medical negligence claim on behalf of a loved one?

Yes, you can make a medical negligence claim on behalf of a loved one. Under UK law, if an injured party cannot represent themselves, then a loved one can take the case on their behalf.

Stroke misdiagnosis is a perfect example of claiming on behalf of a loved one. The negligence could take a loved one’s life or leave them unable to make a claim.

Your loved one depends wholly on you and the family for care and to fight for their rights if they cannot due to the misdiagnosis of a stroke.

By making a claim on their behalf for stroke misdiagnosis, you are fighting for the compensation they deserve.

A No Win No Fee medical negligence solicitor will work with you to win the compensation claim for the stroke misdiagnosis negligence.

Using a No Win No Fee Medical Negligence Solicitor

Using a No Win No Fee solicitor is the only way to a successful stroke misdiagnosis compensation claim. Your No Win No Fee medical negligence solicitor will not charge you for a claim you do not win. 

Always have a fee agreement in place before engaging a medical negligence solicitor. If they start talking of a ‘win fee’ or a ‘success fee,’ you should walk away. The negligent party insurers should pay all fees. 

The medical negligence solicitor should also operate a 100% Compensation Guarantee scheme. When you win the case, all the money awarded should go to you, not the solicitor. 

You are the one who suffered due to the stroke misdiagnosis, and you deserve the compensation to get your life back to normal.

Using a No Win No Fee solicitor

Can I make a medical negligence claim against the NHS?

Yes, you can make a medical negligence claim against the NHS. Suing the NHS for negligence is not unusual. People sue the NHS for compensation for medical negligence and receive the money they deserve for the negligent treatment. 

There are between 8,000 and 10,000 successful medical negligence claims against the NHS each year—amounts in compensation claims awarded against the NHS range from £1000 to over £10 million. 

The amount of compensation you receive covers minor injuries such as scarring to serious life-threatening negligence, which leaves you with long-term care needs. 

We trust in and use the NHS daily and do not expect negligence. It happens, though, and the NHS has a dedicated team to handle medical negligence compensation claims, called NHS resolution. 

NHS Resolution has a responsibility to treat patients who seek compensation fairly. Patients pay for the NHS through their taxes, and for that they deserve respect and the best medical treatment.

Contact The Medical Negligence Team

Contact the Medical Negligence Team today to discuss your stroke misdiagnosis claim for compensation. We have both the legal and medical experts to guide you along the steps to a successful medical negligence claim for compensation. 

At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis. You will not be out of pocket for an unsuccessful claim. 

We have a very high success rate and a reputation for a speedy and successful resolution to all medical negligence cases. 

Our 100% Compensation Guarantee puts all the money you win into your pocket. You or your loved one suffered a stroke misdiagnosis and deserve every penny of the compensation claim. 

Contact us at the Medical Negligence Team for all your medical negligence needs.

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