Did you have a stroke that was misdiagnosed by a medical professional? Did the care you received from this professional fall below an acceptable standard? As a result of this diagnosis, did you suffer more than you would have if you’d received the correct diagnosis? If so, you could be eligible to claim stroke misdiagnosis compensation.
A stroke is a serious medical emergency that could have life-changing or life-threatening effects on its victims. However, with timely and appropriate intervention and treatment, the impact of a stroke can be mitigated. Because of this, accurate and quick diagnoses of strokes are crucial.
If strokes are missed or misdiagnosed by medical professionals it can mean the patient’s condition could deteriorate. A misdiagnosis of a stroke will not always be the result of negligence; however, if a doctor is negligent and this causes your condition to be worse than it would have been, you could be eligible to make a medical negligence claim.
If you need advice about making a claim, we can help. One of our advisors may be able to connect you with a medical negligence solicitor if your claim is valid. You can get in touch by:
Select A Section
- A Guide To Stroke Misdiagnosis Compensation Claims
- Stroke Misdiagnosis Compensation Calculator
- Types Of Damages Awarded For Medical Negligence
- What Is Stroke Misdiagnosis?
- What Is A Stroke?
- Are There Different Types Of Stroke?
- What Are The Main Causes Of A Stroke?
- Stroke Symptoms – The 5 Warning Signs Of A Stroke
- How Could A Stroke Be Misdiagnosed?
- Treating Stroke Victims
- The Impact Of Stroke Misdiagnosis
- Can You Claim For Medical Negligence By The NHS?
- How Do I Claim For A Misdiagnosed Medical Condition?
- No Win No Fee Stroke Misdiagnosis Compensation Claims
- Contact Our Specialist Team
- Supporting Resources
- Rates Of Medical Misdiagnosis
- FAQs On Stroke Misdiagnosis Claims
In this guide, we will look at the process of claiming for medical negligence when your condition has been made worse because a doctor breached their duty of care to you. We will begin by looking at the amount of compensation you could receive for an injury of this kind.
In addition, we’ll examine what a stroke is and how it might be misdiagnosed. Furthermore, this guide will look at the treatment available for victims of stroke.
As we’ve already mentioned, it’s not enough that your stroke was misdiagnosed in order for you to make a claim. You also need to prove that your doctor breached their duty of care to you in misdiagnosing the stroke and that this caused you to suffer more than you otherwise would. We will examine what a doctor’s duty of care is and how the courts can determine whether a breach has occurred.
If there is anything else you want to know, or if you want to talk about making a medical misdiagnosis claim, you can get in touch with our team using the contact details provided. Otherwise, read on to find out more about stroke misdiagnosis claims.
The amount of compensation you receive will reflect the degree of harm you suffered because of the negligent misdiagnosis you received. This can vary quite a bit from case to case, depending on the differences in the circumstances.
Solicitors may calculate compensation settlements with the help of guidelines published by the Judicial College. These guideline compensation amounts cover a number of injuries of varying severities. Instead of using an online compensation calculator, we’ve chosen to illustrate it in the table below.
|Tetraplegia||£304,630 to £379,100|
|Paraplegia||£205,580 to £266,740|
|Very severe brain damage||£264,650 to £379,100|
|Moderately severe brain damage||£205,580 to £264,650|
|Moderate brain damage||£40,410 to £205,580|
|Less severe brain damage||£40,410 to £14,380|
The table above illustrates the amount you could be owed for the general damages head of your claim. This is the part of your compensation that covers the pain and suffering that was caused by your doctor’s negligent misdiagnosis.
As part of your settlement, you may also receive special damages. Special damages are the head of your claim that compensates you for any financial losses or expenses that you’ve incurred because of the impact the negligence had on your health.
There are a number of ways in which injuries caused by a negligent stroke misdiagnosis could cost you money. For instance, you may suffer from a loss of earnings for any time taken off work. You may also need to hire a carer to look after you when you leave the hospital. You may be able to claim these back as special damages. Also, you would be sent for an independent examination to work out how much of your suffering is due to the misdiagnosis and how much you would have suffered anyway. You cannot claim for the harm the stroke would have caused you without the misdiagnosis.
In order to have something included in the special damages head of your claim, you will need to provide proof of the costs you’ve incurred. This could be in the form of receipts, invoices or bank statements.
A stroke misdiagnosis is a situation in which you have been given medical attention after following a stroke, but the diagnosis of your stroke has been incorrect. This type of situation could manifest in a number of different ways.
- A missed diagnosis. This is a situation in which the symptoms and effects of a stroke are missed altogether, and no diagnosis is made.
- Wrong diagnosis. This is when the stroke effects and symptoms are spotted correctly but incorrectly diagnosed as a different health issue.
- Delayed diagnosis. This is when the stroke is correctly diagnosed but later than is reasonably expected in such a case.
Medical misdiagnoses are not always the result of negligence. Sometimes, a doctor can misdiagnose an injury even when adhering to the standard of their profession. In these cases, you will not be able to claim.
The loss of the supply of blood to the brain will prevent the brain from functioning and cause the cells in the brain to die. A person suffering from a stroke needs urgent emergency medical care. The longer it takes for a stroke victim to get to the hospital, the more severe the effects of the stroke might be.
There are different types of stroke, and strokes can have different causes. The two main types of stroke are Ischaemic strokes and hemorrhagic strokes.
Ischaemic strokes are caused when the flow of blood to the brain is stopped by a blood clot. According to the NHS, these account for 85% of all cases of strokes. Haemorrhagic strokes are caused by ruptured blood vessels. This is where a weakened vessel that supplies blood to the brain bursts.
In addition to these types of strokes, you may also suffer from a Transient Ischemic Attack (TIA). TIAs can also be referred to as “ministrokes”.
The symptoms can last for a few minutes or persist for up to 24 hours. They are less serious on their own than strokes but can often serve as a forewarning that the victim is in danger of suffering a full stroke in the future. It can also be difficult to tell whether someone is suffering from a TIA or a full stroke, so you should always seek medical attention if you experience any symptoms.
There are a number of different factors that can put someone at an increased risk of suffering a stroke. These factors include:
- Hypertension (high blood pressure)
- High cholesterol
- Atrial Fibrillation (an irregular heartbeat)
- Chronic stress
If you suffer from one of these conditions that increases your risk of having a stroke, it’s important that you manage it effectively. For instance, you may have been prescribed medication to lower your cholesterol levels.
There are some indicators that a person could be suffering from a stroke. These symptoms include:
- Paralysis on one side of the body or face
- Loss of vision or blurred vision that comes on suddenly
- Dizziness and confusion
- Problems with coordination and balance
- Loss of consciousness.
If you think that someone is having a stroke, you should call 999 straight away. The sooner they receive medical attention, the more likely they are to make a recovery.
A stroke may be misdiagnosed for a number of different reasons. One is that some conditions possess similar symptoms to a stroke. Medical issues that could be mistaken for a stroke include:
- Multiple sclerosis
- Severe migraines
- Bell’s palsy
- Low blood sugar
There are tests involved in the diagnosis of a stroke. Carrying out these tests incorrectly, or incorrectly assessing the results of these tests, could result in a misdiagnosis of a stroke. For instance, everyone who attends the hospital with a suspected stroke should receive a brain scan. If a healthcare professional fails to administer this despite the fact that a stroke is suspected, they could be considered negligent.
Some factors that could cause a stroke to be misdiagnosed or for a diagnosis to be crucially delayed might have little to do with the practice of medicine itself. For example, a clerical error could result in test results being misplaced or lost, delaying a diagnosis.
A misdiagnosis is not always an example of medical negligence. Sometimes, a doctor can misdiagnose an illness while still adhering to the standard of care expected of their profession. To determine whether a misdiagnosis is negligent or not, courts will administer something called the Bolam Test.
This is where a panel of the doctor’s peers will be asked whether they would have acted the same way when presented with the same information. If they confirm that they would have acted the same, the doctor will not be considered negligent.
However, if they confirm that they would have acted differently, then the doctor may be considered negligent. This is because the level of care they provided fell below the standard expected of their profession.
Different types of stroke may require different kinds of treatment. Ischaemic strokes can be treated with different types of medication that a doctor will prescribe to you.
Before this medication is used, it’s vital that a brain scan is done to confirm that the stroke is ischaemic. If it’s a haemorrhagic stroke, the bleeding could be made worse.
An emergency procedure known as a thrombectomy can be used to treat ischaemic strokes in a small number of cases. Here, a device is inserted into the artery in the brain through a catheter. The clot is then removed.
You may also be offered medication to take regularly to reduce your risk of a future stroke. This might include aspirin, anticoagulants or blood pressure medications.
Hemorrhagic strokes can be treated with surgery to repair blood vessels that have ruptured. Hydrocephalus is a complication of Hemorrhagic strokes.
This is where fluid builds up around the brain and poses a risk of brain damage. Hydrocephalus can be treated in an operation by surgically implanting a shunt into the brain to drain the fluid.
A stroke can cause brain damage and affect the brain’s functions. This can mean that the patient suffers from paralysis of both the limbs and organs. This can mean that stroke victims may need to receive treatment such as breathing intubation, nutritional intubation and fluids given intravenously.
Quick treatment of a stroke is crucial. Misdiagnosis can lead to delays in offering the right treatment for a stroke. The longer a stroke goes untreated the greater the chance is that the victim will suffer serious lasting injuries or death.
Diagnosis is also crucial for preventing future strokes. If a person has suffered a stroke, then they can be given treatment, medication, or advice on changes to their lifestyle that can decrease their risk of suffering strokes again in the future. However, if a stroke is misdiagnosed, the patient is at serious risk of suffering severe illnesses.
If you suffer a stroke, then your diagnosis and treatment may be performed by the NHS. The NHS has a duty of care over its patients in the same way that private medical practitioners do.
NHS Resolution is the part of the NHS that deals with claims for compensation on behalf of the NHS in England. It was formerly known as NHS Litigation Authority.
NHS Resolution will usually represent the NHS if you claim against them. When you claim against the NHS, your claim will usually be directed against the NHS Trust that was responsible for your care.
Making a claim for compensation following a misdiagnosis can be complex. This is because not only do you need to prove that your doctor acted negligently, but you also need to show that their negligence caused you pain and suffering above what you would have if the diagnosis had been correct.
If you were suffering from a stroke when you received medical attention, it’s likely that you would have experienced some level of pain, suffering and an impact on your quality of life as a result. So you need to be able to show that the suffering you did experience is greater than what you would have suffered had you not been misdiagnosed.
Because this is a nuanced legal field, we recommend that you seek the support and guidance of a medical negligence solicitor to represent you in your claim. However, you may be worried about the costs associated with doing so. If so, read on for more information on No Win No Fee agreements and how one might benefit you.
A No Win No Fee agreement is a way of funding legal representation with minimal financial risk to you. With a No Win No Fee agreement, you won’t be asked to cover your solicitor’s costs before they start working on your claim or while it’s ongoing. You also won’t be asked to pay them anything in the event that your claim is unsuccessful.
The only time you will be asked to pay your solicitor anything is if you win your claim. Then, a capped success fee will be deducted from your compensation to cover their costs. This ensures that you always receive the majority of compensation awarded to you.
Thank you for reading our guide. If you would like to know more about making a No Win No Fee claim for stroke misdiagnosis compensation, you can get in touch with our team by:
In 2018/19 NHS Resolution revealed that the NHS received 10,678 clinical negligence claims, representing a minuscule increase of just 0.08% on the previous year. 11,417 clinical claims were settled in 2018/19.
Can I get compensation for misdiagnosis?
You could make a claim for misdiagnosis if it was the result of negligence. Some instances of misdiagnosis will still fall within an acceptable standard of medical care. If this is the case, the doctor won’t be considered negligent, and you would not be able to claim.
Can a stroke be misdiagnosed?
Yes. A stroke may be misdiagnosed because:
- A GP or other healthcare provider mistook the symptoms for another condition.
- The proper tests were not administered.
- The results of diagnostic tests were lost.
What happens if a stroke goes undiagnosed?
If a stroke is not diagnosed there is a risk that it will not be treated properly, or not at all. The longer a stroke goes untreated the greater the risk is of more severe long-term effects. It could also increase your risk of suffering another stroke in the future as preventative measures will not be taken.
What would a patient have to prove to claim negligence?
In order to claim compensation for medical negligence, there are two conditions that need to be met. You need to show that the standard of care you received fell below what is acceptable and that this directly caused you harm.
Thank you for reading our guide on claiming stroke misdiagnosis compensation.
Guide by KT
Checked by NS