How To Make Stroke Misdiagnosis Claims

Last Updated on 15/10/2025. Strokes are life-threatening with the potential to cause permanent brain damage affecting movement, speech, and thought. Consequently, prompt treatment is vital to minimise brain damage. Unfortunately, patients don’t always receive the correct level of care. So, if you or a loved one were avoidably harmed due to substandard care, we encourage you to read our guide on claiming and stroke compensation amounts.

When you or a loved one is facing the life-changing effects of a stroke, you deserve the support of a solicitor who cares and takes the time to understand your needs. Here at Advice, our solicitors offer a complete service on No Win No Fee terms because they believe that claiming medical negligence compensation should be as stress-free and accessible as possible. To learn more about how you will have peace of mind if you decide to work with Advice, get in touch using the contact details below:

What You Need To Know About Stroke Misdiagnosis Claims

• Are there different types of strokes? Yes, according to the NHS, the different types of stroke are ischemic and hemorrhagic. 
• How can a stroke be misdiagnosed? A stroke can be misdiagnosed by mistaking it for migraines, seizures, Bell’s Palsy, and severe infections.
• How is stroke misdiagnosis compensation calculated? Compensation in a stroke misdiagnosis claim is determined by factors like the severity of the harm and whether it has had a financial impact.
• What might happen if a hospital missed a stroke? Patients can experience severe brain damage, permanent disability, or even a fatal outcome.
• Is there a medical negligence time limit for starting a claim? Yes, and it’s typically 3 years from the point you suffered the avoidable harm or the date of knowledge.

To learn more about the benefits of working with one of our solicitors, get in touch using the contact details below:

• Phone us on 0161 509 2856
• Contact us online
• We have dedicated teams of real people who want to help you through our live chat feature.

Browse Our Guide

1. Stroke Misdiagnosis Claim Criteria
2. Making Stroke Misdiagnosis Claims For Someone Else
3. How Could A Stroke Be Misdiagnosed?
4. Different Kinds Of Strokes
5. How Much Compensation Could You Get From Stroke Misdiagnosis Claims?
6. Make A Medical Negligence Claim With Help From Advice
7. More Information On Stroke Misdiagnosis Claims

Stroke Misdiagnosis Claim Criteria

All medical professionals, like GPs, nurses and surgeons, must provide you with the correct standard of care and treatment. This is their duty of care. The General Medical Council (GMC) and the Nursing and Midwifery Council (NMC) have emphasised this duty.

For stroke misdiagnosis claims to be valid, you need to prove the following:

• The medical professional had a duty of care towards you.
• There was a breach of this duty.
• You suffered an injury or harm that otherwise would have been avoided due to this breach.

If you need help in ascertaining the duty of care in your particular case, do reach out to our team for guidance.

Making Stroke Misdiagnosis Claims For Someone Else

If your loved one has suffered because of a stroke misdiagnosis, it may be possible to claim on their behalf by acting as a litigation friend. The criteria to become a litigation friend are as follows:

• There must be no conflict of interest.
• The person must act fairly and competently throughout the proceedings.

You could apply to become a litigation friend and claim compensation on behalf of the following:

• Minors: If a child has suffered a stroke misdiagnosis, you could claim on their behalf. A minor can make their claim only when they turn 18. Once they attain the age of majority, they will have up to 3 years to start their claim under the Limitation Act 1980.
• Diminished Mental Capacity: If your loved one has lost the mental capacity to claim, you could act as a litigation friend for them as well. The time limit to start the claim would apply only if the person regains their mental capacity.

Do not hesitate to reach out to us for guidance on the time limit for claims against the NHS.

How Could A Stroke Be Misdiagnosed?

Here are some examples of how a stroke could be misdiagnosed:

• The doctor misinterprets your MRI/CT scans showing a blood clot and diagnoses you with a neurological disorder. Therefore, you’re unable to access timely treatment and suffer from internal damage due to what was actually a stroke.
• Your doctor misdiagnoses your stroke as a seizure and prescribes the wrong medication. The medication doesn’t help you recover and causes some avoidable effects of a stroke.
• After you arrive at the hospital with stroke symptoms, you’re informed that you’ll be taken in for a scan. However, the hospital staff forgot to arrange the scan, leading to unnecessary harm due to a delayed diagnosis.

Please contact us to discuss stroke misdiagnosis claims and determine whether you are eligible to launch one.

How Do Medical Professionals Diagnose Strokes?

Medical professionals often use the FAST (Face, Arms, Speech, Time) test to examine the patient for the following stroke symptoms:

• Facial Weakness: Is the patient able to smile? Is their mouth or eye drooping?
• Weakness in the arms: Can the patient raise both arms and can they retain them in that position?
• Speech Problems: Is the patient able to speak clearly, or is there any slurring in their speech?
• Time to Dial 999: If the patient displays any of the above symptoms, it is time to dial 999. It’s also important to take note of the time when the symptoms started surfacing and to pass on this information to the practitioners.

Apart from the FAST method, doctors can also use some other sophisticated methods to diagnose a stroke:

• The NICE guidelines recommend the use of the ROSIER method whenever somebody reports to accident and emergency (A&E) with symptoms of a suspected stroke.
• Physical examination: In addition to speech difficulties, doctors can check for symptoms such as dizziness, headache, weakness in the arm or leg, or irregularities in vision.
• Brain scans: A CT or MRI scan could help to pinpoint the presence of a burst blood vessel or blocked artery and its location. This could also help to determine the severity of the stroke.

The Consequences Of Misdiagnosing A Stroke

Some complications of misdiagnosing a stroke include:

• Brain damage
• Paralysis or loss of mobility
• Sensory damage, such as loss of hearing or vision
• Psychological injuries

Reach out to us for help in claiming for poor care in a hospital.

Different Kinds Of Strokes

There are three main kinds of strokes:

• Ischaemic stroke: This kind of stroke is caused due to an interruption in the supply of blood to the brain. The most common cause of this is a blood clot within a brain vessel or an artery leading to the brain.
• Haemorrhagic stroke: More commonly known as a brain haemorrhage, this occurs due to bleeding within the brain or the skull. It can happen due to a brain aneurysm or when a blood vessel or artery bursts within or on the brain.
• Transient ischaemic attack (TIA): Also known as a ‘mini-stroke,’ a TIA is caused by a clot blocking the blood supply to the brain. The symptoms don’t last long since the clot moves quickly, and the blood supply to the brain is restored. However, a TIA is a warning sign that the person faces a risk of a more serious stroke. Therefore, it’s essential to identify a TIA and put the patient on a stroke prevention treatment.

What Are The Symptoms Of A Stroke?

Apart from the symptoms covered by the FAST test, some other symptoms include:

• An inability to move one side of the body or weakness or numbness in that section.
• Difficulty in understanding what people are saying
• Severe headache
• Confusion or memory loss
• Blurring or loss of vision

Unsure about how to prove medical negligence? Contact our advisory team for help.

How Much Compensation Could You Get From Stroke Misdiagnosis Claims?

Your next question might be regarding the average compensation payouts in stroke claims. However, providing an average compensation figure wouldn’t help you in the calculations for your particular case because every claim is unique. No two compensation claims are ever identical. Therefore, we advise you to contact our team, who can assess your case and provide you with a more accurate estimate.

Your stroke misdiagnosis compensation may include two heads:

• General Damages: This includes the compensation for the injuries or physical and psychological harm you’ve suffered.
• Special Damages: This includes the compensation for the financial losses you’ve suffered.

Your solicitor may send you for an independent medical examination to determine the extent of the harm you’ve suffered. This would help to ascertain the general damages you could claim. Additionally, the person valuing your claim could also refer to the Judicial College Guidelines (JCG). This provides a list of injuries and a guideline range of compensation you could claim for them. We’ve provided some of the figures below, but you must bear in mind that these are only guidelines, and the first row isn’t from the JCG:

• Multiple Serious Injuries and Financial Losses- There is more than one injury or harm along with a loss of earnings, child care and professional care is required- Up to £1,000,000+
• Paralysis– Tetraplegia- The compensation would be affected by factors like life expectancy, impact on life and senses and the person’s awareness of their disability- £396,140 to £493,000
• Paralysis– Paraplegia-  Factors like the extent of pain, level of independence and life expectancy would be considered- £267,340 to £346,890
• Brain Damage– Very Severe- Meaningful response to the environment, language function and the need for nursing would be considered while determining the compensation award- £344,150 to £493,000
• Brain Damage– Moderately Severe- The person is seriously disabled, substantially depending on others and needing professional care- £267,340 to £344,150
• Brain Damage– Moderate (i)- Senses like speech and sight have been affected, and there is a significant risk of epilepsy with no prospect of employment- £183,190 to £267,340
• Brain Damage– Moderate (ii)- Ability to work is greatly reduced, and there is at least moderate intellectual deficit along with the risk of epilepsy- £110,720 to £183,190
• Brain Damage– Moderate (iii)- Concentration, memory and the ability to work are affected along with a little risk of epilepsy and dependence on others- £52,550 to £110,720
• Epilepsy– Established Grand Mal- The compensation would depend on factors like how much the attacks are controlled by medication and associated behavioural problems- £124,470 to £183,190
• Psychiatric Damage (General)– Severe- The individual’s ability to work and the success of the treatment would be considered- £66,920 to £141,240
• Psychiatric Damage (General)– The individual faces a disability which impacts their ability to return to work- £23,270 to £66,920

Can I Claim For The Long-Term Financial Effects Of A Misdiagnosed Stroke?

As explained above, you may be able to claim compensation for the financial losses you’ve suffered, known as special damages. You may include the following in your claim:

• Loss of earnings
• Medical expenses
• Travel expenses
• Cost of professional care
• Expenses incurred while modifying your car or home due to a disability

Still confused? Reach out to our team for guidance. A team member can also provide a free valuation of your claim based on your circumstances.

Make A Medical Negligence Claim With Help From Advice

You might be worried about the costs involved in bringing forward stroke misdiagnosis claims. However, if you choose to make your claim with a solicitor from Advice, they will offer you a No Win No Fee service. They would work under a Conditional Fee Agreement (CFA), which means that you’ll have to pay your solicitor for their work only if your claim is successful.

If you receive compensation, your solicitor will deduct a fixed percentage, known as the success fee. There is a legal cap placed on this percentage to ensure fairness. If your claim is unsuccessful, you won’t have to pay your solicitor any fees for their services.

Do I Need A Specialist Medical Negligence Solicitor?

You don’t need a specialist medical negligence solicitor in order to claim, but their expertise can help you navigate the process and increase your chances of a fair outcome.  Here at Advice, our solicitors are committed to providing clear and straightforward guidance during the claims process so you can make informed decisions.

We understand that when medical treatment (or the lack of it) leaves you avoidably harmed, the fallout from this experience can be devastating. This is why our solicitors offer clients access to a robust range of support services to guide them through this challenging time. In short, they’re here to help you move forward and rebuild your life. So, if you claim with Advice, we will:

• Provide tailored guidance throughout your claim.
• Work hard to ensure your settlement fully reflects the extent of your pain and suffering.
• Handle all paperwork as necessary and be the main point of contact in all case-related communications.
• Connect you with rehabilitation specialists to support your recovery.

Don’t suffer in silence; take your first steps towards claiming compensation by getting in touch today using the contact information below:

• Phone us on 0161 509 2856
• Contact us online
• We have dedicated teams of real people who want to help you through our live chat feature.

More Information On Stroke Misdiagnosis Claims

Thank you for reading our guide on stroke misdiagnosis claims. Here are some other guides from our website:

• Our guide on making a brain injury claim.
• Learn about misdiagnosis claims.
• Details on claiming for medication error.
• Discover how to claim compensation for a blood clot or DVT
• Read more about thyroid cancer misdiagnosis

Here are some external links for more information:

• Guidance from the government on Statutory Sick Pay (SSP).
• Information on paralysis from the NHS.
• Details on Bell’s palsy from the NHS.