Can I Make A Stroke Misdiagnosis Claim?

Suffering a stroke is an incredibly distressing event, both for the individual and the loved ones witnessing it. Since strokes can cause permanent and life-changing disabilities, such as brain damage and paralysis, the impact of a misdiagnosis on a patient’s physical, psychological, and financial wellbeing is often drastic. If you have suffered unnecessary harm from receiving substandard care, we can help you pursue a stroke misdiagnosis claim.

Here at Accident Claims, our solicitors have extensive experience supporting clients through the medical negligence claims process and assisting them in balancing the scales. We understand you may have many questions, and our dedicated team of advisors can help you on several fronts. Not only can they explain how the claims process works, but they can also provide a free consultation to assess the eligibility of your medical negligence claim. Our solicitors will also offer their services with complete transparency on a No Win No Fee basis.

So, if you’re looking for legal representation that genuinely cares about your health and wellbeing as well as the outcome of your stroke claim, get in touch using the contact details below:

• Phone us for free on 0800 073 8801
• Start a claim online
• Speak with us using our convenient live chat feature

 

Jump To A Section

1. Who Can Make A Stroke Misdiagnosis Claim?
2. How Should A Stroke Typically Be Diagnosed?
3. How Might Medical Negligence Result In A Misdiagnosed Stroke?
4. The Complications Of A Stroke Being Misdiagnosed
5. What Compensation Could Be Claimed For A Stroke Misdiagnosis?
6. Can Special Damages Be Awarded In A Stroke Misdiagnosis Claim?
7. How To Prove Medical Negligence Caused A Stroke To Be Misdiagnosed
8. Stroke Misdiagnosis Claim Time Limits
9. Why Claim For A Misdiagnosed Stroke With Accident Claims?
10. Can I Claim For Stroke Misdiagnosis With A No Win No Fee Solicitor?
11. Frequently Asked Questions
12. Learn More

Who Can Make A Stroke Misdiagnosis Claim?

Those who can make a stroke misdiagnosis claim will be able to clearly prove that a medical professional’s negligent actions directly caused them to suffer avoidable or unnecessary harm.

Claimants must meet the following eligibility criteria to have a potentially valid claim:

1. You were owed a duty of care – All medical professionals have a legal obligation to provide the correct standard of care to every patient they agree to treat. This responsibility is known as a duty of care and extends to hospitals and other medical facilities where healthcare providers work.
2. This duty of care was breached – Next, you must be able to prove that a medical professional, such as an A&E doctor or consultant, breached their duty of care towards you. In other words, they provided substandard medical care. This might include failing to refer you to a stroke specialist or misinterpreting an MRI scan.
3. The breach caused avoidable harm – Lastly, to confirm the validity of your claim, you must show that you suffered harm as a direct result of the breach. This unnecessary harm can cover both physical and psychological effects, such as brain damage or severe depression.

Why not get peace of mind by having your eligibility for a stroke misdiagnosis claim assessed for free by one of our advisors? Call us today at a time that suits you so we can help you make a claim.

How Should A Stroke Typically Be Diagnosed?

A stroke should typically be diagnosed via physical examination, the use of brain imaging (e.g., CT and MRI scans), and blood tests.

More specifically, the diagnosis process is:

• Identify clear signs of a stroke through an initial evaluation using FAST (Face, Arm, Speech, Time)
• Assess vital signs, such as blood pressure, heart rate, and temperature
• Examine neurological function by testing reflexes, motor skills and speech
• Look at brain function by testing balance, coordination and vision
• Analyse blood for cholesterol, blood sugar levels, and clotting
• Perform an MRI or CT scan to identify blockages or bleeds
• Conduct a swallow test to determine if the patient can eat and swallow safely

Do you think you might have a valid stroke misdiagnosis claim? Reach out to an advisor today at your earliest convenience so we can talk you through how to claim.

How Might Medical Negligence Result In A Misdiagnosed Stroke?

Medical negligence might result in a misdiagnosed stroke if healthcare providers fail to recognise common symptoms, act on warning signs, or do not order scans according to established guidance.

Some more examples of potential medical negligence in relation to stroke misdiagnoses may involve:

• Dismissing symptoms as other conditions, such as migraines or anxiety
• Failing to identify or appropriately treat a mini-stroke, known as a transient ischaemic attack (TIA), which is a significant indicator of a major stroke
• Significant delays in referring patients to specialist stroke units
• Diagnostic errors due to the misinterpretation of MRI or CT scan results
• Inadequate monitoring of patients with known risk factors, such as high blood pressure or a family history of stroke
• Prescribing the wrong drug or failing to administer preventative medication like anticoagulants

If any of the above examples of medical negligence have happened to you, please connect with an advisor so we can assist you promptly. This list is not exhaustive, so have a chat with our team to see if there is a case to claim compensation for your stroke misdiagnosis.

The Complications Of A Stroke Being Misdiagnosed

Some complications of a stroke being misdiagnosed can include permanent mobility issues, long-term neurological damage, and vision loss. Other serious complications can involve:

• Secondary stroke from a failure to correctly diagnose and treat a mini-stroke
• Paralysis, either temporary or permanent
• Communication and swallowing issues
• Depression and other psychological conditions
• Incontinence
• Increased mortality risk
• Memory loss and noticeable personality changes

If you would like to share your situation in confidence and discuss your potential stroke misdiagnosis claim with a trusted advisor, please speak to us today.

What Compensation Could Be Claimed For A Stroke Misdiagnosis?

The compensation that could be claimed for a stroke misdiagnosis is dependent on the type of stroke, the severity of the harm suffered, and whether you have encountered related financial losses along the way. When valuing claims, solicitors may refer to a publication called the Judicial College Guidelines (JCG), which contains a comprehensive list of different harm types and severities along with their suggested compensation brackets.

Specifically, your solicitor may use the JCG to assess general damages. This is a head of claim that compensates claimants for the pain and suffering they have experienced. General damages takes into account both the physical effects of the harm as well as the psychological impact, such as anxiety, depression, or PTSD.

We have provided a table below that lists several of the brackets found in the JCG, including those covering paralysis and brain damage. One quick note: the top entry has not been sourced from the JCG, and we ask that you use the table contents as guidelines only when considering potential stroke misdiagnosis compensation.

HARM	COMPENSATION BRACKET	NOTES
Multiple Types of Harm with Special Damages	Up to £1 Million+	Multiple types of harm with special damages including things like childcare costs, loss of wages and private medical treatment.
Paralysis - Tetraplegia	£396,140 to £493,000	This level of award acknowledges that claimants will have full awareness of their disability and has also retained abilities of speech, sight, and hearing but needs help with bodily functions.
Paralysis - Paraplegia	£267,340 to £346,890	This compensation bracket takes into account things like the presence and extent of pain, level of independence and impact of sexual function.
Paralysis - Shorter Durations	£60,210	A lower sum will be awarded in cases where death occurs for unrelated reasons within a short period of the instance of harm.
Brain Damage - Very Severe	£344,150 to £493,000	The harmed claimant will have a return of sleep and waking patterns, and postural reflex movement but will require full-time nursing care.
Brain Damage - Moderately Severe	£267,340 to £344,150	The harmed person in question will be very seriously disabled including disabilities such as limb paralysis, or cognitive, with marked impairment of intellect and personality.
Brain Damage - Moderate (i)	£183,190 to £267,340	The harmed individual will have a moderate to severe intellectual deficit, a personality change, an effect on several senses with a significant risk of epilepsy, and no prospect of employment.
Brain Damage - Moderate (ii)	£110,720 to £183,190	This level of award acknowledges that the harmed claimant will have a moderate to modest intellectual deficit and their ability to work will be greatly reduced if not removed entirely.
Psychiatric Damage Generally - Severe (a)	£66,920 to £141,240	The compensation awarded in this bracket will be dependent on certain characteristics of the harm such as the person's ability to cope with life and future vulnerability.
Psychiatric Damage Generally - Moderately Severe (b)	£23,270 - £66,920	The harmed individual will have significant problems with their ability to cope with life and their future vulnerability.

We want to provide you with as much information as possible regarding stroke misdiagnosis compensation. So, please don’t hesitate to have a chat with our advisory team today. They are here to advise, address your questions, and help you to take your next steps.

 

Can Special Damages Be Awarded In A Stroke Misdiagnosis Claim?

Yes, special damages can be awarded in a stroke misdiagnosis claim to cover financial losses, such as lost wages, incurred as a direct result of the unnecessary harm suffered.

Below you will find more examples of what other types of financial losses can be covered under special damages:

• Immediate and ongoing medical expenses, such as private neuromuscular electrical stimulation or spasticity treatment to address muscle stiffness
• Loss of future earnings due to missed opportunities while being off work
• Travel expenses incurred from commutes to medical appointments
• Rehabilitation costs, encompassing physical, occupational, and speech therapy
• Mental health support, including counselling
• Specialist equipment, ranging from electric wheelchairs to grab rails and bed hoists

Please be aware that you must be prepared to present evidence that you did, in fact, encounter financial losses. Specifically, the evidence you will need includes payslips, invoices, and receipts.

Would you like to find out if your out-of-pocket expenses could be covered under special damages? For the information you need on medical negligence payouts, please contact us today.

How To Prove Medical Negligence Caused A Stroke To Be Misdiagnosed

When it comes to proving that medical negligence caused a stroke misdiagnosis, you must gather as much evidence as possible, such as your medical records, to show that the unnecessary suffering you experienced was due to the substandard care you received.

Your medical records may highlight diagnostic failures or indicate that CT scans, MRIs, or other tests were misinterpreted. For more information, please head over to our other guide on how to prove medical negligence. 

If gathering proof seems a little daunting, one of our medical negligence solicitors can help collect the evidence needed for your claim. Contact an advisor today to find out more.

Stroke Misdiagnosis Claim Time Limits

It’s important to note that your medical negligence claim must adhere to the legal time limit, which is generally set at 3 years per the Limitation Act 1980. This can be either counted from the date of the negligent stroke misdiagnosis or from the date of knowledge, meaning when you became aware of the substandard care.

Please note that exceptions apply in specific circumstances, and you can find details on them and how to claim on behalf of a loved one in our other guide on how long limitation periods are.

Call us today if you would like us to assess whether your stroke misdiagnosis claim falls within the legal time limit.

Why Claim For A Misdiagnosed Stroke With Accident Claims?

Claiming for a misdiagnosed stroke with Accident Claims will grant you access to a long list of support services that have been meticulously tailored to make the claims process as easy as possible. Some examples of the support we offer can include:

• Explaining any legal terms you come across
• Talking you through the claims process as we go along, so that you have an understanding throughout
• Communicating effectively with all the parties involved to avoid delays
• Taking on claims across the entire country using your preferred method of communication
• Gathering evidence on your behalf so that you can focus on things that matter, such as your recovery and loved ones

Do you feel these support services will benefit you? Call us today so we can tell you how else we can help you with your stroke misdiagnosis claim.

Can I Claim For A Stroke Misdiagnosis With A No Win No Fee Solicitor?

Yes, you can claim for a stroke misdiagnosis with a No Win No Fee solicitor via a contract called a Conditional Fee Agreement (CFA). This means you won’t have to pay for your solicitors’ service fees:

• If your claim for a stroke misdiagnosis fails
• While your claim is in progress
• At the start of your stroke misdiagnosis claim

If your claim wins, you will pay a success fee that is deducted directly from your stroke misdiagnosis claim compensation. However, you would retain the majority of your compensation as the success fee is limited due to the percentage taken for it being legally capped under the Conditional Fee Agreements Order 2013.

Contact Accident Claims To Begin A Claim

Here at Accident Claims, we believe that providing the correct support to claimants is a vital component of the medical negligence claims process. We have additional support to offer and would welcome the chance to discuss it with you. Get in touch with our advisors using the contact information below:

• Phone us free of charge on 0800 073 8801
• Start a claim online
• Send us a text using our live chat function

Frequently Asked Questions

Please find below answers to the most common FAQs about medical negligence concerning strokes:

Are There Different Types Of Strokes?

Yes, there are different types of strokes, including ischemic, hemorrhagic, and transient ischemic attack (TIA).

What Are The Symptoms Of A Stroke?

The symptoms of a stroke include face drooping, arm weakness, and speech difficulties.

How Are Strokes Treated?

Strokes are treated differently depending on the type of stroke; for example, medical professionals will focus on restoring blood flow for ischemic strokes, whereas they will control bleeding and blood supply for haemorrhagic strokes.

What Are Some Common Stroke Misdiagnosis Examples?

Some common stroke misdiagnosis examples include migraines, seizures, low blood sugar, infections, Bell’s palsy, and brain tumours.

Will A Stroke Misdiagnosis Claim Need To Go To Court?

No, a stroke misdiagnosis claim does not necessarily need to go to court, as most medical negligence cases are settled without a judge’s intervention.

If you require further clarity on any of the above FAQs, please don’t hesitate to connect with an advisor today.

Learn More

Please find below some of our other guides:

• Read our guide on doctor negligence claims.
• Have a read of our guide on being discharged prematurely from hospital.
• Take a look at our guide on paramedic negligence claims.

We hope that these external resources will help you:

• This NHS resource provides guidance on how to make a complaint.
• Read about NHS Resolution, which is a professional body that deals with clinical disputes.
• Here you will find information about Statutory Sick Pay (SSP).

Thank you for taking the time to read our guide on how to make a stroke misdiagnosis claim.