How To Claim For The Failure To Diagnose A Stroke Guide

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How To Claim For The Failure To Diagnose A Stroke

How To Claim For The Failure To Diagnose A Stroke

How To Claim For The Failure To Diagnose A Stroke

Do you need to seek damages after a failure to diagnose a stroke left you injured? Did a doctor fail to properly assess or diagnose your condition? Did it leave you with avoidable health issues as a result?

Failure to diagnose a stroke can devastate lives, leaving long-term health or financial problems. If this happened to you or a loved one, at Medical Negligence Assist we explain misdiagnosis claims. So, get in touch to see how a medical negligence solicitor could help you:

  • Call our advisors for free legal advice on 0800 652 3087
  • Contact us online and request a call back
  • Read the sections below and click on the highlighted text
  • Or use the ‘live support option for help

Select A Section

  1. What Is A Stroke?
  2. Could Your Stroke Have Been Diagnosed?
  3. Could I Claim For The Failure To Diagnose A Stroke?
  4. Failure To Diagnose A Stroke Compensation Amounts
  5. Talk To Us About No Win No Fee Claims For The Failure To Diagnose A Stroke

What Is A Stroke?

A stroke is caused when blood supply is cut off to a part of the brain and cells are damaged. Because the brain controls every part of the body’s functions, a stroke can affect any area of the body with often permanent, life-altering, or even fatal results.

There are two common types of stroke. The most common (85%) are called ischaemic strokes and are caused by a blockage. The other type is often the result of bleeding in or around the brain. Transient Ischaemic Attack (TIA) are temporary interruptions of blood flow and a patient can suffer multiple strokes like this.

Time is of the essence with a stroke. A stroke that is undiagnosed or untreated quickly can create additional symptoms as well as worsening the existing issue. It’s essential that symptoms of stroke such as facial paralysis, arm weakness, or speech problems are responded to urgently in order to prevent a more serious decline.

Correct and early intervention can do a great deal to prevent long-term damaging consequences, making it all the more vital to accurately diagnosis and treat it before it can cause profound and permanent damage.

Stroke Statistics

Some key statistics for strokes from Stroke.Org show that:

  • Stroke impacts someone in the UK every five minutes 
  • 100,000 people have strokes each year
  • 1.3 million stroke survivors in the UK

Could Your Stroke Have Been Diagnosed?

How do you claim against the NHS for medical negligence? All healthcare providers are expected to perform their duties to the accepted standards in that field of medicine. Stroke symptoms are fairly distinct but could be mistaken for other illnesses. Therefore, each doctor, nurse, or specialist is trained to know what signs to look for in a stroke and respond accordingly.

The misdiagnosis of a stroke will not automatically mean medical negligence has occurred. Medical negligence is when a medically trained professional deviates from professional standards – when they provide a service that is below expected. If misdiagnosis occurs but professional’s standards remain it is unlikely negligence has occurred.

For a medical negligence claim to be valid it’s important to prove that:

  • The doctor has a duty of care to the patient
  • The doctor or medical professional treating the patient provided care that was below the standard expected of them.
  • The harm suffered or further harm suffered was caused by the negligence of the doctor. 

Could I Claim For The Failure To Diagnose A Stroke?

Failure to diagnose an illness or medical condition is not necessarily medical negligence.  It’s important to be clear that you can only claim if you can prove there was actual medical negligence that caused the misdiagnosis or negligence from the practitioner who had a duty of care to treat you. This could be their:

  • Failure to spot the clear signs of stroke
  • Failure to act quickly after diagnosing the stroke
  • Mis-reading of patients’ results meaning treatment is delayed
  • Prescribe the incorrect course of treatment

You must begin the claim within the time limitation period. There is a three-year time limit for starting a medical negligence claim. This period starts from either:

  • the date of injury caused by negligence
  • The date you became aware of negligence causing additional injury or suffering
  • Or the date that your medical notes show how negligence may have caused you issues.

Those who are unable to claim for themselves because they have a reduced mental capacity then a litigation friend can claim on your behalf and the time limit is frozen.

Speak to our team for help on these points. Eligibility and proof for medical negligence claims can be complex and whilst you can always represent yourself, professional legal guidance can greatly help.

Failure To Diagnose A Stroke Compensation Amounts

Successful medical negligence claims may mean that you or a loved one are eligible to claim two types of damages. General damages are amounts that relate directly to the repercussions on your quality of life and the pain or suffering caused by the injury which resulted from medical negligence.

A document called the Judicial College Guidelines offers bracket amounts for each health issue. You will be required to have an independent medical assessment. The excerpt from the JC guidelines illustrates:

Area of Stroke-Related DamageSeverity and JC Guideline Award Amount 
Brain Damage(b) Moderately Severe -£205,580 to £264,650 Serious disability that requires constant help from others. Paralysis and cognition issues of a permanent nature
Brain(d) Less Severe Brain Damage - £14,380 to £40,410A good level of recovery, but some issues with mood, memory or concentration may prevent full resumption of activities
Speech(a) Total Deafness and Loss of Speech- £102,890 to £132,040Impacting a person's future development
Sight(e) Complete Loss of Sight In One Eye - £46,240 to £51,460Complete and permanent loss of vision in one eye.
Shoulder(b) Serious - £11,980 to
£18,020
Damage to the brachial plexus causing weakness, loss of sensation and restricted movement
Hand(a) Total or Effective Loss of Both Hands - £132,040 to £189,110Renders the hands useless with no prosthetic option
Leg(b) Severe Leg Injuries (ii) Very Serious - £51,460 to
£85,600
Permanent mobility problems requiring crutches or mobility aids
Bladder(a) Double Incontinence - Up to £172,860Cases where the person can no longer control either bladder or bowels
Bowels(b) Total Loss of Natural Function - Up to £140,870Need for colostomy and reflective of consequent impact of individual depending on age
Generalised pain(a) Complex Regional Pain Syndrome (CRPS)—also
known as Reflex Sympathetic Dystrophy - (i) Severe - £49,270 to
£78,840
Poor prognosis, need for domestic help and risk of associated psychological problems

In addition to these expenses, you may be in a position to show proof of financial loss because of the failure to diagnose a stroke? It is important to remember that you cannot claim for what would have happened only for what happened because of the negligence. For example:

  • Remedial or additional medical costs
  • Professional Carer costs
  • Money for family or friends who provide domestic support
  • Travel costs to the hospital or essential appointments
  • Adaptations to your home (like wheelchair access)
  • Childcare provision
  • Damage to your future earning capacity
  • Long-range predicted costs for the future

Other expenses may be eligible for inclusion. Talk to our team for guidance. Or use our medical negligence compensation calculator.

Talk To Us About No Win No Fee Claims For The Failure To Diagnose A Stroke

For those seeking compensation after medical negligence that failed to spot the signs of a stroke, a No Win No Fee agreement could help. Solicitors who offer to work in this way can do so without the need for any upfront or ongoing payment.

They simply deduct a maximum 25% amount from the final settlement of cases that win in order to cover their success fee. If the case fails to win, there is nothing owed to a No Win No Fee solicitor. Learn more about how a No Win No Fee agreement could fund legal help when you seek damages after a failure to diagnose a stroke.

  • Call our advisors on 0800 652 3087
  • Contact us online and request a call back
  • Use the ‘live support’ option for immediate help

Stroke Victim Resources And Support

As well as help on claiming if a medical practitioner caused you injury after a failure to diagnose a stroke, the links below offer more help: