By Lewis Morrison. Last Updated 27th October 2023. When someone suffers a stroke, swift and prompt medical care and treatment are essential. If the correct treatment is delayed, the victim could be left with long-term disabilities, a level of damage to the brain or even lose their life. In this guide, we look at stroke misdiagnosis compensation claims.
A misdiagnosed stroke due to clinical negligence can have a devastating impact on a person’s life, possibly leaving them unable to work or carry out normal tasks. It could also mean the victim incurring significant financial costs such as costs for specialist equipment or required home adaptions. A medical negligence claim for stroke misdiagnosis compensation, if successful, could provide the financial support you need through your recovery.
Medical negligence claims can be complex, whether for NHS negligence or private healthcare negligence, so seeking legal help is advised. For advice or assistance on making a stroke misdiagnosis claim, you can contact our team on 0800 652 3087.
Jump To A Section
- Can I Make A Stroke Misdiagnosis Compensation Claim?
- What Are The Reasons For Making A Stroke Misdiagnosis Compensation Claim?
- Misdiagnosis Of A Stroke – What Evidence Do I Need To Claim?
- Time Limits To Make A Stroke Misdiagnosis Compensation Claim
- What Could I Claim? Calculating Stroke Misdiagnosis Compensation
- No Win No Fee Compensation Claims For Stroke Misdiagnosis
- Helpful Links On Stroke Misdiagnosis Compensation Claims
In order to make a medical negligence claim for the misdiagnosis of a stroke, you must be able to meet eligibility criteria. This is:
- You were owed a duty of care by a medical professional.
- A breach in this duty occurred.
- As a result, you suffered unnecessary harm.
When you are under the care of a medical practitioner, they must provide you with the correct standard of care. This is the duty of care they owe you. If you experience unnecessary harm because they failed to adhere to their duty of care, you might be eligible to seek stroke misdiagnosis compensation.
If you have any questions about medical negligence claims for a stroke misdiagnosis, you can contact our advisors.
There are plenty of reasons that a stroke misdiagnosis claim might be made. However, it’s worth remembering that in order to make a valid claim, you will need to have suffered unnecessary harm as a result of a medical professional breaching their duty of care.
Examples of when you could have grounds to claim stroke misdiagnosis compensation include:
- A doctor misdiagnosing your stroke as another medical problem, such as a seizure or migraine.
- CT or MRI scans being misinterpreted could cause your stroke or its severity to be misdiagnosed.
- Delayed treatment for a stroke could cause you to suffer further unnecessary harm.
These are only a few examples of when you may be able to make a medical negligence claim if your stroke was misdiagnosed. Contact our advisors today to receive free advice for your specific case. They may also connect you with one of the medical negligence solicitors on our panel.
It’s crucial for you to provide proof of medical negligence as well as any unnecessary harm you have suffered. If you cannot offer supporting evidence for your stroke misdiagnosis claim, you may be ineligible for compensation.
Therefore, to improve your chances of receiving medical negligence compensation, it’s worth gathering evidence including:
- Your medical records – these can offer insight into any harm you have sustained and whether the harm was caused as a result of negligence. Your solicitor can obtain these for you as part of the claims process
- An independent medical report – an expert can assess the extent of your harm to confirm whether it could have been avoided. Again your solicitor can obtain this as part of the claim
- Proof of financial harm – if you seek special damages, it’s necessary to collect evidence of financial harm i.e. a bank statement, receipt of expenses or invoices
When making a compensation claim, it is important to do so as soon as possible. This is because compensation claims time limits that apply regardless of whether you are claiming for personal injury, accidental injury or medical negligence. In most cases, the time limit is 3 years from the date that the injury occurred or from the date that the preventable injury was first diagnosed. Occasionally the time limits can vary depending on the circumstances.
The compensation awarded for medical negligence is made up of two main categories of damages, these are:
- General Damages – These damages account for the physical and psychological pain and suffering the victim has endured due to the injury sustained. The victim’s long term prognosis will be taken into account.
Compensation that may be available for stroke misdiagnosis victims for general damages is displayed in the table below.
|Compensation Award Amount
|Brain Damage - Very Severe
|£282,010 to £403,990
|No evidence or little evidence of meaningful response to the individuals' environment, little or no language function, double incontinence, and full-time nursing care is required.
Factors which help to decide how much compensation is awarded in this bracket include the degree of insight the individual has (if any), life expectancy, how physically limited the individual is, whether gastrostomy feeding is required, sensory impairment, the ability to communicate, behavioural problems, and epilepsy is present.
|Brain Damage - Moderately Severe
|£219,070 to £282,010
|The individual is seriously disabled with substantial dependence on others and constant professional care is required.
|Brain Damage - Moderate
|£43,060 - £219,070
|The individual has serious disabilities similar to those with moderately severe brain damage but the level of dependency is markedly lower.
|Brain Damage - Less Severe
|£15,320 to £43,060
|The individual will have made a good recovery and is able to get back to work and have a normal social life, although there may still be persisting problems such as concentration is poor and memory is affected.
|Brain Damage - Minor
|£2,210 to £12,770
|Brain damage is considered minimal. Factors that help determine which end of the bracket the individual will receive are how severe the initial injury was, how long it has taken to recover, continuing symptoms, headaches.
- Special Damages – These damages account for the financial implications that the victim has incurred due to their injury. Special damages include costs such as medical and travel expenses. Special damages also include any costs that may have been incurred if extra help is needed around the home or for personal care. They also include any loss of income or future loss of income.
No Win No Fee claims, also referred to as Conditional Fee Agreements, are in place to provide legal representation when making a medical negligence claim.
With No Win No Fee policies, the claimant is not required to make any payments to their medical negligence lawyer at all before or during the process of them making their claim. If the claim is successful, their lawyer will then ask for a small contribution towards their costs of securing the compensation for the claimant. This is then usually paid as a small percentage of the final settlement amount. There is no need to worry; however, this amount is legally capped. If the claim is unsuccessful and no compensation award has been secured, the claimant need not pay their lawyer anything.
If you would like to discuss making a medical negligence claim with Medical Negligence Assist, you can contact us on 0800 652 3087, and we will do our best to help you.
Below you can find some more links and resources that can help with stroke misdiagnosis compensation claims.
Filing Hospital Negligence Claims – Some information is provided here regarding claiming hospital negligence.
Stroke Prevention – The NHS gives advice here on things that can help prevent a stroke from happening.
Impact Of Having A Stroke – A guide from the Stroke Association on how a stroke may impact you.
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Written by Kelly
Edited by Lis.
Thank you for reading our stroke misdiagnosis compensation guide.