In Stroke: When Time Is Brain

Representation for Individuals Harmed by Delayed and Improper Stroke Treatment

Trusted and Award-Winning Representation

When a stroke occurs, every second counts. Immediate, accurate medical care can mean the difference between recovery and lasting damage. Unfortunately, when doctors or hospitals fail to recognize stroke symptoms or delay critical treatment, the consequences can be life-altering—or even fatal. 

At Deutsch Law, we specialize in handling stroke malpractice cases, ensuring that those harmed by negligence receive the compensation and support they deserve when emergency medical care fails to act swiftly and appropriately. Whether it’s a delayed diagnosis, improper application of treatment protocols, or failure to follow established guidelines, our experienced stroke malpractice lawyers in New York are dedicated to holding negligent parties accountable. 

Why “Time Is Brain” in Stroke Cases

A stroke is an interruption in blood flow to the brain, typically caused by a blood clot in the vessels within or leading to the brain. In the context of a stroke, “time is brain.” Brain cells cut off from blood and oxygen during a stroke begin to die rapidly, making immediate and effective treatment crucial. 

Once in progress, the death of brain cells from stroke proceeds rapidly. This is why all physicians are taught that “time is brain” when it comes to stroke. The typical stroke patient loses 1.9 million neurons each minute during which a stroke remains untreated. [1] That is, every minute stroke treatment is delayed means a million more brain connections lost, and more brain function is lost. 

Accordingly, the medical organizations have created guidelines intended to define for physicians, and hospitals treating stroke when certain critical activities should be performed.[2]

Common Forms of Stroke Malpractice

Stroke malpractice often arises when medical professionals fail to adhere to established protocols for diagnosing and treating stroke patients. Key examples include: 

  • Delayed Stroke Diagnosis or Stroke Misdiagnosis: Mistaking stroke symptoms for less critical conditions like migraines or vertigo can lead to dangerous delays in care. 
  • Failure to Administer tPA: Tissue plasminogen activator (tPA) is a clot-busting drug that can minimize stroke damage if given within 4.5 hours of symptom onset. TPA is dramatically effective to dissolve clots causing stroke and restore blood flow. [3] Missing this window due to negligence can have devastating effects. The difference between prompt treatment and late treatment can be the difference between mild weakness and complete inability to speak or care for oneself. 
  • Improper Stroke Code Activation: Hospitals must follow protocols for rapid response and testing. Failing to activate a “stroke code” or delaying essential imaging (like CT or MRI scans) can prevent timely treatment. 
  • Negligent Post-Stroke Care: After a stroke, monitoring for complications like swelling or secondary clots is crucial. Negligent follow-up can worsen long-term outcomes or lead to additional strokes. 

Why Trust Us for Your Stroke Malpractice Case?

Specialized Expertise in Stroke Malpractice Law: We specialize in stroke malpractice cases, focusing on emergency care protocols, such as the “door-to-needle” rule. This expertise allows us to uncover negligence and present compelling evidence. 

Proven Results in Medical Malpractice Cases: With a history of successful stroke malpractice cases, we thoroughly investigate every detail, from AHA protocol compliance to demonstrating the impact of delays or errors on the patient’s health. 

Compassionate and Dedicated Support: A stroke impacts patients and families. We’re dedicated to guiding you with empathy and steadfast legal representation.

Our Stroke Malpractice Expertise

Comprehensive Coverage of Stroke Malpractice Cases

We manage a diverse array of stroke malpractice claims, providing tailored legal support for every unique case. No matter the circumstances, our team at Deutsch Law is equipped with the knowledge and dedication to advocate for you. 

Delayed Diagnosis of Stroke

Failure to Prioritize Stroke Emergencies

Improper Application of the 60-Minute Rule

Negligent Administration of TPA

Failure to Recognize Stroke Symptoms

What Our Clients Say

4.7 out of 5

“Dear Larry,​
Please accept our gratitude for your herculean efforts. Because of your guidance, we can now hopefully smile when he looks at the “Man in the Mirror.” You were our general; you were our Atticus Finch.​
Sincerely,
Mr. and Mrs. V”

“Dear Larry,
​I have been meaning to write to you to say “Thank you,” for all the work. You believed in us right from the start. Your integrity and professionalism were truly exceptional, and very much appreciated! I wish I had been there when the jury came back. My husband called me at work and I started to cry. From what I hear, your summation was just fabulous. You should be so proud.
Sincerely,
Mrs. D.”

“I wanted to sincerely thank you for all your effort on my behalf. I honestly never imagined that I would receive such a large settlement. I am very grateful that you represented me with such professionalism, knowledge, courtesy, and of course, great negotiating skills. It’s such a comfort to know that now I can worry a little less knowing I have a nice cushion for retirement and my family.
Thanks again for everything!”

Our Approach to Stroke Malpractice Cases

Initial Consultation

We begin with a free, detailed consultation to understand your experience, evaluate your case, and explain your legal options, ensuring a solid foundation for your claim.

Detailed Case Investigation

Our team meticulously reviews medical records, imaging, protocols, and response times to uncover deviations from standard care and strengthen your case.

Expert Collaboration

We work with neurologists, ER physicians, and radiologists to provide expert testimony, highlighting errors and their impact on your health.

Negotiation and Litigation

We negotiate relentlessly for fair compensation, and if necessary, we take your case to trial to ensure justice.

Post-Settlement Support

We provide post-settlement connections, including financial guidance and trust creation, to ensure long-term security and peace of mind.

Collaborating with top medical experts—including Ivy League alumni and department heads—gives us the edge to win even the most complex cases.

Financial Support for Your Legal Journey

No Upfront Fees

Our fees are contingent on results; you owe nothing unless we recover compensation for you. This allows you to focus on recovery without financial concerns.

Access to Financial Assistance

When needed, we connect clients with financial resources to ease the burden during their case, helping them prioritize health and avoid settling for less than they deserve. Our team is here to support you every step of the way.

Has your stroke been treated improperly?

Delayed stroke diagnosis or improper stroke treatment can have life-altering consequences, but you don’t have to face this challenge alone. Let Deutsch Law advocate for your rights and pursue the fair compensation you deserve. We are dedicated to helping you rebuild your life after stroke malpractice.

Have questions about stroke malpractice cases? We have answers!

What is improper application of the 60-minute rule?

The medical organizations have created guidelines intended to define for physicians, and hospitals treating stroke when certain critical activities should be performed.[2] The “60-minute door-to-needle” rule dictates that treatment for a stroke should be administered within 60 minutes of the patient’s arrival at the ER. Deviations from this guideline can be evidence of malpractice. Our attorneys meticulously review the timeline of events to identify any breaches of this critical protocol. 

What is the negligent administration of TPA?

TPA (Tissue Plasminogen Activator) is a life-saving medication for stroke patients that dissolves blood clots, restoring blood flow to the brain. TPA is dramatically effective to dissolve clots causing stroke and restore blood flow. [3] When medical providers fail to administer TPA promptly or correctly, it can result in severe brain damage or death. We hold healthcare providers accountable for negligent TPA administration. 

What is the “60-minute door to needle” rule for stroke treatment?

The “60-minute door to needle” rule is a critical standard in stroke care, which requires that stroke patients eligible to receive tissue plasminogen activator (TPA) should be treated within 60 minutes of their arrival at the emergency room. This guideline, part of the American Heart Association’s “Target Stroke” program launched in 2010, aims to improve stroke care by reducing door-to-needle times for eligible patients. Failure to adhere to this rule may be considered a breach of medical protocol, which could form the basis of a medical malpractice claim. [4] 

What is the average settlement for a stroke malpractice case?

The settlement amount for a stroke malpractice case can vary widely depending on factors like the severity of the injury, the extent of medical negligence, and the long-term impact on the victim’s life. While there is no fixed “average” settlement, victims of stroke malpractice can receive substantial compensation for medical costs, lost income, pain and suffering, and other damages. Consulting with a skilled attorney can help you understand the potential value of your case. 

How long do I have to file a stroke malpractice claim in New York?

In New York, the statute of limitations for filing a stroke malpractice claim is generally two years from the date of the injury. However, there are exceptions, so it’s crucial to consult with a stroke negligence lawyer in NYC as soon as possible.

What types of stroke malpractice cases do you handle?

We handle a wide range of stroke malpractice cases, including failure to prioritize emergencies, delayed diagnosis, improper application of the 60-minute rule, negligent administration of TPA, and more. Each case is unique, and we tailor our approach to meet your specific needs. 

How do you determine if I have a stroke malpractice case?

In your free consultation, we’ll carefully listen to your experience, evaluate the medical records and evidence, and assess whether your case meets the legal criteria for stroke malpractice. We will ensure that your case is thoroughly examined according to medical standards and legal requirements before proceeding with the next steps. 

What is the process of filing a stroke malpractice lawsuit?

Filing a stroke malpractice lawsuit involves multiple stages, such as collecting evidence, consulting with medical experts, drafting and filing the complaint, undergoing discovery, engaging in settlement negotiations, and proceeding to trial if necessary. Our team will guide you through each of these steps, providing support and expertise to ensure the process is as seamless as possible. 

Do you offer free consultations?

Yes, we offer free consultations to assess your case and discuss your legal options. There is no obligation to proceed after the consultation, and we ensure you have the information needed to make an informed decision about your next steps. 

What happens if I lose my case?

If we do not win your case, you won’t owe us anything. Our contingency fee structure ensures that you only pay if we successfully secure a favorable outcome on your behalf, relieving you of any financial risk. 

References

[1] “Time is Brain” (Stroke, vol.37, No.1 2006).  

[2] American Heart Association and American Stroke Association.  

[3] Severe stroke patients timely treated with TPA twice as likely to recover with less disability than if not timely treated. Stroke, vol. 44, No. 11 (2013).  

[4] The American Heart Association began its “Target Stroke” program in 2010. It is described by the AHA as a “national quality improvement initiative focused on improving acute ischemic stroke care by reducing door-to-needle times for eligible patients being treated with TPA.” www.heart.org/en/professional/quality-improvement/target-stroke  

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