Delayed Diagnosis of Stroke: Legal Representation Matters 

Delayed Stroke Diagnosis

In strokes, delay obtaining effective treatment can mean the difference between a good recovery and severe, permanent damage. Yet despite advances in medical techniques, and a broad awareness campaign for both patients and professionals, delayed stroke diagnosis remains a major problem.

For those facing the aftermath of a delayed stroke diagnosis, the right legal representation can also make a difference in being able to obtain accountability and securing fair compensation for the harm caused by medical negligence. If you believe there was delay in diagnosis or treatment of a stroke, Deutsch Law in New York is here to help evaluate your care, and understand your legal options.

What Is a Delayed Stroke Diagnosis?

A delayed stroke diagnosis happens when doctors don’t catch or treat the signs of a stroke soon enough. Almost all strokes have a better outcome with prompt treatment: particularly if the patient can get to a hospital within 4-6 hours of the initial stroke event.  Delays from there can, too often, lead to serious, lasting disability or even death.

Common causes of delayed diagnosis include:

  • Failure to recognize symptoms: Strokes often present with symptoms like slurred speech, sudden onset of confusion, facial drooping, or weakness on one side of the body. If these signs are dismissed or misinterpreted, critical time may be lost.
  • Misdiagnosis of other conditions: Some strokes are misdiagnosed as migraines, vertigo, or anxiety attacks, leading to delays in treatment.
  • Lack of appropriate testing: Neglecting to order critical diagnostic tests, such as CT scans or MRIs, can delay stroke identification.
  • Delay in prompt “clot busting” medications (such as “tPA”) can worsen stroke outcomes.
  • Failure to transfer for needed stroke care: Some strokes need specialized care at a “stroke center.” We have seen where delays in transferring to needed, higher level of care has caused unnecessary stroke damage.

 

Effects of Delayed Stroke Diagnosis

If a stroke isn’t diagnosed or treated promptly, the results can be devastating. The brain can suffer lasting damage: leading to lasting physical, cognitive, and emotional challenges, such as:

  • Loss of mobility or paralysis
  • Speech and language difficulties
  • Memory loss or cognitive impairments
  • Loss of ability to organize and plan
  • Personality changes and emotional difficulties

Families are often hit with financial burdens too, from medical bills and rehabilitation costs to caregiving and lost wages.

If your stroke or a loved one’s stroke was misdiagnosed, or treated too late, you may be entitled to seek compensation. By holding healthcare providers accountable, you can receive financial support for the damages caused and help drive patient-centered safety practices in medical care.

Why The Right Representation in Stroke Cases Matters

If you’re dealing with an improper stroke diagnosis or poor stroke care, obtaining the right legal counsel really matters. This is a highly complex medical and legal area.  Our firm is highly experienced in this area, which we believe helps our clients to maximize their likelihood of obtaining proper compensation. We believe the following help set us apart:

Sophisticated Knowledge of Stroke Medicine

We bring to bear in-depth knowledge of stroke care medicine, and have developed a deep network of world-class stroke experts. This helps us to deeply analyze your medical course, and understand if there was malpractice.

Building a Strong Case

Bringing a case is much more than knowing “Do I have a case.”  We have the knowledge and experience to integrate the medical records, research particular to your situation and input from medical experts, to understand and present the best evidence to prove your case.  

Negotiating with Insurance Companies

Insurance companies, naturally, want to minimize their payouts, even in clear cases of negligence.  Having the right attorneys, with a proven track record of obtaining successful results, is typically necessary to motivate an insurance company to reach a fair agreement — to obtain the resources you need for your best possible recovery.

What Compensation Is Permitted?

Compensation in delayed stroke diagnosis cases can cover a wide range of damages, often including:

  • Medical cost reimbursement
  • Rehabilitation and therapy expenses needed for ongoing care and recovery
  • Lost wages and loss of future earning potential
  • Physical pain and discomfort
  • Emotional effects of stroke damage

Our experience in this legal area, and the medical challenges of stroke, helps us to understand, present and advocate for the proper compensation due to our clients, based on the facts of the case and applicable law.  

Advocating for Accountability and Patient Safety

Legal action is not just about compensation in the individual case. We believe strongly that by creating incentives for patient safety, we help keep hospitals and providers vigilant to recognize and properly treat serious conditions such as stroke.  Your case may not only help you, when needed. But in pursuing the right claims, you can help drive improvements in medical care among the providers in your community.

Why Choose Deutsch Law for Delayed Stroke Diagnosis Cases?

Deutsch Law has a proven track record of helping deserving clients obtain successful outcomes in cases of medical negligence, including delayed stroke diagnosis. Here’s why Deutsch Law is the right choice for your case:

1. Expertise in Medical Malpractice Cases

Medical malpractice is a highly specialized area of law that requires an in-depth understanding of both medical and legal principles. Deutsch Law has extensive experience representing clients in delayed stroke diagnosis cases, ensuring that no detail is overlooked.

2. Communication With Our Clients

At Deutsch Law, we prioritize communication with our clients. We provide our clients with guidance at every stage of the legal process, and answer questions. 

3. Proven Results

Deutsch Law has helped clients secure significant compensation to cover medical expenses, lost income, for their physical pain and more. Our record of results is respected by our litigation adversaries and the insurance companies with whom we negotiate on your behalf.  

What Can I Expect In the Legal Process For A Stroke Case?

Navigating the legal process can feel overwhelming, especially after a life-changing medical event. Here’s an outline of how Deutsch Law can guide you through your a case involving delayed stroke diagnosis :

Step 1: Schedule a Free Consultation

Start by contacting Deutsch Law in New York for a no-cost case evaluation. During this consultation, our attorneys will review your medical history, treatment timeline, and the impact of the delayed diagnosis.

Step 2: Investigation and Evidence Collection

Our team will gather crucial evidence, including medical records, expert opinions, and witness testimonies, to understand if there was malpractice, and if so, to build a compelling case on your behalf.

Step 3: Legal Filing and Negotiation

Deutsch Law will initiate legal action by filing a claim against the responsible party (or parties)—whether that’s a doctor, hospital, or other healthcare provider.  We have brought cases involving some of the largest healthcare providers, and have obtained successful results in the vast majority of all our cases.

Step 4: Go to Trial (when in your best interests)

If a fair settlement cannot be reached, we are prepared and able to provide you experienced, effective representation at trial.  

Taking the First Step Toward Healing and Accountability

Delayed or poor stroke care can be traumatic.  But with Deutsch Law by your side, you can take the first step towards healing, and some accountability for what you or a loved one has experienced. 

Take the first step by securing compensation —contact Deutsch Law for a no-cost consultation today.

FAQ About Delayed Stroke Diagnosis Cases

How do I prove that a delayed stroke diagnosis led to worsened outcome?

Proof relies on demonstrating that a healthcare provider’s delay or negligence directly contributed to a worsened outcome. This typically involves analysis of your medical history, the timeline of stroke, and expert medical input as to how your course would likely have been different, if proper care had been provided.   

What kind of compensation can I claim?

If there was malpractice, you may be entitled to be compensated for:

  • Medical expenses (past and future)
  • Lost income or diminished earning capacity
  • Physical pain and discomfort
  • Emotional damage
  • Loss of quality of life

Is there a time limit to file a claim?

Yes, medical malpractice cases are subject to time limits known as “statutes of limitation.” In New York, you generally have two and a half years to file a claim from the date of malpractice. Some cases (such as those involving municipal entities) can have shorter periods, some as short as 90 days to file a “Notice of Claim.”  If you have serious questions about your medical care, you should obtain a qualified evaluation without delay, to preserve your right to file a claim if warranted.  

Was It Malpractice? We Can Help You Find Answers

About the author

Picture of Laurence M. Deutsch
Laurence M. Deutsch
Laurence M. Deutsch is the managing partner of Deutsch Law PC, focusing on medical malpractice and personal injury litigation. Over his 20-year career, he has secured many of New York State’s leading verdicts, frequently serves as a legal analyst for ABC World News Tonight, and is an invited member of the New York City Bar Association’s Medical Malpractice Committee. Laurence holds a J.D. from the University of Chicago Law School and has been consistently recognized as both a “Super Lawyer” and “Preeminent” attorney.He is the author of Medical Records for Attorneys (American Bar Association, ISBN 0-8318-0817-9) and co-author of multiple chapters in prominent legal references, including “Preparing for Trial” in Medical Malpractice in New York (4th ed., NYS Bar Association, 2017), “Damages” in the NY State Trial Lawyers Association Annual Update (2005, 2006, 2012, 2013, 2014), and “Medical Malpractice” in The Personal Injury Action in New York (2011 and 2014 editions, NYS Bar Association).
Picture of Laurence M. Deutsch
Laurence M. Deutsch
Laurence M. Deutsch is the managing partner of Deutsch Law PC, focusing on medical malpractice and personal injury litigation. Over his 20-year career, he has secured many of New York State’s leading verdicts, frequently serves as a legal analyst for ABC World News Tonight, and is an invited member of the New York City Bar Association’s Medical Malpractice Committee. Laurence holds a J.D. from the University of Chicago Law School and has been consistently recognized as both a “Super Lawyer” and “Preeminent” attorney.He is the author of Medical Records for Attorneys (American Bar Association, ISBN 0-8318-0817-9) and co-author of multiple chapters in prominent legal references, including “Preparing for Trial” in Medical Malpractice in New York (4th ed., NYS Bar Association, 2017), “Damages” in the NY State Trial Lawyers Association Annual Update (2005, 2006, 2012, 2013, 2014), and “Medical Malpractice” in The Personal Injury Action in New York (2011 and 2014 editions, NYS Bar Association).

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