Stroke Misdiagnosis Claims – A Guide To Compensation

If you have experienced unnecessary harm because of a stroke misdiagnosis, you already know the devastating impact it can have on a person’s health and wellbeing. You might have heard about seeking compensation but aren’t really sure what that entails, which is why we’ve created this guide about stroke misdiagnosis claims.

In this guide, we look at the process of making a claim, who can pursue compensation, and how medical negligence might result in a stroke misdiagnosis. We look at some examples and also explore how compensation can support those who have been harmed by a misdiagnosis.

Finally, we show how a specialist solicitor from our panel could help you claim compensation for a stroke misdiagnosis. In particular, you’ll get to read about the benefits of making a No Win No Fee claim.

Our advisors are on hand 24/7 to answer any questions you have about medical negligence claims or help with your case. Get started by:

A brain scan taken of a patient that may show evidence of a stroke.

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How Do Stroke Misdiagnosis Claims Work?

Stroke misdiagnosis claims involve proving that a medical professional breached their duty of care, causing their patient to suffer unnecessary harm. A duty of care simply means that someone, such as a doctor, must meet the minimum standards expected of their profession, such as those outlined by organisations like the General Medical Council.

All medical and healthcare professionals owe a duty of care to patients. So, to pursue a stroke misdiagnosis compensation claim, you need to show that:

  1. Medical staff, such as a GP or hospital doctor, owed a duty of care to you.
  2. That the medical professional failed to provide the correct standard of medical care.
  3. That this breach led to avoidable harm.

We must note early in this guide that not all instances of stroke misdiagnosis may be considered medical negligence. We’ll explore some examples of medical negligence later on, but first, we take a look at whether you could claim on a loved one’s behalf.

Can I Claim On Behalf Of A Loved One Who Had A Stroke?

Yes, you could claim on behalf of a loved one who is a minor or has diminished mental capacity. That is because both groups are unable to pursue compensation by themselves.

In such cases, a close relative or other eligible adult can on their behalf as a litigation friend. This role is appointed by the courts to represent the person harmed and perform various duties as part of the claims process. By acting as a litigation friend, you can ensure that your loved one can still claim compensation if they were affected by medical negligence.

Please contact us if you’d like to learn more about litigation friends or stroke misdiagnosis claims in general.

What Is A Stroke?

A stroke occurs when the blood supply to the brain is disrupted. It is considered a medical emergency as it can be life-threatening and rapidly lead to an array of health complications, including severe brain damage. Many stroke survivors experience some form of physical or cognitive impairment, affecting things like speech and mobility.

Next, we take a look at different types of strokes.

Transient Ischaemic Attack

A transient ischaemic attack (TIA) is also known as a mini-stroke. It is similar to a stroke but caused by a blood clot temporarily blocking the supply of blood to the brain. The effects of a TIA usually resolve within 24 hours.

However, a TIA can be an indicator of the person being at a higher risk of suffering a more serious stroke. Steps to reduce this risk can include lifestyle changes and blood pressure management.

Ischaemic Stroke

This is the most common type of stroke, accounting for about 85% of all cases. It occurs when a blood clot blocks an artery leading to the brain, cutting off its oxygen supply. As with any stroke, an ischemic stroke needs immediate medical treatment to dissolve the clot, such as through a thrombectomy or thrombolysis medication. If undiagnosed or treated, it could result in permanent brain damage.

Haemorrhagic Stroke

Haemorrhagic strokes are a life-threatening medical emergency and account for around 10% of strokes in the UK. They are caused by a weakened blood vessel either in or around the brain bursting. This bleeding prevents the brain from getting the blood and oxygen it requires to function properly.

In addition, this type of stroke also results in pressure on the brain. Patients who experience a haemorrhagic stroke may need emergency neurosurgery or medication to control high blood pressure.

The Symptoms Of A Stroke

The symptoms of a stroke can include:

  • Loss of sight or blurred vision in one/both eyes.
  • Memory loss and confusion.
  • Falling over or feeling dizzy.
  • A severe headache.
  • Nausea or vomiting.

The NHS uses the mnemonic FAST acronym to highlight key warning signs:

  • Face – Can the person smile? Does one side of their face droop?
  • Arms – Are they able to raise their arms? Is one weaker than the other?
  • Speech – Is the person’s speech difficult to understand, such as being slurred?
  • Time – Dial 999, even if it isn’t clear a stroke has occurred.

Our team understands that a stroke can be life-changing. To discuss your specific circumstances, please reach out for help and support.

Close-up of doctors looking at a scan of a patient's brain.

How Are Strokes Misdiagnosed?

Strokes may be misdiagnosed by medical professionals failing to correctly identify the symptoms and effects of a stroke. This may lead to delays in treatment or diagnosis. Medical misdiagnosis may occur due to errors such as confusing the symptoms of a stroke for a less serious condition like a migraine.

Medical negligence may be at fault for a stroke misdiagnosis in situations like the following:

  • A doctor confuses a patient’s clear symptoms of a stroke for epilepsy. As a result, they do not order CT or other scans which would have confirmed the condition, resulting in the patient’s health worsening.
  • A GP does not properly review a patient’s medical history, missing the indicators that they are at high risk of having a stroke. Consequently, they do not come up with an appropriate plan to manage risk factors. This failure results in the patient having a stroke and suffering permanent brain damage.
  • Poor care in a hospital A&E department leads the triage team to overlook that a patient has high blood pressure and other markers of a stroke. The patient subsequently has a stroke that leaves them paraplegic.

These represent only a small number of scenarios where clinical negligence could lead to stroke misdiagnosis. Remember, however, that not all misdiagnoses will be the result of a medical professional breaching their duty of care to you.

We understand navigating what is and isn’t medical negligence can seem confusing at first, but our team is here to help. Our advisors are always ready to provide whatever information is needed about stroke misdiagnosis claims.

The Importance Of Prompt Stroke Treatment

Prompt treatment of a stroke is essential as it can limit brain damage, prevent complications, and improve recovery outcomes. For stroke survivors, it may also mean rehabilitative care can be started as soon as possible. Many patients require specialist care, such as speech and physical therapy, to help regain skills like the ability to walk or communicate.

If there are delays in treatment or diagnosis, patients may find the recovery process takes longer or is not as complete as it might otherwise have been. Moreover, an untreated or undiagnosed stroke can result in:

  • More severe and/or permanent disabilities.
  • Loss of physical and/or cognitive skills.
  • Behavioural changes, depression, and other mental health problems.

Please speak to one of our advisors if you want to discuss the treatment you or a loved one received after a stroke.

A patient lays on a table while undergoing a brain scan.

The Average Compensation For A Stroke Misdiagnosis

On average, a stroke misdiagnosis that results in very severe brain damage may lead to an award of between £344,150 and £493,000. This suggestive bracket is taken from the Judicial College Guidelines (JCG). The JCG is a resource which medical negligence solicitors may use when calculating the value of general damages. This is a head of loss that awards compensation based on someone’s pain and suffering.

However, how much compensation you or a loved one may receive will depend on individual circumstances. Moreover, stroke misdiagnosis claims can also compensate related financial losses under special damages, which we will discuss in the section below.

The following table includes some figures from the JCG. Please note, that these are only suggestive brackets, and the top entry isn’t from the document.

HarmSeverityCompensation
Multiple types of severe harm and special damagesMultiple severe forms of harm, inclusive of special damages like lost earnings.Up to £1,000,000+
Brain damageVery severe£344,150 to £493,000
Moderately severe£267,340 to £344,150
Moderate (i)£183,190 to £267,340
Moderate (ii)£110,720 to £183,190
Moderate (ii)£52,550 to £110,720
Less severe£18,700 to £52,550
ParalysisParaplegia£267,240 to £346,890
EpilepsyEstablished grand mal£124,470 to £183,190
Psychiatric damageSevere - (a)£66,920 to £141,240

We understand you may want to know more about compensation, so feel free to get in touch with our team at a time that suits you.

How Can Compensation Help Me After A Stroke Misdiagnosis?

As touched on, compensation for stroke misdiagnosis can help support your recovery and enable you to recoup the financial losses you’ve endured. For instance, you may have lost income because you were unable to work or had to pay out-of-pocket for specialist stroke rehabilitation services, such as speech therapy and physiotherapy.

In stroke misdiagnosis claims, the special damages we mentioned above can reimburse many other costs, including:

  • Home adaptations, such as ramps, stair lifts, and grab rails.
  • Car modifications to improve accessibility.
  • Mobility aids like electric scooters and wheelchairs.
  • Care from professionals or loved ones.
  • Therapy or counselling.

These and any other costs claimed for will need supporting evidence, such as recent payslips, medical invoices, and bills for domestic care.

If you have any questions about special damages, please speak to one of our trained advisors today.

Evidence To Prove A Misdiagnosis Was Negligent

In order to prove a negligent misdiagnosis, you will need evidence that shows how a medical professional, such as a GP, may have breached their duty of care and caused you avoidable harm. Key evidence in proving medical negligence can include:

  • Medical records – These should contain details like initial and subsequent symptoms as well as any tests ordered, diagnoses made, and treatments provided.
  • Test results – Blood, MRI, or CT tests may help show how medical negligence occurred.
  • Diary notes – Keeping a diary can show how you were treated, provide a timeline of your treatments, and give an insight into how your day-to-day life is affected.
  • Witness statements – You may collect the contact details of anyone who might have seen negligent care take place and who could later provide a statement.

Additionally, you may also report the doctor for medical negligence. You could use the correspondence and the findings of any investigation as evidence.

Gathering evidence after a stroke misdiagnosis can seem daunting, but a solicitor from our panel can help with this vital task. You can learn more by getting in touch with an advisor.

Is There A Stroke Misdiagnosis Claims Time Limit?

Typically, stroke misdiagnosis compensation claims have 3 years in which to be filed, per the Limitation Act 1980. This time limit may either start from when the medical negligence happened or the date you became aware you suffered because of it.

However, the limitation period may differ for parties who cannot launch a claim on their own:

  • Time limits for minors don’t begin till the day of their 18th birthday, giving them until 21 to launch a claim.
  • Those with a diminished mental capacity aren’t subject to a time limit unless there is a recovery. If an individual regains their mental capacity, the standard 3-year limit applies from the point of recovery.

As previously discussed, a litigation friend could make a claim on behalf of either group. They may do so whilst the time limit is not in effect.

Are you unsure about how time limits could affect you or your loved one’s claim? One of our advisors can help answer any questions you have.

Stroke Misdiagnosis Negligence No Win No Fee Claims

At UK Law, we work with a panel of expert solicitors who could help you make a stroke misdiagnosis negligence claim on a No Win No Fee basis. Specifically, they can handle your claim through a Conditional Fee Agreement (CFA). This arrangement ensures you only have to pay for the solicitor’s work if your claim is successful, meaning no upfront or ongoing fees (and none at all if it fails).

The fee you would pay for a solicitor’s services (called a success fee) is charged as a percentage of the compensation you receive. This percentage is agreed upon when you sign a CFA and is limited by law.

CFAs aren’t the only benefit of working with our panel of solicitors. They have decades of experience helping secure compensation in medical negligence claims and can:

  • Help explain medical or legal jargon.
  • Organise an independent medical assessment.
  • Obtain evidence for your claim.
  • Negotiate on your behalf to secure a settlement that reflects the harm you suffered.

Contact UK Law’s Panel Of Solicitors

Ready to start your stroke misdiagnosis claim? Get in touch with a member of our team today:

  • Talk to our team live using our chat.
  • Start your stroke misdiagnosis claim online.
  • Call our team on 020 3870 4868.

A solicitor sits at a table with a gavel and justice scales whilst taking notes on stroke misdiagnosis claims.

More Information

More information on medical negligence claims:

References:

We want to thank you for taking a moment to read our stroke misdiagnosis claims guide.