Understanding the Relationship Between Strokes & Medical Malpractice

Many strokes happen despite proper medical care, especially when they result from underlying health conditions like high blood pressure, heart disease, or genetic risk factors. Some strokes occur suddenly and progress so rapidly that even timely and appropriate treatment can’t prevent serious outcomes. In these cases, it’s possible your healthcare provider may have done everything right.

However, medical malpractice comes into play when a stroke could have been prevented or its damage reduced but wasn’t due to a provider’s negligence. This includes things like:

• Misdiagnosis: Strokes are sometimes mistaken for migraines, inner ear infections, anxiety, or other conditions. This error can cost precious time and worsen outcomes.
• Delays in Care or Delayed Diagnoses: Strokes are incredibly time-sensitive. Failing to administer a clot-busting drug like tPA within the appropriate window (usually 3-4.5 hours of symptom onset) can make the difference between recovery and lifelong disability.  
• Failure to Monitor: Uncontrolled high blood pressure is a major controllable risk factor for strokes. In any case, where a patient shows symptoms of a stroke, healthcare providers should always closely monitor and treat conditions with proper testing like a CT scan, MRI, or specialist tests like a carotid ultrasound or blood tests to detect clotting issues
• Surgical or Anesthesia Errors: In rare cases, stroke can be triggered by complications during surgery, especially if blood flow to the brain is disrupted. Failing to properly manage this risk may be grounds for a malpractice claim. 

Each of these scenarios involves a breach of the standard of care and preventable mistakes that have severe consequences.

Recognizing the signs of stroke

The signs of stroke often appear suddenly and require immediate medical attention to prevent further injury. The acronym BE FAST can help you remember the key warning signs:

• Balance: Sudden loss of balance or coordination
• Eyes: Blurred or double vision or sudden loss of vision
• Face: Drooping on one side of the face or numb feeling
• Arms: Weakness or numbness in one arm, test by trying to raise both arms
• Speech: Slurred speech or inability to speak
• Time: Act quickly and call 911 immediately if you notice any of these signs

Other symptoms may include severe headache, confusion, dizziness, or nausea. If you or a loved one experiences these signs, insist on immediate medical evaluation, including imaging tests like a CT scan or MRI. Advocating for yourself or a loved one in a medical setting can make all the difference.

How do I sue for a stroke-related injury or death in Georgia?

If you or a loved one has been harmed by substandard care, you may want to file a lawsuit. Here’s how to start your medical negligence case.

1. Find a qualified attorney with a history of success in medical malpractice cases and experience taking cases all the way to trial. The greater the harm, the more providers, employers and insurers will get involved. That’s when you need the most qualified, experienced counsel.
2. Obtain and review medical records. Once the attorneys have evaluated your case, they should help you obtain certified medical records from the healthcare organization where the brain or spinal injury occurred. Qualified attorneys like Bell Law Firm will then review the medical records closely in consultation with medical experts to identify the precise actions and inactions that resulted in negligence or malpractice.
3. Obtain an expert affidavit. Once you and your attorneys have identified what went wrong, the case should be evaluated by qualified healthcare professionals (experts) who are willing to testify on your behalf.
4. File the complaint. A complaint is a document that launches the lawsuit. It should tell your story clearly and thoroughly based on the medical records and other evidence. A complaint should also spell out each instance of alleged negligence as a “claim” or a “cause of action.” That way, the court and defendants know you’ve done your homework and are backed by qualified attorneys and experts. 

Keep in mind that every state has a deadline for filing a complaint. With narrow exceptions, Georgia requires filing within two years after the alleged negligence harmed the patient.

What to do if you suspect stroke misdiagnosis

If you suspect a potential stroke misdiagnosis, there are some steps you can follow:

1. Request thorough testing: If stroke symptoms are present, request imaging studies, such as a CT scan or MRI, to confirm or rule out a stroke.
2. Keep detailed notes: Keep a record of changes or frequency in symptoms. This can provide a clear timeline, and medical professionals can make an accurate diagnosis.
3. Seek a second opinion: If symptoms persist or worsen after being discharged, don’t hesitate to seek care from another provider.
4. Trust your instincts: You know your body best. If something feels wrong, speak up and advocate for further evaluation.

Can I sue my doctor if I suspect a stroke misdiagnosis or delay in care?

Yes, if a healthcare provider’s failure to recognize, diagnose, or treat a stroke caused serious harm or even death, you may have grounds for a medical malpractice claim. Our team at Bell Law Firm can help determine whether the standard of care wasn’t met and whether that breach directly caused permanent injury or death.z

It’s important to find an attorney with experience in stroke-related cases. Our past case examples include:

• Huizer v. Piedmont Healthcare
• Buckelew v. Womack
• Lane v. Emory Healthcare

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