Advice On Stroke Misdiagnosis Claims
If you, or someone you know, has suffered from a stroke misdiagnosis, we can help with the stroke misdiagnosis claims process.
£85 million in compensation
Advice On Stroke Misdiagnosis Claims
If you, or someone you know, has suffered from a stroke misdiagnosis, we can help with the stroke misdiagnosis claims process.
How Much Compensation For Stroke Misdiagnosis Claims?
Strokes are a very serious medical condition that can happen to anyone. But, the situation can be even more devastating if you or a loved one suffered a stroke that could have been prevented had the right level of care been provided. We could help you or a loved one through the stroke misdiagnosis claims process.
Key Takeaways
- Anyone can suffer a stroke.
- A stroke misdiagnosis can have life-changing and serious effects, such as paralysis.
- Stroke misdiagnosis occurs when a stroke is wrongly diagnosed or diagnosed too late.
- A common cause of a stroke misdiagnosis is mistaking the symptoms for a less serious condition, such as a migraine.
- A stroke misdiagnosis can lead to financial losses, such as the cost of hiring caregivers or purchasing mobility aids.
Our medical negligence solicitors are specialists in medical misdiagnosis claims. They will handle your claim with care and precision, ensuring that you have the best chances of success. Chat to us for free to find out whether a solicitor can help you today:
- Call 0151 375 9916.
- Visit our ‘Contact Us’ page.
Can I Claim For A Stroke Misdiagnosis?
You could claim for a stroke misdiagnosis if you can prove you suffered avoidable or unnecessary harm due to a medical professional acting negligently when treating you.
Essentially, all medical negligence claims need to meet the following criteria:
- You were owed a duty of care.
- A medical professional breached this duty of care.
- Your stroke was misdiagnosed as a result of this breach, which led you to suffer harm that could have been prevented.
You are owed a duty of care by every medical professional who treats you. Medical professionals, to adhere to their duty of care, are expected to always provide the correct standards of care. Hence, it is classed as a breach of duty if the care they provide ever falls below the minimum acceptable standards.
If you believe your stroke misdiagnosis was a result of poor medical care, please don’t hesitate to contact us today. Have a chat with one of our advisors about your circumstances, and they will be able to confirm for free whether you have an eligible stroke misdiagnosis claim.
Stroke Misdiagnosis Claims On Behalf Of A Loved One
If someone you know has suffered from a stroke misdiagnosis, you may be able to make a claim on their behalf if they lack their full mental capacity and are therefore unable to make a claim themselves. In these cases, you could step in as a litigation friend and act in their best interests while making a claim on their behalf.
Although rare, you could also make a claim on a loved one’s behalf if they are a minor who has suffered a stroke misdiagnosis, as those under 18 are unable to make a claim by themselves.
For more information on how to make a stroke misdiagnosis claim for someone else, please don’t hesitate to ask us today.
How Much Stroke Misdiagnosis Compensation Can I Get?
How much stroke misdiagnosis compensation you could get depends on how the stroke misdiagnosis has impacted you.
Your impacts can be categorised into two different parts:
- Your physical and psychological impacts – general damages.
- Your financial impacts – special damages.
In the table below are some guideline compensation brackets for different types of harm that you could potentially suffer from a stroke misdiagnosis. Apart from the top figure, these compensation values have come from the Judicial College Guidelines (JCG), which is a document that legal professionals can use, alongside your medical records, to value your general damages.
However, none of the values in the JCG can be guaranteed, as all cases are different from one another. So, please keep this in mind when viewing this table:
Type of harm | Severity | Guideline compensation brackets | Notes |
---|---|---|---|
Multiple serious types of harm + special damages | Serious | Up to £1,000,000+ | Compensation covering multiple serious types of harm and financial losses such as rehabilitation and recovery costs. |
Paralysis | Tetraplegia (a) | £396,140 to £493,000 | Cases where the senses have been affected and physical pain is present will be applicable for the higher end of this bracket. |
Paraplegia (b) | £267,340 to £346,890 | Factors such as age, degree of independence and extent of pain will be taken into consideration. | |
Brain damage | Very severe (a) | £344,150 to £493,000 | Include cases of ‘Locked-in’ syndrome with a significantly reduced life expectancy. |
Moderately severe (b) | £267,340 to £344,150 | A permanent minimally conscious state with a significantly reduced life expectancy. | |
Moderate (c)(i) | £183,190 to £267,340 | A moderate to severe personality change and intellectual deficit, where there’s no prospect of employment. | |
Less severe (d) | £18,700 to £52,550 | A good recovery will be made, where the person can return to a normal social and work life. | |
Psychiatric damage | Severe (a) | £66,920 to £141,240 | Where all aspects of the person’s life are affected, and the prognosis is very poor. |
Moderate (c) | £7,150 to £23,270 | There will be a marked improvement due to trial and a good prognosis. |
To learn more about how compensation is calculated for stroke misdiagnosis claims, please contact our advisors.
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Why Should I Claim For Compensation After A Misdiagnosed Stroke?
You should claim compensation after a misdiagnosed stroke because, while the damage unfortunately cannot be reversed, stroke misdiagnosis compensation can help pay for any costs that have resulted from the misdiagnosis. It can help you access specialist treatment to aid your recovery, which can, in turn, help restore your quality of life. This compensation is paid out under special damages.
Below are some specific examples of special damages that you could be reimbursed for in successful stroke misdiagnosis claims:
Loss Of Income
- Lost salary/wages.
- Future loss of wages if your earning capacity is permanently reduced.
- Missed pension contributions.
- Missed opportunities for bonuses and salary raises.
- Trading losses, if you’re self-employed.
Medical Cost
- Medication costs, e.g. prescriptions.
- Medical equipment, such as mobility aids.
- Private consultation fees and healthcare costs.
Cost Of Care
- Costs for professional and domestic support, such as home care assistants.
- Gratuitous care costs, where family members and friends have provided care free of charge. Compensation for this type of care aims to reimburse for the time and effort that family members and friends have taken to help with daily tasks, personal care, and household chores.
Rehabilitation And Recovery
- Physiotherapy.
- Occupational therapy.
- Psychological therapy.
Home Or Car Adaptations
- Making changes to your home to make it more accessible, such as adding a stair lift, adding grab bars in the bathroom, and widening doorways.
- Making changes to your vehicle to make it easier to use, such as steering aids and hand controls.
Travel Costs
- Public transport costs.
- Taxi costs.
- Parking and petrol costs.
From attending medical appointments and rehabilitation sessions.
Interim Payments
Interim payments are payments taken out of your compensation total and are awarded to you before the claim has concluded. They are awarded to help pay for any immediate costs that come up throughout the claims process. In order to receive interim payments, the negligent medical professional must admit liability, or there must be a really strong likelihood that your claim will succeed.
The value of your special damages has the potential to be greater than your general damages since your past, current, and future financial losses are covered. So, it is essential to keep as much evidence of your financial impacts as possible. For help with proving your special damages, please contact us today; our solicitors might be able to help you collect evidence if your medical misdiagnosis claim is valid.
What Is A Stroke?
A stroke occurs when the blood supply to a part of the brain is cut off. It can affect your movement and speech and requires urgent medical attention.
There are 3 different types of strokes:
- An ischaemic stroke – This is the most common type, and is when a blood clot is the cause of the blocked blood flow to the brain.
- A haemorrhagic stroke – When a burst blood vessel is the cause of the blocked blood flow to the brain.
- A transient ischaemic attack (a mini stroke) – When the symptoms of a stroke last less than 24 hours.
What Are The Symptoms Of A Stroke?
The easiest way to remember the main symptoms of a stroke is the word FAST, which stands for:
- Face – one side of your face droops.
- Arms – numbness and weakness in one arm, making it difficult to fully lift both arms and keep them there.
- Speech – speech is slurred.
- Time – it’s time to call 999 if these symptoms are present.
If you have had a stroke misdiagnosed, you could be entitled to compensation. So, please contact us today.
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How Can Negligence Lead To A Stroke Misdiagnosis?
There are various ways negligence could lead to stroke misdiagnosis, such as not taking patient symptoms seriously or referring for further tests.
Some more detailed examples of when stroke misdiagnosis claims could be made include:
- An ambulance arrived after 999 was called, as you were having a suspected stroke. However, the ambulance paramedics had not had the required stroke training. They were therefore unable to identify your symptoms, and you were taken to the wrong department rather than a specialist stroke unit. This resulted in delayed treatment, which worsened the impacts of the stroke.
- You visited your GP after having a suspected mini-stroke at home. However, the GP failed to send you to have blood tests or a CT, even though you displayed clear symptoms of a stroke, and misdiagnosed you with having epilepsy instead. This resulted in your health becoming worse.
- A doctor failed to properly check your medical history in a hospital, missing indicators that you have a high risk of a stroke (such as high blood pressure). This meant that they did not appropriately plan how your risk factors should be managed. This failure led to you having a stroke and suffering permanent damage to your brain.
As these examples do not represent all of the ways a stroke misdiagnosis could potentially occur due to negligent actions, you should discuss your specific circumstances with us. We can help identify whether the duty of care that was owed to you was breached.
The Impacts Of Delayed Stroke Treatment
Delayed stroke treatment can significantly increase the risk of permanent brain damage, disability, and sometimes even death. Brain cells are lost for each minute that a stroke goes untreated. This can lead to severe, long-lasting neurological issues, including:
- Paralysis.
- Lost functions (such as mobility and speech).
- Cognitive deficits.
- An increased need for rehabilitation.
While medications, if given early, can prevent long-lasting disabilities, delays in treatment reduce options and increase the risk of more extensive brain damage.
If you, or a loved one, has suffered devastating impacts following a stroke misdiagnosis, our advisors are here to listen and help as much as they can. Please contact us today.
How Can I Prove A Stroke Misdiagnosis Claim?
You can prove a stroke misdiagnosis claim by gathering sufficient evidence that shows how a medical professional was liable and what harm you suffered. Examples of evidence could include:
- Copies of your medical records from before, during, and after you sought medical attention for a stroke. Your records can help identify when the duty of care was breached and how this led to the brain injury.
- Copies of your test results (from blood tests, CT scans, etc.) that show when signs of a stroke should have been identified.
- A diary where you recorded your stroke symptoms.
- A detailed timeline of when you sought medical attention, and when you were given treatment.
- Contact details from anyone who witnessed you receive the misdiagnosis.
After suffering from a stroke misdiagnosis, the last thing you probably want to do is to collect the above documents and details. This is why our solicitors collect evidence on their clients’ behalf, so that their clients can focus on recovery.
If you would like one of our solicitors to collect your evidence for you and work on your case on a No Win No Fee basis, please get in touch with us today.
No Win No Fee Stroke Misdiagnosis Claims With JF Law
All of our solicitors work on a No Win No Fee basis, specifically by offering a Conditional Fee Agreement (CFA). This means that you can make a stroke misdiagnosis claim with ease and peace of mind, knowing that you won’t have to pay a single penny for your solicitor’s services:
- Upfront.
- Throughout the entire claims process.
- If your claim is not successful.
If your claim is successful, you still benefit from not having to pay for your solicitor’s services directly from your pocket; instead, your solicitor will keep a small percentage of the compensation. This is called the success fee, and is legally capped to ensure that the majority of the compensation is yours, no matter what.
Here are just some of our solicitors’ services:
- Collecting evidence on behalf of the client.
- Communicating with the defendant and other relevant parties on behalf of the client.
- Explaining legal jargon to the client.
- Negotiating the best compensation award possible.
- Finding and sorting legal representation for the client if the claim gets taken to court.
So, to make a No Win No Fee stroke misdiagnosis claim today, please feel free to have a chat with us at any time.
Contact Our Solicitors
Our solicitors can make the stroke misdiagnosis claims process as simple as can be. They have won over £90 million in medical negligence compensation for previous clients, and can potentially help you with your claim today. Our contact lines are live 24/7:
- Call 0151 375 9916.
- Visit our ‘Contact Us’ page.
More Information
If you found this guide helpful, please feel free to browse our similar guides:
- Learn about medication error claims.
- Find out what loss of amenity means and how it can be factored into a compensation claim.
- Learn about surgery negligence claims.
These other pages might also be helpful for you:
- NHS – how to reduce the risk of a stroke as much as possible.
- National Institute for Health and Care Excellence (NICE) – statistics on strokes.
- General Medical Council (GMC) – what professional standards you should expect from doctors.
We hope that this guide on stroke misdiagnosis claims has provided you with some useful information. Please remember that our friendly advisors are more than happy to answer any questions you have about the claims process. They are available to support and advise you 24/7.
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