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According to statistics published by the UK Parliament, around 100,000 people suffer from a stroke every year. If a stroke occurs, your health may rely on medical staff diagnosing it correctly and in good time. This guide looks at when you could claim compensation for the effects of a negligent stroke misdiagnosis.
Read through our guide to learn when it is possible to make a medical negligence claim for symptoms of a stroke being missed or misinterpreted due to substandard care. We cover important elements of a medical negligence claim, including relevant evidence and the different ways in which a settlement can account for the effects of medical misdiagnosis.
We also explain how a specialist medical negligence solicitor could help you claim on a No Win No Fee basis. You can learn more and have your potential case assessed for free by a helpful advisor by either:
- Calling 0333 000 0729
- Going online to contact us about your case.
- Using the live chat option found at the bottom of your screen.
Select A Section
- How To Claim For Stroke Misdiagnosis?
- What Are The Different Types of Strokes You Could Suffer?
- How Could A Stroke Be Misdiagnosed?
- What Evidence Is Needed To Claim For Stroke Misdiagnosis Compensation?
- How Much Could You Claim For A Stroke Misdiagnosis?
- Get Help Claiming For A Misdiagnosed Stroke With A No Win No Fee Solicitor
How To Claim For Stroke Misdiagnosis
When a medical professional treats you, they owe you a duty of care. They need to provide care meeting the correct professional standards to uphold this duty. If a failure to do so leads to a stroke misdiagnosis, they could be liable for the ensuing pain and suffering the patient experiences that could have been averted if the right standard of care had been given.
You could claim compensation for medical negligence if you can prove that:
- A medical professional owed you a duty of care.
- They failed to uphold this duty because their care did not meet the correct standard.
- As a result, you suffered avoidable harm.
Time Limits On Medical Negligence Claims
As well as meeting the eligibility requirements, you must submit your stroke negligence claim before the legal time limit elapses. Under The Limitation Act 1980, the limitation is generally three years from when the negligent treatment occurred. You could alternatively have up to three years to claim after learning that your harm was avoidable and linked to a breached duty of care.
Otherwise, only a limited number of cases would call for an exception to the general time limit. You can learn more and also check how long you have to start a claim by reaching out to us without delay.
What Are The Different Types Of Strokes You Could Suffer?
A stroke occurs when blood supply to the brain is cut off. The impact of the stroke affects the brain and body to different degrees. Stroke symptoms can be recognised using the FAST acronym:
- Face. The affected person’s mouth or eye droops.
- Arm. The person is unable to raise their arms
- Speech. Their speech is slurred or they cannot understand what someone is saying.
- Time. Seeing the above signs means it is time to call 999.
The types of strokes are:
- An ischaemic stroke. The most common type of stroke, occurring around 85% of the time, involves a blockage in the blood supply to the brain. For example, a blood clot or blood vessel inflammation could lead to a stroke.
- A haemorrhagic stroke. In this case, the stroke is caused by a bleed on or in the region of the brain.
A transient ischaemic attack (TIA), also known as a mini-stroke. TIAs show stroke symptoms, but for a shorter time.
A timely diagnosis can mean that the effects of a stroke are minimised and treated properly. Therefore, a stroke misdiagnosis could be especially damaging.
How Could A Stroke Be Misdiagnosed?
The following examples of medical negligence illustrate how different medical professionals could deliver a stroke misdiagnosis through substandard care:
- A patient visits their GP and describes how they feel using many early warning signs of a stroke. The GP knows they are at risk due to a history of high blood pressure, but does not pay attention to the patient and diagnoses them with a severe headache. As a result, the patient is not treated promptly when they suffer a haemorrhagic stroke.
- After a patient is rushed to a hospital with a suspected stroke, the doctor treating them fails to arrange a brain scan. This leads to a delayed diagnosis and treatment is too late to limit brain damage.
- A care home nurse fails to report a resident showing clear signs of a stroke. Because of the undiagnosed stroke, the patient only receives delayed care once they are taken to A&E.
You may be able to make a stroke misdiagnosis compensation claim if you have had an experience like this. Just call the number at the top of this page and speak to an advisor for a free claim assessment.
What Are The Consequences Of Misdiagnosis?
Strokes are among the leading causes of death and disability in the UK. Survivors can experience different complications, including:
- A brain injury resulting from the stroke
- Paralysis or reduced mobility.
- Sensory damage.
- Issues with continence.
- Emotional or psychological damage.
What Evidence Is Needed To Claim For Stroke Misdiagnosis?
Stroke misdiagnosis claims rely on relevant evidence, so gathering proof to prove medical negligence is a good first step when considering a claim. For example, your stroke claim could benefit from you having to hand:
- A diary or notes describing your experience. This could include who treated you and where, or the symptoms and treatment you have gone through.
- Medical records that detail your treatment.
- Documents detailing financial losses suffered. This could include bank statements or payslips. Read the next section of this guide for more insight into why this evidence is important.
During a case, an assessment by an independent medical expert may be arranged. In some cases, a Bolam Test, in which a panel of relevantly trained professionals offers an impartial opinion on the level of care provided, may be needed.
A solicitor from our panel can arrange any necessary evaluations and collect evidence to help you prove diagnosis negligence. Learn what else you can instruct a specialist medical negligence solicitor to help you with by calling us today.
How Much Could You Claim For A Stroke Misdiagnosis?
Stroke misdiagnosis compensation will aim to address the effects of substandard stroke treatment. You might have been affected in more ways than one, in which case a payout can be split into up to two ‘heads’:
- General damages always form at least part of a payout. They compensate for the harm that has resulted from negligent care.
- Special damages. If the harm you have suffered resulted in you losing out financially, you could seek compensation under this head of loss.
The supporting evidence we discussed in the previous section is likely to play a significant role in determining how much compensation is awarded under the special damages head of loss.
Meanwhile, those in charge of calculating general damages compensation might refer to your medical evidence. In some cases, they could also look to the Judicial College Guidelines (JCG), a document that compiles guideline compensation brackets for various injuries and illnesses.
Guideline Table
Our table uses JCG figures in all lines except for the top entry. It should only be considered a guide as the compensation awarded in a medical misdiagnosis claim payout varies from case to case.
| HARM | SEVERITY | COMPENSATION | NOTES |
|---|---|---|---|
| Multiple Severe Injuries Or Illnesses Plus Financial Losses And Costs | Severe | Up to £,500,000+ | Compensation addressing severe physical and/or psychological harm, as well as out of pocket expenses such as stroke rehabilitation or prescription fees, or travel costs. |
| Brain | Very Severe | £344,150 to £493,000 | At the top of the bracket, the affected person has little to no meaningful response to their environment and needs full time nursing care. |
| Moderately Severe | £267,340 to £344,150 | The injured person is very seriously disabled and rely on others for full-time care. | |
| Moderate (i) | £183,190 to £267,340 | Cases involving a moderate to severe intellectual deficit, plus an effect on personality and senses. | |
| Less Severe | £18,700 to £52,550 | The affected person has made a good recovery and is able to return to a normal working and social life. | |
| Paralysis | Tetraplegia | £396,140 to £493,000 | Factors affecting the payout for upper and lower body paralysis include where physical pain is present or where there is a significant effect on senses or ability to communicate. |
| Paraplegia | £267,340 to £346,890 | Lower-body paralysis. The award is impacted by factors such as the affected person's age and life expectancy, and the presence of depression. | |
| Bowels | Double Incontinence | Up to £224,790 | Double incontinence refers to complete loss of bowel function and the total absence of urinary control and function. |
Get Help Claiming For A Misdiagnosed Stroke With A No Win No Fee Solicitor
At Legal Helpline, our friendly advisors are here to help you after your negligent experience. We offer free advice and work delicately to prioritise your health and wellbeing following your stroke medical negligence. As part of the free services on offer, you could receive an eligibility assessment to look at the merits of your claim. If your case is strong, you could be connected with one of the expert No Win No Fee solicitors from our panel. By operating a Conditional Fee Agreement (CFA), you could enjoy the following:
- No upfront or ongoing fees for solicitor’s services
- If your claim is unsuccessful, you won’t be required to pay any solicitor’s fees.
- If your claim is successful, you will only be required to pay a small success fee for your solicitor’s work. Please note that the success fee is capped by law and the percentage will be deducted from your compensation. Therefore, you’ll always receive the bulk of it.
If you’re connected with one the experienced solicitors from our panel, you could also experience:
- Regular claim updates so you always know what progress has been made
- Explanations of key legal terminologies
- Help with signing legal documents such as claim forms and witness statements
- Help with any evidence-gathering
- Arrangements of an independent medical assessment to support the harm you suffered
- Advice that strictly adheres to the rules of confidentiality
To learn more about how a solicitor can benefit your claim for stroke misdiagnosis, please contact one of our helpful advisors today.
How To Contact An Expert
Get in touch today for free initial advice and a case evaluation from an advisor. If you have a valid misdiagnosed stroke compensation case, you could be connected to a solicitor for further guidance. There is no obligation to make a claim, but you will have plenty of professional support if you choose to go ahead.
Our free help service is available 24 hours a day, so choose any option at any time to begin:
- Call our helpline on 0333 000 0729
- Use our query form to contact us and request a call.
- Open the live support feature below.
Discover More Medical Misdiagnosis Claim Resources
We have many more guides covering claims for substandard medical treatment, including:
- A look at walk-in centre negligence No Win No Fee claims.
- We discuss examples of hospital negligence you can claim for.
- Our guide to cancer misdiagnosis claims and how they work.
Here are some further resources:
- The charity Stroke.org explains the signs and symptoms of a stroke.
- Information on complaining about a doctor’s conduct from the General Medical Council, a regulatory body for doctors.
- Statutory Sick Pay guidance from GOV.UK.
Just call or get in touch online if you want any advice or guidance on making a stroke misdiagnosis claim.
