How to deal with a Misdiagnosis of a Stroke

Can my husband claim misdiagnosis of stroke compensation? He visited an emergency room the day before suffering a serious stroke but was diagnosed as having vertigo.

Misdiagnosis of stroke compensation may be claimed when a doctor was consulted after a patient had a stroke, or was experiencing the symptoms of an impending stroke, and the doctor failed to make the correct diagnosis in time to take action to prevent a serious injury being sustained. It may not have been reasonable to expect a correct diagnosis to be made under the circumstances, but if it can be proven ‘on the balance of probabilities’ that the doctor in question was negligent by making a misdiagnosis of a stroke, and therefore failed in a duty of care to your husband, a claim for misdiagnosis of stroke compensation will be possible.

As is the case with many young stroke victims, the age of a victim can blind a doctor to the correct diagnosis. Many young stroke victims have a mild or even severe stroke attributed to vertigo, alcohol consumption, inner ear infections or seizures, especially in an emergency room where junior doctors perform patient examinations. When ‘classic’ symptoms of an acute ischemic stroke are explained to a doctor – partial and temporary paralysis, trouble speaking clearly (aphasia), muscle weakness and blurred vision - the diagnosis of stroke is usually straightforward.

However there are many different types of stroke, many possible symptoms, and even an experienced doctor may not be able to quickly and easily identify that a stroke has occurred, or is about to happen. If a competent doctor could not be expected to make a correct diagnosis based on the symptoms and the circumstances, a misdiagnosis of stroke compensation claim would not be successful.

Misdiagnosis of stroke compensation cannot be claimed if the misdiagnosis has not led to an injury being sustained. If a delay in obtaining the correct diagnosis has not resulted in harm coming to a patient, there are no grounds to make a personal injury claim for compensation, even if the misdiagnosis of stroke was due to medical negligence. In your case, since a stroke was suffered only the day after the consultation, this appears to involve medical negligence and your husband should be able to claim misdiagnosis of stroke compensation.

In order to determine whether your husband is eligible to make a misdiagnosis of stroke compensation claim, we advise you to speak with a medical negligence solicitor for clarification as soon as possible.