When a stroke occurs, every minute counts. Each year, approximately 795,000 people in the United States experience a stroke, making it one of the leading causes of disability and death nationwide. Roughly 87% of these cases are ischemic strokes, caused by a blockage in an artery supplying blood to the brain, while about 13% are hemorrhagic strokes, involving a ruptured blood vessel. Both types of stroke demand immediate and accurate medical attention to prevent severe, lasting damage. Unfortunately, delays or errors in diagnosing a stroke can lead to devastating consequences for patients and their families. Understanding the importance of timely diagnosis and recognizing when a medical error constitutes malpractice is crucial for those affected.
Types of Stroke and the Importance of Early Intervention
The difference between ischemic and hemorrhagic strokes lies in their causes and treatment needs, but both require urgent response. In ischemic strokes, where blood flow is blocked, treatments like clot-busting drugs (e.g., tPA) can be life-saving if administered within a narrow window of 3 to 4.5 hours after symptoms begin. For certain ischemic strokes caused by large artery blockages, a mechanical thrombectomy—a procedure to physically remove the clot from the artery—may be effective if performed within up to 24 hours of symptom onset, with the highest success rates when performed as early as possible. For hemorrhagic strokes, caused by a blood vessel rupture, timely intervention such as surgical repair may prevent further bleeding and brain damage. Delays in diagnosis mean that these treatment options may no longer be viable, leading to irreversible brain damage. Studies show that each hour without treatment can result in a significant decrease in a patient’s likelihood of recovery, underscoring the critical need for rapid diagnosis and response.
How Diagnostic Delays Happen in Stroke Cases
Despite the urgency, stroke diagnosis isn’t always straightforward. Symptoms like sudden confusion, dizziness, or weakness can resemble other conditions such as migraines, vertigo, or even intoxication. This overlap often leads to a failure to diagnose strokes promptly, particularly in younger patients, who may not be viewed as “typical” stroke patients. When healthcare providers do not follow standard protocols for stroke evaluation or fail to recognize these symptoms, they risk a delay that can worsen the patient’s outcome.
Protocols for Diagnosing Stroke
Hospitals and clinics are expected to adhere to standard protocols in stroke evaluation, as outlined in the 2019 American Heart Association (AHA) guidelines for the treatment of acute ischemic stroke. These guidelines emphasize the importance of rapid assessment and treatment to maximize recovery chances, including the use of clot-busting drugs or mechanical thrombectomy within specified time windows. In fact, hospitals are required to have stroke protocols in place, often as part of their accreditation standards, to ensure that healthcare teams can effectively identify and treat stroke patients as quickly as possible. This typically includes a timely physical examination, imaging studies like CT or MRI scans, and blood tests. When symptoms suggest a stroke, prompt action is necessary to confirm the diagnosis and begin treatment. Failure to follow these established protocols could constitute malpractice, especially if the delay leads to greater injury than might have otherwise occurred.
Consequences of Delayed Diagnosis and Potential Malpractice
When a healthcare provider fails to diagnose a stroke in time, the repercussions can be life-altering. Delayed diagnosis may lead to severe physical disabilities, cognitive impairment, or even death. Patients who might have otherwise recovered with early treatment may be left with debilitating injuries. In cases where diagnostic delays lead to significant harm, families may have grounds to pursue a malpractice claim. These claims are intended to hold medical providers accountable and seek compensation for the harm caused by their oversight.
When Does a Delay Become Malpractice?
Not every delayed diagnosis equates to malpractice. For a claim to be viable, it must be proven that the healthcare provider’s actions deviated from the accepted standard of care. This standard refers to what a competent provider would have done in similar circumstances. If the delay was due to miscommunication, ignored symptoms, or failure to order necessary tests, and it directly led to harm, there may be grounds for a malpractice case.
What to Do if You Suspect Malpractice in a Stroke Case
If you or a loved one has suffered due to a delayed stroke diagnosis, consider speaking with an experienced medical malpractice attorney. An attorney can help assess the facts of your case, gather medical records, and consult with medical experts to determine whether malpractice occurred. Understanding your rights can be the first step toward getting the support and compensation you deserve, and the attorneys at Hanson Fuller are here to help.