Who Can Sue For Stroke Misdiagnosis Compensation?

Welcome to our guide discussing stroke misdiagnosis compensation claims. Strokes can have serious short and long-term effects, and require prompt medical care. If a stroke is missed or diagnosed incorrectly, the resulting impact on the patient’s health could be especially damaging.

The guide begins by explaining the criteria that must be met for a misdiagnosis case to be considered grounds for a medical negligence claim. To help you get an idea of when a stroke negligence claim is possible, we then provide some illustrative examples of misdiagnosis where a medical professional acted wrongfully.

We also discuss how stroke compensation can, in certain cases, account for both pain and financial loss stemming from new or exacerbated injuries. Evidence will be required to secure a fair settlement, so we additionally cover the forms of proof that could help your claim.

Lastly, read how making a No Win No Fee stroke misdiagnosis claim with an expert solicitor from our panel guarantees no solicitor fee unless you’re awarded compensation.

You can call us today for a free consultation and learn if you have reasonable grounds to claim compensation. Get started now through either of these routes:

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Choose A Section

  1. When Are You Able To Claim Stroke Misdiagnosis Compensation?
  2. How Could A Stroke Misdiagnosis Happen?
  3. Potential Stroke Misdiagnosis Compensation Amounts
  4. How Can Evidence Help You In The Medical Negligence Claims Process?
  5. Claim Stroke Misdiagnosis Compensation Using Our Panel Of No Win No Fee Solicitors
  6. Read More About How To Prove Medical Negligence

When Are You Able To Claim Stroke Misdiagnosis Compensation?

The NHS defines a stroke as a life-threatening medical condition caused by the blood supply to part of the brain being cut off.

Alternatively, someone could experience a mini stroke, caused by a transient ischaemic attack (TIA). This occurs if the blood supply is interrupted temporarily. Either of these conditions being misdiagnosed could have serious health consequences.

Medical professionals such as GPs and doctors have a duty of care to uphold, and can do so by providing the correct standard of treatment. Diagnosis errors may happen, but if misdiagnosis of a stroke happens because of negligent care, they would be liable for pain and suffering that could have been avoided if they had given the right care.

A stroke misdiagnosis compensation claim could be valid if you can show that:

  • A medical professional owed a duty of care.
  • They breached that duty by providing treatment that failed to meet the correct standard.
  • You suffered avoidable harm due to the breached duty.
  • You are claiming within the legal time limit set out by The Limitation Act 1980. Please call if you’d like to learn more about time limits for medical negligence claims.

How Could A Stroke Misdiagnosis Happen?

Signs of a stroke include the affected person’s face dropping on one side, slurring speech and being unable to lift both arms. Organisations like the Stroke Association encourage using the FAST (Face, Arms, Speech, Time) test to spot early warning signs. In some cases, it may fall to a medical professional to correctly diagnose the issue.

These examples highlight cases where improper care could lead to misdiagnosis of a stroke, resulting in an avoidable stroke or unnecessary harm for the patient:

  • A GP fails to consider the tell-tale signs of an ischaemic stroke and diagnoses the patient with a migraine because they have a severe headache. The patient does not receive stroke treatment and the blood clot causing the undiagnosed stroke inflicts permanent brain damage.
  • After they arrive at a hospital with a suspected stroke, a patient is told they will receive a brain scan. However, the medical staff forget to arrange the scan, leading to a seriously delayed diagnosis. The patient suffers unnecessary harm waiting for delayed treatment. 
  • Because they misread the outcome of an MRI scan, a specialist diagnoses their patient with a functional neurological disorder. The patient had actually suffered a haemorrhagic stroke caused by a burst blood vessel in the brain. Getting the wrong diagnosis causes the internal damage to worsen.
  • A patient suffers a TIA, but a doctor believes it was a seizure and does not run any diagnostic tests. They prescribe the wrong medication as a result, which does not help the patient and ultimately sees them suffer the avoidable effects of a more serious stroke later on.

A solicitor from our panel of medical negligence experts could take your case if a valid claim can be identified. Learn more about claiming stroke misdiagnosis compensation today by calling the number above.

A doctor sitting on a hospital floor with a pained expression and one hand on their head.

Potential Stroke Misdiagnosis Compensation Amounts

Compensation for medical negligence claims can potentially be split into two parts, or heads. Stroke misdiagnosis compensation will certainly include general damages, as they account for avoidable physical pain and psychological harm caused by negligent care.

Those in charge of valuing each injury can use different resources to come to a final figure. This most notably includes medical evidence and a set of guideline compensation brackets found in the Judicial College Guidelines (JCG.) We have put together a table of guideline figures from the JCG, which you can see below.

Compensation Table

This table is made up of JCG guideline brackets. However, the top line does not come from the document. Please remember that this table is only a guide.

Multiple Severe Injuries, Expenses, Financial Losses and CostsVery SeriousUp to £1,000,000+
ParalysisParaplegia£219,070 to £284,260
BrainVery Severe£282,010 to £403,990
BrainModerately Severe£219,070 to £282,010
BrainModerate (i)£150,110 to £219,070
BrainModerate (ii)£90,720 to £150,110
Psychiatric Damage (General)Severe£54,830 to £115,730
Psychiatric Damage (General)Moderately Severe£19,070 to £54,830

Claiming Financial Losses In A Misdiagnosis Claim

People affected financially by medical negligence can seek special damages compensation, which can even exceed the amount awarded under general damages.

Among the monetary losses that could be compensated for are:

  • Medical bills.
  • Prescription fees.
  • Home care costs.
  • Lost earnings if you miss work, or cannot go back to work at all, because of your injuries.

If you’re interested to know more about compensation for the effects of a misdiagnosed stroke or whether you have good reason to sue for improper treatment at the hands of a medical professional, please call to discuss your possible compensation claim today.

How Can Evidence Help You In The Medical Negligence Claims Process?

In order to stand a chance of receiving a settlement, you need to prove you meet each of the necessary criteria we outlined earlier. This means collecting as much evidence to support your stroke misdiagnosis compensation claim as possible. That could include:

  • Documents showing the medical treatment you received. You can request health information from your GP or other health provider.
  • Witness contact details.
  • Evidence of financial loss, such as payslips or bank statements. This applies to anyone seeking special damages as part of their compensation.

You may be invited to an independent medical examination during the claim. This medical assessment will produce a report which can be used during the calculation of the general damages head of claim. The report will detail any harm suffered, the prognosis and any future requirements. 

Also possible, though not certain, is a Bolam Test. This is where independent medical experts review your case to determine if the correct standard of care was met. The results of this test, if used, will also be used as evidence in the medical negligence claims process. 

A solicitor from our panel of experts can be instructed to help gather evidence. If you want to know more about the ways a solicitor can help you through the stroke misdiagnosis claims process, please don’t hesitate to call the number above.

Claim Stroke Misdiagnosis Compensation Using Our Panel Of No Win No Fee Solicitors v

Not only do our panel’s specialist stroke misdiagnosis solicitors help from the start to the end of a claim, they do so on a No Win No Fee basis. They will take on compensation claims under a Conditional Fee Agreement, confirming that no solicitor fees will be charged for their work upfront or during the case. There will also be no fee for their services if the case fails. 

If you are awarded compensation, a small percentage of it will be taken as the solicitor’s success fee. The Conditional Fee Agreements Order 2013 is a piece of legislation that places a legal cap on the percentage a solicitor can take as their success fee. 
A stroke misdiagnosis compensation solicitor in a white shirt and blue tie sits behind a desk and smiles at the camera.

You can talk to an advisor from our team any time to discuss medical negligence cases or how to make a stroke misdiagnosis compensation claim. Furthermore, they can connect you to a stroke negligence claims solicitor from the panel if your case has a valid foundation.

Calling and talking to us is free of both charge and pressure to take legal action. Get started through one of these options:

Read More About How To Prove Medical Negligence

We have even more guidance on clinical negligence claims, such as the articles below:

These trusted sources could also provide useful information:

  • The NHS recovery page gives useful advice on stroke rehabilitation.
  • A range of relevant guidance, including details on stroke symptoms, possible causes and treatments, from the British Heart Foundation website.
  • The General Medical Council, an independent regulator of doctors, outlines good medical practice for professionals to follow.
  • Learn how high blood pressure or hypertension can be a leading cause of a stroke from the NHS.

We hope this guide has helped you learn more about stroke misdiagnosis compensation. Thank you for reading, and please call to discuss anything to do with stroke claims.