If you or someone you love was misdiagnosed while experiencing a stroke, you may have the right to pursue legal action against the care provider and facility that misdiagnosed you. Our Philadelphia medical malpractice lawyer is here to help.
When someone experiences a stroke, time is of the essence for their medical care. The more quickly the stroke is treated, the less likely it is to be fatal or to cause serious and lasting brain damage.
Unfortunately, some studies suggest that up to 13% of all stroke patients are misdiagnosed, with misdiagnosis occurring more frequently with certain groups, including women, young adults, and individuals who are traditionally considered to be low-risk.
We have successfully represented many stroke victims and loved ones of those who lost their lives, and we can put our experience to work for you. Contact us today to speak with one of our Philadelphia stroke misdiagnosis lawyers and learn more about how we can advocate for your rights.
How Can A Philadelphia Stroke Misdiagnosis Attorney Help?
If a doctor or care provider misdiagnoses a stroke and you experience greater harm because of this error, or your loved one died from a stroke that could have been treated, then you may have a legal right to pursue a malpractice claim.
You’ll want to make sure you have an experienced Philadelphia emergency room malpractice lawyer representing you. At Morris Wilson Knepp Jacquette, P.C., we can provide invaluable services in these difficult situations, including:
- Determining if you have the right to pursue a malpractice claim based on your misdiagnosis
- Identifying potential defendants, including the doctor who misdiagnosed you and the hospital, clinic, or healthcare facility that employs that doctor, and who can be held vicariously liable for their errors
- Gathering evidence, including expert witnesses who can testify about why the misdiagnosis fell short of the professional standard of care applied to doctors who treat patients. This can include medical records, in addition to witness testimony
- Proving the extent of the losses resulting from the misdiagnosis
- Getting a certificate of merit, which is required within 60 days of making a malpractice claim in PA, in order for your case to move forward
- Negotiating a settlement or representing you in court in your pursuit of justice
Morris Wilson Knepp Jacquette, P.C., has recovered many multimillion-dollar settlements and court verdicts after misdiagnosed strokes, and we can bring our legal knowledge and expertise to your case.
How Does Stroke Misdiagnosis Happen?
A stroke misdiagnosis occurs when a medical professional dismisses symptoms of a stroke or confuses the symptoms for a different, and often more benign, condition. Some of the conditions that doctors commonly misdiagnose when someone is having a stroke include:
- Hypoglycemia: Slurred speech and confusion may be diagnosed incorrectly as hypoglycemia or low blood sugar.
- Migraines: Neurological symptoms, including weakness or visual disturbances, may be dismissed as being caused by a migraine.
- Vertigo/disorders of the inner ear: When a patient begins suddenly losing balance or getting dizzy, this could be misdiagnosed as a result of a condition like benign paroxysmal positional vertigo (BPPV) when it is really a stroke.
- Intoxication: Speech and balance problems are sometimes attributed to being intoxicated or impaired by drugs. This is an especially common problem in younger patients presenting with these symptoms.
- Seizures: Patients may be diagnosed with having Todd’s paralysis (post-seizure weakness) instead of a stroke.
Unfortunately, if doctors dismiss symptoms and do not order CT scans, MRIs, and other necessary testing to rule out a stroke, this can result in a patient receiving the wrong treatment or no treatment. This can have fatal consequences. Our Philadelphia wrongful death attorney can help family members with a claim if the misdiagnosis led to fatality.
Why Are Strokes Misdiagnosed?
While stroke symptoms sometimes overlap with the symptoms of other conditions, a well-qualified medical care provider usually should recognize the signs and provide appropriate care. Unfortunately, there are certain systemic and individual factors that make it more likely for a doctor to misdiagnose a stroke. These include:
- Implicit bias: Some doctors have preconceptions about certain groups, such as young people, women, or minorities, that make it more likely for the doctor to discount their symptoms and misdiagnose their condition.
- Unusual symptoms: If stroke patients do not present with classic signs of a stroke, including arm weakness or facial drooping, doctors are more likely to misdiagnose them. Unfortunately, women and young people are less likely to exhibit the most obvious signs of a stroke, so their condition is more likely to be missed.
- Inadequate testing: If doctors do not order the right tests, including CT or MRI scans, they can miss a stroke occurring and not come to the correct diagnosis.
- Time pressure in the emergency room. When the ER is busy, doctors may have very limited time to see patients and evaluate their symptoms. This increases the chances of an error in diagnosis, especially in cases where patients are experiencing unusual symptoms or are not considered high risk.
Why Prompt Stroke Diagnosis is Critical
When a stroke is misdiagnosed, the consequences can be dire. Tissue Plasminogen Activator (tPA) can be an effective treatment for stroke by breaking down the blood clot that is affecting blood flow to the brain. However, it must be administered within 3 to 4.5 hours of symptom onset to be effective.
Another treatment, a mechanical thrombectomy, which is a minimally invasive procedure to remove blood clots during a stroke, typically must also be performed within 24 hours to be most effective.
Unfortunately, the window of opportunity for both of these treatments can be missed entirely with a misdiagnosed stroke. Further, the longer a patient goes without treatment, the more brain cells die and the more impaired a patient becomes. Patients can be left with severe disabilities and devastating cognitive impairments, or could lose their lives, if not treated promptly.
Contact A Philadelphia Stroke Misdiagnosis Lawyer Today
Misdiagnosis cases can be complicated because doctors often argue that your damage was caused by the stroke and not the misdiagnosis. You need an experienced attorney who can help you make solid arguments as to why the medical error made your situation worse.
At Morris Wilson Knepp Jacquette, P.C., we have successfully helped many clients collect substantial compensation after a stroke misdiagnosis. Call (610) 825-0500 today to learn more about the legal advocacy our Philadelphia medical malpractice lawyers can offer.