Stroke misdiagnosis compensation

Stroke Misdiagnosis Compensation

For finding answers and getting justice

A stroke is one of the most serious medical emergencies anyone can experience. It demands immediate medical attention, competent care and an accurate diagnosis to make sure that potential long-term damage is kept to a minimum. When this doesn't happen due to misdiagnosis or medical negligence, the consequences can be life-changing, both for the patient and their loved ones.

At Switalskis, we understand the strain that a delay in diagnosing or misdiagnosis of stroke can bring to your life. The physical and impact, combined with the burden of additional medical expenses, lost earnings and potential care needs, can be overwhelming. We’re here to help you navigate your legal rights and make sure you get the justice and compensation you deserve.

Our highly experienced stroke misdiagnosis solicitors specialise in representing clients who have suffered due to medical negligence. We're able to handle sensitive and complex medical negligence claims, and we approach every case with empathy, professionalism and determination.

If you or a loved one have been affected by stroke misdiagnosis, give us a call today to arrange a free initial consultation. We'll chat about your options and the best potential course of action. No matter what your circumstances are, we'll guide you through the process of pursuing a stroke misdiagnosis compensation claim from start to finish.

Get expert legal advice on stroke misdiagnosis compensation claims by calling 0800 1380 458, or contacting us through the website.

How Switalskis can help you

At Switalskis, we understand the implications of stroke misdiagnosis and the burden it places on patients and their families. When we take on your stroke misdiagnosis claim, we offer more than just legal assistance - we're here to provide a compassionate, comprehensive and personalised service that puts your best interests at the centre of our support for you.

Our dedicated medical negligence team of experienced and skilled solicitors has an in-depth understanding of stroke misdiagnosis cases. Many of our solicitors are accredited as specialists by both the Law Society and the patients’ charity, Action against Medical Accidents (AvMA) . We’re also recognised as being among the top clinical negligence teams in England by The Legal 500 UK, one of the most prestigious legal guides in the country.

When we handle your stroke claim, we'll support you by:

  • Using our wealth of knowledge to carefully investigate your circumstances, gather essential evidence, and construct a compelling case on your behalf
  • Working with a network of medical experts and professionals who can provide their own impartial insights to support your claim
  • Guiding you through each step of the stroke misdiagnosis compensation claims process, with a transparent approach that keeps you informed and reassured at all stages
  • Obtaining interim payments where necessary, ensuring that you don’t have to wait for the final conclusion of the claim before you can start receiving the financial support you need
  • Making sure that the medical professionals involved are held accountable for their actions, which can help to prevent similar incidents in the future

If you're concerned about funding, unsure about the process or simply overwhelmed by the situation, simply get in touch with us for a free initial advice session. Our empathetic team will listen to your concerns, answer your questions and make sure you have all the information you need to start your stroke misdiagnosis compensation claim. When you work with Switalskis, you'll always be in good hands.

Read what our clients had to say about the help they received from Switalskis

What is a stroke, and what are the symptoms?

A stroke is a severe medical condition that occurs when the blood supply to part of the brain is cut off. The disruption of blood flow means the brain cells stop receiving essential oxygen and nutrients, causing them to die quickly. This can lead to lasting brain damage, long-term disability, or even death.

There are two primary types of stroke:

  • Ischaemic stroke: this accounts for about 85% of all strokes, and occurs when a blood clot blocks oxygen and blood supply to the brain.
  • Haemorrhagic stroke: this occurs when a weakened blood vessel supplying blood within the brain bursts, causing bleeding in or around the brain.

Because strokes are so dangerous, it is vital to recognise the symptoms of a stroke and make sure the sufferer receives immediate medical treatment. The main symptoms of stroke can be remembered with the acronym FAST, as made famous by the national campaign led by the NHS and the Stroke Association:

  • Face: the person's face, mouth or eyes may have dropped on one side, and the person may not be able to smile as a result
  • Arms: the person may not be able to lift both arms and keep them there, due to weakness or numbness in one arm
  • Speech: their speech may be slurred or garbled, or they may not be able to talk at all
  • Time: it's time to dial 999 immediately if you notice any of these signs or symptoms

Other symptoms can include sudden weakness or numbness on one side of the body, including the legs, hands or feet. Difficulty seeing out of one or both eyes, and sudden dizziness, or loss of coordination, may also indicate a stroke.

Understanding these symptoms is critical to ensuring the person receives immediate medical attention, which can help to minimise the sufferer's risk of developing a serious brain injury. Any missteps in diagnosis and treatment can lead to severe consequences, which may provide the grounds for a stroke misdiagnosis compensation claim.

How are strokes misdiagnosed?

The process of making a claim can vary depending on a variety of factors, including the time it takes to negotiate a settlement and whether or not the liable party admits their responsibility. However, we will always follow the same procedures to help you build the strongest possible case and succeed in securing compensation.

Step 1: Initial consultation

Reach out to Switalskis for a free, no obligation initial consultation. During this meeting, we’ll listen to your story, understand your concerns and explain whether we think you have a strong case. If we decide to proceed, we can then discuss the next steps and the available funding options.

Step 2: Establishing your claim

We’ll gather all the relevant information we need to build your case. This will include applying for all of your medical records, including your GP records. We’ll ask you for photographs, receipts and any other documents that may support your claim. We’ll take a detailed witness statement to tell your version of events. We may arrange for you to be assessed by an independent medical expert to provide an unbiased view of your injuries and future prognosis. The aim will be to prove that the negligence was responsible for your injury and consider the potential value of the claim.

Step 3: Notifying the defendant

Once we have supportive evidence, we’ll send a letter of claim to the doctor and/or hospital involved. This will outline details of the claim and state allegations regarding the negligent treatment.

Step 4: Defendant response

The defendant will then have four months to investigate the allegations made against them and respond to the letter of claim. This is known as a letter of response. The letter will include whether the defendant accepts they are at fault. This is called an admission of liability. If they do not accept fault, theu will state this in the letter and this is called a denial of liability. We will advise you of the next steps at this stage.

Step 5: Settlement and compensation

If the defendant or medical practice has admitted fault, negotiations can start. Our anaesthetic negligence solicitors will negotiate on your behalf, using our expertise and experience to secure the highest possible compensation amount for you. At this stage, we will discuss how much compensation you may receive. This will be calculated to cover the pain and suffering caused by anaesthetic negligence, as well as any financial losses or expenses you’ve experienced as a result.

Step 6: Court proceedings (where necessary)

Most claims will be settled through negotiation, without needing to go to court. In the rare instances where the case does go to trial, you can trust us to represent you throughout the process.

At Switalskis, we stay in touch with our clients at every stage to keep them up-to-date on our progress, so you'll always know exactly where your case is up to.

Contact us today and let's start your journey towards recovery together. Call us today on 0800 1380 458, or get in touch via our form.

Our medical negligence specialists

Photo of Suzanne Munroe
Suzanne MunroeDirector and Solicitor
Photo of Sarah Walker
Sarah WalkerDirector and Solicitor
Photo of Charlotte Reeves
Charlotte ReevesDirector and Solicitor
Photo of Kay Barnes
Kay BarnesDirector and Solicitor
Photo of David Thomas
David ThomasDirector and Chartered Legal Executive
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What are the consequences of a misdiagnosed stroke?

Any delay in diagnosis and treatment of a stroke can have profound and lasting consequences. Strokes lead to brain damage due to the blood supply being cut off, which can result in a range of complications. The longer the delay in proper treatment, the more severe the damage may be, leading to devastating or even fatal consequences.

Here are some of the possible after-effects of a misdiagnosed stroke:

  • Physical disabilities: a stroke can lead to partial or complete paralysis, difficulties with coordination, and issues with balance and movement. These disabilities can drastically affect a person's quality of life and their ability to carry out everyday tasks.
  • Cognitive and emotional impact: strokes can cause cognitive impairments, such as problems with memory, attention and judgement. They can also lead to emotional challenges, including depression, anxiety and mood swings, greatly impacting the person’s mental health and emotional wellbeing.
  • Speech and language problems: many stroke victims experience difficulty with speech and language, a condition known as aphasia. This can make communication challenging, leading to frustration and isolation.
  • Long-term care needs: disabilities resulting from a stroke often mean that the person loses their independence and requires long-term care and support. This can lead to significant financial strain and emotional stress for both the individual and their family.
  • Loss of earnings and financial strain: the physical and cognitive impact of a stroke can make returning to work challenging or impossible, leading to a loss of income. Coupled with increased medical and care costs, this can have a massive impact on a person's financial security.
  • Increased risk of further strokes: misdiagnosis often results in the underlying causes of a stroke being unaddressed, which increases the risk of subsequent strokes.

If you or a loved one have experienced misdiagnosis or negligent treatment, we advise you to make a stroke negligence claim to secure compensation for the significant impact of these medical errors. At Switalskis, our expert stroke misdiagnosis solicitors are dedicated to helping you at every stage of the stroke misdiagnosis compensation claims process.

When can I make a stroke misdiagnosis compensation claim?

Making a stroke misdiagnosis compensation claim can play a crucial role in getting you the justice you deserve. In order to make a claim, you’ll need to be able to prove that medical negligence played a role in your undiagnosed stroke and that you suffered harm as a direct result of a healthcare professional failing to deliver the standard of care you deserved.

Here are a few scenarios where you may be entitled to make a compensation claim:

  • Delayed diagnosis: if a healthcare professional failed to recognise the signs and symptoms of a stroke and this resulted in a delay in your treatment, you may be eligible for a claim.
  • Incorrect treatment: if your stroke was correctly identified, but you didn't receive effective treatment and this led to more severe health issues, this could form the basis of a claim.
  • Failure to carry out tests: medical staff should perform the necessary tests to diagnose a stroke whenever stroke symptoms are presented. If they fail to do so, and this leads to a stroke being missed, you could claim compensation.
  • Failure to refer: if a healthcare professional does not refer a patient displaying stroke symptoms for further examination or treatment, this could be seen as negligence.

Remember, the purpose of stroke claims isn't just about receiving a financial payment; it's also about securing justice, driving improvements in healthcare standards, and helping to make sure that nobody else has to go through the same experience.

Call Switalskis to speak to a specialist medical negligence solicitor who can advise on whether you are eligible to make a claim.

How are stroke misdiagnosis cases funded?

Potential costs are among the biggest concerns our clients have about claiming compensation. At Switalskis, we’re committed to making the process as accessible as possible by offering various funding options to meet your needs:

  • No win, no fee agreement: also known as a conditional fee agreement (CFA), this is the most common way to fund a stroke misdiagnosis claim. Under a no win, no fee agreement, you won’t need to pay anything if your claim is unsuccessful. Our costs are written off. If you win your case, a percentage of your compensation will be used to cover our fees. This option allows you to pursue your claim without any financial risk, and we’ll discuss all of the potential costs with you upfront to avoid any surprises.
  • Legal expenses insurance: we will begin an insurance policy to cover you for the out-of-pocket costs we experience during the investigation. We have our own insurance provider that we use. However, you may have legal expense cover as part of your home or car insurance policy, which can also be used to fund your claim. We’ll assist you in understanding your policy and liaising with your insurer.
  • Legal aid: in very rare cases, Legal Aid may be available for clinical negligence claims, although it’s usually reserved for specific situations. Our team can guide you on whether you might be eligible.

Remember, your first consultation with our clinical negligence solicitors is free and without obligation. We’ll discuss the funding options available to you and help you choose the best one for your situation.

How much compensation can I claim for a misdiagnosed stroke?

The question of how much compensation you might receive following a stroke misdiagnosis claim can be complex. Because every case is unique, the amount of compensation awarded can vary, as decided by several key factors:

  • The severity of the injury: the impact of the stroke on your health - including any permanent disabilities or life-altering conditions that resulted from the delay in treatment - will be considered.
  • Impact on quality of life: this includes any changes to your lifestyle due to the misdiagnosis. For example, if you're unable to participate in activities you once enjoyed, or if your relationships have suffered, this will be factored in.
  • Lost earnings: if the misdiagnosis affected your ability to work, whether temporarily or permanently, you can claim for loss of earnings. This includes future earnings if you're unable to return to your previous occupation, or if your career progression has been hindered.
  • Care and assistance: the cost of any additional care or support you need as a result of the misdiagnosis, including modifications to your home, will also be considered. If you need ongoing therapy or rehabilitation, these costs can be claimed as well.
  • Out-of-pocket expenses: you can claim for any other expenses that you’ve had as a direct result of the misdiagnosis. This could include travel expenses for medical appointments or the cost of medication and treatments.

At Switalskis, our experienced team of stroke misdiagnosis solicitors will work diligently to secure the maximum compensation you’re entitled to. We consider all aspects of your case and the impact the misdiagnosis has had on your life to make sure that your compensation accurately reflects your circumstances and needs.

Why Switalskis?

Making the decision to pursue a stroke misdiagnosis compensation claim can be a daunting step. That’s why it’s so crucial to have a dependable legal partner by your side to help you seek the justice you deserve. This is where the expert team at Switalskis can help you.

Here are the core values that we commit to uphold when supporting your claim for stroke misdiagnosis compensation:

Clarity in complexity

Stroke misdiagnosis claims can be complicated, but with us, understanding them doesn’t have to be. Our team is committed to simplifying complex legal jargon into clear, understandable language. We're here to answer your questions and address any areas of uncertainty you may have.

Empathy at every step

We appreciate that every client's circumstances are unique, and we'll do all that we can to understand your specific needs throughout the claims process. We'll listen to your concerns, respect your feelings, and provide best-practice legal advice tailored to your case. To us, you're more than just a client - we understand that this is a challenging time for you, and we're here to provide all the support you need.

Expertise you can trust

When handling a complex and drawn-out stroke misdiagnosis claim, you can be confident that you're in safe hands with Switalskis. Our decades of experience and proven track record in obtaining compensation for similar cases mean that you can trust us to secure the best possible outcome for you.

Championing your rights

If you’ve suffered from a stroke that was misdiagnosed due to medical negligence, Switalskis is here to defend your rights and make your voice heard. We’ll not only assist you in claiming the compensation you deserve but also make sure those responsible are held to account. This way, your claim can contribute to preventing similar misdiagnoses in the future.

FAQs about strokes

Who is at greatest risk of having a stroke?

Anyone can experience a stroke, regardless of age, gender or ethnicity. However, certain factors can increase a person's risk of having a stroke, including:

  • Age: the risk of stroke significantly increases with age. People over 65 are particularly at risk, although strokes can occur at any age, including in children and young adults.
  • Medical history: people with certain medical conditions face a higher risk of a stroke. This includes people with high blood pressure, high cholesterol, diabetes and atrial fibrillation, as well as those who have previously suffered from a stroke or heart attack.
  • Lifestyle: habits and behaviours such as smoking, excessive alcohol consumption, poor diet, physical inactivity, and drug abuse can significantly increase the risk of stroke.
  • Family history: stroke risk may be greater if a close family member (like a parent, grandparent, brother, or sister) has had a stroke.
  • Gender: men have a higher risk of stroke, but more women die from strokes. This is largely because women live longer, making them more likely to experience strokes when they are older and potentially more vulnerable.
  • Ethnicity: people of certain ethnic backgrounds, including South Asian, African or Caribbean, are at a higher risk of strokes, due to the increased prevalence of conditions such as diabetes and high blood pressure within these communities.

Understanding your risk factors can play a crucial role in stroke prevention. However, even with knowledge and prevention, strokes can and do occur. This is why it's also essential to recognise the symptoms and seek urgent treatment for anyone who might be experiencing a stroke.

How should a stroke be correctly treated?

Effective and timely treatment is crucial when a stroke happens, as every moment that passes can result in more brain cells dying due to a lack of oxygen and nutrients.

Once a stroke is suspected, urgent medical attention is required. Initial treatment usually involves the use of medications like to break up blood clots and restore blood flow to the brain in ischaemic strokes, or procedures to stop bleeding in the case of haemorrhagic strokes.

After the immediate threat has passed, the focus of treatment shifts towards recovery and rehabilitation. Various medical professionals will work as a team to deliver comprehensive care, including physiotherapists, speech and language therapists, occupational therapists, and psychologists. The goal of rehabilitation is to help the individual regain as much independence as possible, manage ongoing symptoms, and prevent future strokes. This could involve physical exercises, speech therapy, dietary changes, medication to manage underlying health conditions and lifestyle advice.

In the longer term, stroke survivors should have their health monitored closely as they’ll be at a higher risk of experiencing additional strokes later in life. They may receive medications to control high blood pressure and other heart issues, while lifestyle modifications like a healthier diet, regular exercise, quitting smoking, and limiting alcohol are also often recommended.

We can support you in the following medical negligence situations

Find out how Switalskis can help you

If you or a family member have had your health damaged because of a stroke misdiagnosis by a medical professional, Switalskis can help. Our expert medical negligence solicitors are here to listen, understand your unique circumstances, and fight for the stroke compensation that will ensure your family's needs are taken care of.

Call us on 0800 1380 458 , or contact us through the website to discuss your concerns in confidence with a legal specialist.

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