Every year, approximately 800,000 people in the United States suffer a stroke. It is a medical emergency where every second counts. A stroke occurs when blood flow to the brain is disrupted, starving brain tissue of the oxygen it needs to survive. Without immediate intervention, brain cells begin to die within minutes, leading to permanent disability, cognitive impairment, or even death.
While some strokes are unavoidable, the catastrophic damage they cause often is not. Modern medicine has provided doctors with the tools and protocols necessary to minimize, and sometimes even reverse, the effects of a stroke. However, when healthcare professionals fail to recognize symptoms, delay diagnostic testing, or miss the critical window for treatment, it may cross the line from a medical misfortune to medical malpractice.
Understanding the Stakes: The Anatomy of a Stroke
A stroke is essentially a brain attack. It can be ischemic (caused by a blood clot) or hemorrhagic (caused by a ruptured blood vessel). Regardless of the type, the result is the same: the brain is deprived of oxygen.
Medical professionals are trained to act with extreme urgency when a patient presents with neurological symptoms. The goal is always the same: restore blood flow as quickly as possible. When this doesn’t happen, the consequences are often irreversible. This is why the law holds medical providers to a strict standard of care. If a doctor fails to act as a reasonably competent professional would under similar circumstances, they may be liable for the resulting damages.
Recognizing the Signs: BE FAST
The first line of defense against stroke-related disability is early recognition. At Blume Forte Attorneys at Law, we advocate for the BE FAST acronym to help patients and their families identify symptoms and communicate them effectively to medical staff:
- B – Balance: Is the person experiencing a sudden loss of balance or coordination? Are they dizzy or having trouble walking?
- E – Eyes: Is there a sudden change in vision? Check for double vision, loss of vision in one or both eyes, or blurred sight.
- F – Face: Ask the person to smile. Does one side of the face droop or feel numb?
- A – Arms: Ask the person to raise both arms. Does one arm drift downward? Is there weakness or numbness on one side?
- S – Speech: Is their speech slurred? Are they unable to speak, or difficult to understand? Ask them to repeat a simple sentence such as “Grass is green.”
- T – Time: If the person shows any of these symptoms, call 911 immediately. Note the time when the first symptoms appeared, as this is critical for treatment options.
When it comes to a stroke, every second counts. Rapid intervention can significantly reduce the risk of long-term brain damage or wrongful death.
The Golden Window and the Importance of Timing
In stroke treatment, time is the most critical factor. For ischemic strokes, the administration of a medication called tissue plasminogen activator (tPA) can dissolve clots and restore blood flow. However, tPA is not a whenever solution. Per the American Stroke Association, the window of effectiveness for tPA is generally limited to approximately 4.5 hours from the onset of symptoms.
Beyond this window, the risks of the medication may outweigh the benefits, or the damage may already be too extensive to reverse. In some cases, mechanical thrombectomy (surgery to remove the clot) may be an option, but this also requires rapid diagnosis and intervention. When a hospital or emergency room delays the diagnostic process, such as failing to order a CAT scan or misinterpreting blood work, they effectively slam the door on these lifesaving treatments.
Common Forms of Medical Malpractice in Stroke Cases
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, causing injury to the patient. In the context of a stroke, this negligence typically manifests in three ways:
1. Failure to Diagnose
This is perhaps the most common form of stroke-related malpractice. A patient may arrive at the ER complaining of a severe headache, dizziness, or confusion, only to be sent home with a diagnosis of a migraine, inner ear infection, or even anxiety. This is especially common in younger patients or women, whose symptoms may not fit the traditional profile of a stroke victim.
2. Misinterpretation of Diagnostic Tests
Hospitals are equipped with CAT scans and MRIs specifically to identify strokes. If a radiologist misinterprets these images or if the attending physician fails to review them in a timely manner, the patient loses precious time.
3. Delay in Initiating Treatment
Even if a stroke is correctly identified, a delay in administering tPA or prepping a patient for surgery can be fatal. Institutional failures, such as a lack of available specialists or poor communication between nursing staff and doctors, can lead to a timed-out treatment window.
The Life-Altering Impact of Negligence
A mismanaged stroke doesn’t just result in a longer hospital stay; it often results in a total transformation of the victim’s life. Survivors may face:
- Permanent Paralysis: Often affecting one side of the body (hemiplegia).
- Aphasia: The loss of ability to understand or express speech.
- Cognitive Deficits: Issues with memory, judgment, and emotional regulation.
- Economic Devastation: The cost of long-term rehabilitation, home modifications, and the loss of earning capacity can reach into the millions.
When these outcomes are the result of a doctor’s error, the victim and their family have a right to seek compensation for their suffering and financial losses.
Proving Malpractice: Why Experience Matters in Misdiagnosed Stroke Cases
Stroke-related malpractice cases are notoriously complex. To be successful, a legal team must prove three things:
- Duty: That a doctor-patient relationship existed (the standard of care).
- Breach: That the doctor failed to meet that standard (e.g., failed to follow stroke protocols).
- Causation: That the breach directly caused the injury. In stroke cases, the defense often argues that the damage would have occurred regardless of the delay. Proving that timely treatment would have led to a better outcome requires testimony from highly specialized medical experts.
How Blume Forte Attorneys at Law Can Help After a Misdiagnosed Stroke
At Blume Forte Attorneys at Law, we have spent over 90 years putting lives back together after traumatic events. Our team of attorneys, supported by a dedicated staff that includes doctors, nurses, and medical librarians, is uniquely equipped to handle the intricacies of medical malpractice litigation.
We understand that a stroke is a life-altering experience. If you, a friend, or a loved one has experienced a stroke and you suspect the treatment received was improper or delayed, our firm is prepared to evaluate your case at no charge. We have the resources and the experience to go the distance to ensure our clients are made whole after a devastating medical error.
Don’t let a medical professional’s mistake define your future. If you believe negligence played a role in a stroke outcome, contact Blume Forte Attorneys at Law today at 973-845-4421 for a free consultation. We represent clients throughout New Jersey, including Sea Girt, Paterson, Clifton, and South Plainfield.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
