There are risks involved with any type of health care treatment, but the threat of serious adverse outcomes is significant in the context of stroke. According to a National Library of Medicine article, stroke misdiagnosis is a “major” concern due to errors in around 9 percent of cases in the emergency setting. Missed diagnosis can lead to an array of complications, since the patient will not receive proper care AND cannot take advantage of secondary prevention strategies. However, a false-positive diagnosis of stroke can also be harmful, especially when the patient receives inappropriate, unnecessary treatment.
The issue of stroke malpractice is concerning, leading many people to wonder how health care providers make mistakes in identifying the condition and treating it. You should discuss legal issues with a Miami stroke misdiagnosis lawyer, but you might gain some insight from reviewing a few things that can go wrong.
Stroke Misdiagnosis
Though the specifics vary by the type of stroke, the condition is generally due to disruptions in blood flow to the brain – which leads to a lack of oxygen and death of brain cells. Physicians typically issue a diagnosis through a combination of symptoms, medical history, and risk factors; as such, it may be a case for malpractice when the doctor provides a false positive or false negative stroke diagnosis.
Delayed Diagnosis of Strokes
Obviously, if you have the choice, you want to avoid the stroke progressing, but if you had one that was allowed to progress without the right treatment, there may well be a claim you can make against the hospital that failed to properly treat you.
In many such claims, the Freidin Brown, P.A. attorneys prove that the patient did all he/she should have done in getting to the hospital in a timely fashion. We then prove that the hospital fell below the standard of care that is expected of the medical institutions and professionals in the state of Florida. Strokes can occur during hospitalizations, sometimes after surgery, during a treatment, or as a result of the medications administered.
Family members should be aware of the signs of a stroke when a loved one undergoes a serious medical procedure. A common red flag is loss of movement of the patient’s leg or arm on one side, or a change in speech, such as visible difficulty verbalizing their thoughts. We have successfully litigated many of these cases by proving, for example, that the nursing staff failed to pick up on warning signs and failed to alert the physician.
Mistakes with Acute Treatment
An accurate, timely diagnosis of the type of stroke is closely tied to treatment. When patients receive proper care within three hours of the first symptoms of ischemic stroke, where blood flow is blocked by a clot, they are often treated with a medication known as a tissue plasminogen activator (tPA). Through proper care with this clot-busting drug, it is possible to fully recover or experience limited disability. Treatment options for a hemorrhagic stroke, i.e., bleeding in the brain, include procedures to surgically repair a damaged blood vessel.
Medication Errors
There are multiple ways a physician may make a mistake linked to medication for stroke treatment, including:
- Administering the wrong medication, such as treating a hemorrhagic stroke with tPA;
- Providing the patient with an over- or underdose of a stroke drug; or
- Improper communication of medication and dosing information to other health care providers.
Negligence in Rehabilitation and Post-Stroke Care
Effective stroke care does not end with acute treatment during an emergency room visit or hospitalization. Physicians are responsible for aftercare, where communication is crucial for success with rehabilitation and secondary stroke prevention. For some patients, this may mean lifestyle changes or receiving treatment for underlying medical conditions, such as:
- High cholesterol;
- Hypertension;
- Diabetes; or
- Heart disease.
Medical Conditions That Increase Stroke Risk
Stroke care is two-fold according to the Miami Neuroscience Institute:
- Lessening the medical complications caused by stroke
- Diagnosing the underlying cause to reduce or eliminate the potential for another stroke
With respect to #2, some patients are fortunate in a sense: Once diagnosed, they can reduce the risk through such lifestyle changes as quitting smoking, becoming more physically active, and getting hypertension or cholesterol under control. For individuals with conditions that are less often associated with stroke, a diagnosis can be elusive.
Inflammatory Blood Vessel Condition
When the walls of the blood vessels thicken through a disorder termed vasculitis, the inflammation reduces the space through which blood can travel. Swelling in the blood vessels that supply the brain can lead to ischemic stroke, but these conditions are treatable by medications to control inflammation.
Non-Inflammatory Blood Vessel Disorder
Blood flow can also be restricted by medical conditions that cause abnormal development of the cells that form blood vessel walls. The two carotid arteries, the main vessels in the neck that supply blood to the brain, are frequently affected. In addition, certain disorders can cause blood vessels to vasospasm, i.e., contract to restrict blood flow.
Hematological Blood Condition
The human body’s blood can be the cause of stroke, particularly with coagulation system disorders that lead to formation of cloths and block flow. Sickle cell anemia is another type of blood condition which requires prompt diagnosis and treatment to avoid stroke: This disorder affects the shape of red blood cells, which results in the inability to carry oxygen and difficulty moving through blood vessels.
Tests To Expect When Florida Health Care Providers Suspect Stroke
There are two types of stroke:
- Ischemic stroke occurs when a blood clot deprives the brain of blood, and it is the most common form. In less than 1 minute, up to 1.9 million brain cells could be killed.
- A hemorrhagic stroke involves a ruptured artery that fills surrounding tissue with blood. This type of stroke is more likely to be fatal, and survivors face an uphill battle for recovery.
Based upon these descriptions, a proper diagnosis is critical for positive patient outcomes. Some types of treatment are unavailable outside of certain time windows, and damage to the brain worsens with every passing minute. It is important to be aware of some tests that you can expect when health care providers suspect stroke.
Physical Examination
A physician will start with various tests that you have been through before, including blood pressure, heart rate, vision, and body temperature. The initial exam may also include blood tests to determine sugar levels and assess how your blood clots.
CT Scan
This screening employs X-rays that translate images of your brain, enabling health care providers to evaluate:
- Whether there is bleeding in the brain
- The presence of clots
- Swelling of brain tissue
- A tumor, cancerous cells, or other abnormalities
EKG
Where a CT scan creates images of the brain through X-rays, an echocardiogram uses sound to evaluate the heart. The EKG can identify sources of clots in the heart, since they could have traveled through blood vessels to the brain. This test can help diagnose ischemic stroke, as well as rule out hemorrhagic stroke.
MRI
Magnetic resonance imaging is useful for diagnosing both types of stroke, using radio waves and magnetic technology to assess damage to the brain. The screening usually involves injection of a dye into blood vessels, highlighting any tears or clots that interfere with blood flow.
Carotid Ultrasound
The carotid arteries are located in the neck, one on each side. They provide blood supply to the brain, so any clots or narrowing will reduce or prevent oxygen flow. An ultrasound is used to look at the carotid arteries to determine whether there are any fatty plaques that could have caused an ischemic stroke.
Legal Remedies for Stroke Diagnosis Errors
Knowing that proper stroke care requires prompt diagnosis of an underlying condition, failures may give rise to liability for stroke misdiagnosis – a type of medical malpractice claim. Even if the disorder is rare, health care providers are required to issue diagnoses in accordance with the appropriate standard of care: What a hypothetical physician in the same specialty area would have done under the same circumstances. Departing from this standard may constitute malpractice, though there are additional elements you will need to prove to recover for your medical costs, pain and suffering, and other losses.
Our Florida Stroke Medical Malpractice Attorney Can Advise You on Your Rights
If you suffered harm because of these or any other issues with care for stroke, you may be entitled to monetary damages for your losses. Our Miami medical malpractice lawyers at Freidin Brown, P.A. can assess your legal options after reviewing your circumstances, so please contact our offices today to schedule a free consultation.
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