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Two Common Medical Malpractice Claims from Stroke-Related Errors


Recent advancements in technology and research have made it possible to quickly pinpoint and treat stroke, leading to improved patient outcomes as compared to just a few years ago. However, despite access to equipment, solutions, and information, Florida health care providers may still make mistakes at key points along the stroke timeline. According to the American Heart Association (AHA), most medical malpractice claims stemming from emergency management of stroke involve the failure to diagnose and errors in providing treatment after diagnosis. Unfortunately, mistakes in these two areas can also lead to the most serious types of harm for the patient.

If you suffered stroke-related injuries under mission-critical circumstances, it’s important to talk to a Florida stroke malpractice lawyer about your rights. A summary of the basic concepts may also be informative.

Basis for Medical Malpractice Claims Regarding Stroke-Related Errors: In any action stemming from health care provider malpractice, there are four elements you must prove:

Duty: You can meet this requirement by showing a patient-physician provider relationship, such as where you sought care, a diagnosis, consultation, a procedure, or other form of treatment. 

Breach: Once the duty exists, a practitioner is required to act within the standard of care, which means providing medical treatment in accordance with generally accepted parameters in the field. If he or she deviates from the relevant standard of care, it’s considered a breach of duty. 

Causation: The breach of duty must be directly connected to the bodily harm that you suffered, or you don’t have a claim for medical malpractice. 

Damages: This element refers to the losses you sustain as a result of malpractice, which may be physical, emotional, and financial in nature. 

Failure to Diagnose Stroke: Applying the above elements to this specific situation, a provider may breach the duty of care by not administering proper tests for stroke. When you present with symptoms, in most cases, you should receive a physical exam and one or more of the following:

  • Computerized tomography (CT) scan
  • Magnetic resonance imaging (MRI)
  • Carotid ultrasound
  • Cerebral angiogram
  • Echocardiogram

From these test results, a doctor should be able to diagnose both the existence of stroke and the type – which may be either a blood clot (ischemic) or hemorrhaging in the brain. 

Mistakes in Stroke Treatment: Once the health care provider diagnoses stroke, timing becomes critical for implementing a proper treatment plan. For an ischemic stroke, physicians should administer a tissue-type plasminogen activator (tPA) right away. With a hemorrhagic stroke, the care plan might involve immediate surgery to address an aneurysm, arteriovenous malformation (AVM) or other type of blood vessel problem. 

A Florida Stroke Errors and Medical Malpractice Attorney Can Provide More Information 

This synopsis should help you understand the foundation of medical malpractice claims for stroke errors, but there are complex liability issues and legal subtleties at stake. Retaining a skilled lawyer is critical to getting compensation for your losses, so please contact the Miami failure to diagnose stroke lawyers at Freidin Brown, P.A. to discuss your legal remedies. We can schedule a free consultation at our offices to provide specific information regarding your matter.




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