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Why is it so Hard to Prove Stroke Malpractice in Florida?


There are many legal bases for a medical malpractice lawsuit, but these matters are rarely as clear-cut as a sponge or other item being left inside the patient after surgery. One of the most complicated types of cases in Florida is stroke malpractice, which may involve an error in treatment or misdiagnosis. In studying this specific issue related to 246 stroke claims, researchers from the American Heart Association found that more than half – 56 percent – of all cases resulted in ZERO payout to the patient. Just 17 percent of claims went to court and resulted in a verdict in the victim’s favor.

As such, you might be wondering what makes a stroke med mal claim so challenging for the patient to prove. Many factors contribute to the difficulties, which is why you should trust a Florida stroke misdiagnosis and malpractice attorney to protect your rights.

Ambiguous, Overlapping Symptoms of Stroke: A stroke occurs when the blood vessels in the brain hemorrhage or a clot prevents blood from transporting oxygen to the brain. This emergency medical condition can lead to many different immediate symptoms, such as:

  • Difficulty speaking;
  • Confusion;
  • Issues with balance;
  • Unexplained headaches; and,
  • Others.

These symptoms may occur with a hemorrhagic or ischemic stroke, leading to problems with diagnosing the different types. In addition, the signs of stroke can be confused with other medical conditions, including migraines and metabolic disorders.

Varying Risk Factors and Complications: Hemorrhagic and ischemic strokes may be linked to family history, so an individual might be more prone to suffering an event based on genetics. As a result, it can be difficult to establish that a health care provider’s negligence was the underlying cause. In addition, the outcome may differ depending on the patient’s health and well-being prior to the event. A physician may respond to allegations of medical error by pointing out that the person who suffered a stroke did not make wise lifestyle choices – such as smoking or not controlling diabetes.

Stroke Malpractice Comes in Many Forms: Under Florida law, medical negligence occurs when a physician departs from the generally accepted standard in providing medical care or making health-related decisions. There can be numerous factors involved with stroke malpractice, making it difficult to pinpoint just one for purposes of a claim. For example, a health care provider might:

  • Fail to make a prompt, accurate diagnosis;
  • Not provide specialized treatment for a hemorrhagic or ischemic stroke;
  • Ignore risk factors; or,
  • Make the decision to go forward with a risky, potentially harmful procedure that the patient does not need.

Our Florida Stroke Misdiagnosis Lawyers are Prepared for Challenges 

It is possible to lead a full life without complications after a stroke, but you face an uphill battle in recovering when you were misdiagnosed or received the wrong treatment. Because of the legal hurdles, it is wise to consult with our Miami failure to diagnose stroke lawyers at Freidin Brown, P.A. to assist with your stroke med mal claim. Please contact our offices to set up a free case evaluation regarding your options.




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