Legal Guide

Can I Sue If My Doctor Failed to Treat a Stroke?

Last Updated on Originally published July 9, 2024
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Yes, a patient who has suffered a stroke and did not receive prompt treatment may be eligible to file a medical malpractice lawsuit. For example, if a healthcare provider fails to administer tissue plasminogen activator (tPA) to patients within the recommended time frame, resulting in a worsened condition, this could be grounds for a negligence claim.

Stroke is the fourth leading cause of death in New York State, claiming approximately 6,400 lives annually. Nationwide, more than 795,000 people suffer from strokes each year, underscoring the prevalence and severity of this life-threatening condition.

If you or a loved one has experienced substandard medical care resulting in delayed or failed stroke treatment, you may have the right to seek compensation for physical, emotional, and financial damages. Consult with an experienced medical malpractice attorney today.

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Common Symptoms of Stroke

According to the American Stroke Association, remembering the acronym F.A.S.T. can help save lives and minimize the long-term effects of stroke.

F = Face Drooping – Does one side of the face droop or numb? Ask the person to smile. Is the person’s smile uneven?

A = Arm Weakness – Is one arm weak or numb? Ask the person to raise both arms. Does one arm drift downward?

S = Speech Difficulty – Is speech slurred?

T = Time to call 911 – Having a stroke is an emergency, so call 911 immediately.

In addition to the symptoms mentioned above, you should also be alert for these sudden changes in the behavior of someone you know: 

  • Numbness or weakness of face, arm, or leg
  • Confusion, trouble speaking or understanding speech
  • Trouble seeing in one or both eyes
  • Trouble walking, dizziness, loss of balance or coordination
  • Severe headache with no known cause.

If these symptoms are present, don’t wait for the symptoms to stop and immediately call for a healthcare provider. The longer a stroke goes untreated, the greater the potential for brain damage and disability.

How tPA Stroke Medication Works

Tissue plasminogen activator (tPA) is a medication that doctors administer following an ischemic stroke – a blood clot blocking an artery leading to the brain. This medication is used to help restore blood flow to brain regions affected by a stroke, limiting the risk of damage and functional impairment.

A doctor needs to give tPA within 3 hours of the start of stroke symptoms. In some cases, tPA can be administered up to 4.5 hours after the symptoms start, or if the patient wakes up with stroke symptoms less than 4.5 hours before seeking treatment.

After administering tPA to a stroke patient, the patient is closely observed for complications, and strict blood pressure control is maintained to reduce the risk of bleeding. 

Consequences of Late Treatment of Stroke

A stroke left untreated by a doctor may have several temporary or long-term effects on a patient’s body. The effects are as follows:

Left Brain
A stroke that occurs in the left side of the brain will show effects on the right side of the body, such as:

– Paralysis on the right side of the body
– Sensory changes on the right side of the body
– Speech/language problems
– Abstract thinking
– Problems with thinking and memory
– Slow, cautious behavior
Right Brain
In an alternate scenario, if the right brain were affected, the left side of the body would show the following:

– Paralysis on the left side of the body
– Sensory changes on the left side of the body
– Vision problems
– Spatial thinking or imagery
– Problems with thinking and memory 
Brain Stem
A stroke in the brain stem can affect both sides of the body. This can lead to a condition known as a locked-in state, where the patient is generally unable to speak or move. Despite this, the person remains conscious and can hear, think, reason, and comprehend.

Financial Impact on Stroke Patients

Stroke not only has significant health consequences but also imposes a substantial financial burden on patients and their families. For ischemic stroke, in particular, the economic impact is severe.

Recent estimates place the lifetime cost of an ischemic stroke at approximately $140,048 per patient. This figure encompasses various expenses, such as inpatient care, rehabilitation services, and long-term follow-up care.

When stroke symptoms are recognized early and patients receive immediate treatment from qualified medical practitioners, the chances of better recovery increase while potentially lowering long-term costs.

If you or a loved one has suffered harm due to a doctor’s failure to treat a stroke promptly and has caused the consequences mentioned above, our medical malpractice lawyers can assist you with the legal process and help you receive the compensation you deserve. 

How to Build a Claim Against a Negligent Doctor

An initial investigation is required to prove negligence and establish a claim. Medical malpractice experts typically work with trusted medical consultants for this.

During said investigation, the legal team would aim to establish the following elements:

1. Duty of Care – Was there an appropriate doctor-patient relationship?
2. Breach of Duty – Did your doctor perform poorly/negligently based on accepted standards of care?
3. Causation – Did your doctor’s actions/inactions directly cause you harm?
4. Damages – What did these errors cost you?

Once these elements have been pinpointed and established, the legal team can now file a claim. Our proven trial attorneys can help you increase your chances of getting compensation. 

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Get Compensation After a Failed Stroke Treatment

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Speak to a Stroke Lawyer Today

At the Porter Law Group, our team of proven medical malpractice lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances.  

We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.

If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.

Medical Malpractice

The experts behind this article

Every Porter Law Group guide is written and reviewed by experienced New York personal injury attorneys.

Eric C. Nordby
Written By
Eric C. Nordby
Personal Injury Attorney

Eric, with nearly three decades of experience in personal injury litigation, holds a law degree with honors from the University at Buffalo School of Law and a Bachelor's Degree from Cornell University. His extensive career encompasses diverse state and federal cases, resulting in substantial client recoveries, and he actively engages in legal associations while frequently lecturing on legal topics.

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Michael S. Porter
Legally Reviewed on July 9, 2024
Michael S. Porter
Personal Injury Attorney

Originally from Upstate New York, Mike built a distinguished legal career after graduating from Harvard University and earning his juris doctor degree from Syracuse University College of Law. He served as a Captain in the United States Army Judge Advocate General’s Corps, gaining expertise in trial work, and is now a respected trial attorney known for securing multiple million-dollar results for his clients while actively participating in legal organizations across Upstate NY.

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This page was legally reviewed by Michael S. Porter on July 9, 2024. Our experts verify everything you read to make sure it's up to date. Read our editorial guidelines or contact us.