A stroke can be mild or it can be severe with devastating consequences for a patient. Whether a stroke victim is misdiagnosed or sent home from the hospital without treatment, the serious damage that takes place due to the delay in stroke treatment is often irreversible. If you or someone close to you has suffered harm due to a diagnostic issue related to a stroke, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse medical malpractice attorneys understand that a stroke is a common and potentially life-threatening occurrence for patients of all ages. We will analyze the facts of your case and make every effort to get you the compensation you deserve for your harm.
Strokes are the third leading cause of death in the United States, killing approximately 150,000 people and causing severe disability to several hundred thousand more each year. A stroke is defined as the sudden death of brain cells due to a lack of oxygen. Essentially, a stroke takes place when blood flow to the brain is interrupted, resulting in abnormal brain function. It is caused by the blockage or rupture of an artery to the brain. According to the American Stroke Association, quick treatment for a stroke can save lives.
Because symptoms of a stroke can resemble other medical problems (i.e., migraines), misdiagnosis is a common problem. However, that does not mean the doctor is off the hook legally. Failure to diagnose a stroke can take many forms, from failing to identify the stroke as it is happening or overlooking signs of an impending stroke. Consequences of an undiagnosed stroke or misdiagnosed stroke may include brain injury, more severe stroke, paralysis, seizures, loss of motor skills, memory problems, difficulty speaking, pain, behavioral issues and even death.
A doctor who fails to diagnose a stroke properly may be liable for malpractice. Medical malpractice takes place when a medical professional fails to adhere to the ‘standard of care,’ thereby causing injury to the patient. The ‘standard of care’ is defined as the level of care and caution that a reasonably competent medical professional in the same specialty would have used under the same or similar circumstances. It is not sufficient to show that the doctor did not make the correct diagnosis. Rather, to win a medical malpractice case, the plaintiff must be able to show that the incorrect diagnosis was a direct and proximate cause of his or her injury.
Injury from a stroke can cause sudden physical, emotional and financial hardship for both patients as well as their families. Due to this reality, New York laws allow victims of stroke malpractice to recover a variety of damages including, but not limited to: medical expense, rehabilitation costs, pain and suffering, lost wages, long-term disability and any other expenses arising from the malpractice. If your loved one has died due to stroke diagnosis malpractice, you may be able to pursue wrongful death damages, such as funeral costs, burial costs, loss of companionship and more.
If you or someone close to you suffered a stroke that was misdiagnosed as another condition, or simply overlooked entirely, you should contact our experienced Syracuse misdiagnosis attorneys immediately. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have helped many families achieve substantial financial recoveries in a variety of complex medical malpractice cases. To discuss your case in more detail, please feel free to call us today at 833-200-2000 or contact us online.
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