A stroke is a medical emergency that requires immediate diagnosis and treatment to prevent irreversible brain damage. As such, when a healthcare provider fails to recognize the signs of a stroke and delays the diagnosis, the consequences can be catastrophic, leading to permanent disability or death. If you or a loved one has suffered harm because a doctor failed to diagnose a stroke, you may be able to pursue compensation for your losses, and you should consult an attorney. At Arfaa Law Group, our Baltimore medical malpractice lawyers are proficient at helping people recover damages for failure to diagnose stroke, and if you engage our services, we will zealously pursue the maximum compensation available in your case.
Demonstrating the Failure to Diagnose Stroke Constitutes Medical MalpracticeSymptoms of a stroke, such as sudden numbness or weakness in the face or limbs, confusion, difficulty speaking, and dizziness, should prompt immediate evaluation and treatment. When a doctor or emergency room staff fails to recognize the warning signs of a stroke or delays ordering diagnostic tests such as a CT scan or MRI, it can go undiagnosed. Many people harmed by such oversights can ultimately recover damages for failure to diagnose stroke in medical malpractice claims. In order to do so, however, they must prove the defendant’s fault.
In most instances, this requires them to demonstrate the defendant’s negligence, which means they must prove several elements. First, they must show that the defendant owed them a duty of care, which is the treatment a competent professional working in the same specialty would be expected to provide in a similar situation. Next, they must demonstrate that the defendant breached that duty by failing to meet the standard of care, such as by failing to order timely diagnostic tests. Finally, the plaintiff must prove that the breach directly caused their injuries.
Expert testimony is usually essential in stroke malpractice cases. Medical experts can testify about the accepted standard of care for diagnosing and treating strokes, as well as how the healthcare provider’s failure to meet that standard caused the plaintiff’s harm.
Available Damages for Failure to Diagnose StrokeDamages for failure to diagnose stroke cases can be significant due to the severe and often permanent consequences of untreated strokes. Plaintiffs may recover both economic and non-economic damages. Economic damages compensate for tangible financial losses, such as medical bills for emergency treatment, surgery, rehabilitation, and long-term care. Many stroke victims require ongoing physical, occupational, and speech therapy, and these costs can be substantial. In addition, plaintiffs may seek compensation for lost wages if their ability to work is impaired by the stroke.
Non-economic damages are intended to compensate for the more subjective losses suffered by stroke victims and their families. These can include pain and suffering, emotional distress, and loss of enjoyment of life. A stroke can significantly reduce a person’s quality of life, leaving them unable to perform daily activities or engage in the same hobbies and relationships they enjoyed before. In some cases, stroke victims experience profound emotional trauma as they cope with the loss of independence and mobility.
In Maryland, non-economic damages in medical malpractice cases are subject to a cap. This cap is adjusted annually and applies to all medical malpractice claims, including those for failure to diagnose stroke.
Wrongful Death Claims in Stroke Malpractice CasesIn the most tragic cases, a failure to diagnose and treat a stroke in time can lead to the patient’s death. When this occurs, surviving family members may be able to file a wrongful death claim to seek compensation for their losses. Damages for failure to diagnose stroke in wrongful death cases may include compensation for loss of financial support and loss of companionship, as well as funeral and burial expenses. Maryland law only permits specific family members, including spouses, parents, and children, to file a wrongful death claim.
Talk to a Knowledgeable Baltimore Medical Malpractice AttorneyThe failure to diagnose a stroke can lead to devastating consequences, including permanent disability or death. If you or a loved one were harmed by a healthcare provider’s negligence, it is vital to talk to an attorney about what claims you may be able to pursue. The knowledgeable Baltimore medical malpractice attorneys of Arfaa Law Group are committed to helping victims of medical negligence secure the compensation they deserve, and if we represent you, we will craft compelling arguments in your favor. We have an office in Baltimore, where we frequently represent people in medical malpractice cases. You can reach us at 410-889-1850 or via our online form to arrange a meeting.