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How to Sue for Stroke Misdiagnosis in New York

May 12, 2022

When patients with stroke symptoms visit the hospital, clinicians must identify and treat the symptoms quickly. There is a risk of permanent disability and death if strokes are addressed incorrectly. Doctors have no justification for leaving a patient to suffer because of misdiagnosis or treatment.

Before you start thinking of hiring a New York state stroke malpractice lawyer, let’s help you understand the meaning of stroke.

Incidence and Prognosis of a Stroke

Ischemic strokes and hemorrhagic strokes are the two forms that can affect a patient. A “stroke” happens when the brain is deprived of oxygen due to a lack of blood flow. 87% of all strokes are caused by a blood clot blocking an artery leading to the brain. Some people may also suffer from transient ischaemic attacks (TIA), short-lived strokes in the brain.

On the other hand, Hemorrhagic strokes are caused by the blood pooling in the brain as a result of a ruptured blood artery. A lack of consistent oxygen to the brain can lead to additional damage, as can pressure within the skull. Although hemorrhagic strokes account for just 13 percent of all strokes, clinicians can feel complacent in their diagnosis.

Keep reading to learn about Stroke Misdiagnosis, Mismanagement and find out if you have a case today.

Determine If You Have a Stroke Right Now!

‘What if I had identified the stroke earlier?’ is one of the most challenging and painful words you can ever hear. If you’re curious about the fastest technique to identify a stroke without significant medical terminologies, this article is for you.

The FAST anagram is an excellent tool for spotting strokes.

  • Face: When you smile, does one side of your face droop?
  • Arms: If you raise both arms, does one arm drift downward?
  • Speech: When you speak, are your words slurred or incomprehensible?
  • Time: Time is of the essence, so you should call 911 to see a doctor immediately if you have any of the above symptoms. Do not try to drive on your own.

If you notice any of the symptoms above and believe a healthcare worker’s negligence caused it. Contact a New York Delayed Medical Treatment Lawyer Immediately.

You Deserve Justice. We Can Help.

Malpractice in Stroke Cases

An experienced physician will initially rule out potentially life-threatening diseases when you present with symptoms – no matter how minor. Staff at a hospital should be aware of the early warning signs of a stroke and act quickly if necessary. This can be exceedingly dangerous, putting the patient at risk of dying or suffering owing to delayed treatment for a hemorrhagic stroke.

It puts patients in danger of major disability, long-term brain damage, and even death when they don’t. A patient’s medical history should be reviewed under standard practice, and every test should be ordered to provide the best potential outcome. If you notice anything unusual, speak to New York Medical Malpractice Brain Damage Attorneys immediately.

There have been stroke malpractice cases in which a doctor has treated a  victim in the following ways:

  • Ignoring a patient’s medical history and symptoms
  • Early hospital discharge
  • When the required tests aren’t done
  • Misdiagnosing  a stroke as a different medical problem
  • Delayed treatment
  • Wrong treatment 

You or a loved one should contact us immediately if anything like this has happened to you or them!

Statute of Limitations For  Stroke Medical Malpractice Cases in New York City

The victim has two years and six months to file a claim in most cases. There are two-year deadlines for estates to file wrongful death lawsuits if death is involved in the case. Two years from the date of death or two and a half months if the person is still alive. 

An official notice of claim must be submitted to the municipal hospital within 90 days of the incident, detailing the damages’ location, date, and nature. This is true even if no municipal hospital was directly involved. So long as doctors deviated from excellent and acknowledged medical standards of care before the time limit to suit, they would be eligible to do so.

Call a JustPoint Lawyer regarding the New York City Statute of Limitations for Stroke Medical Malpractice Cases.

Conditions Under Which the Statute of Limitations Might Be Extended in New York City

The New York medical malpractice statute of limitations does not apply when a patient continues to see the same doctor for the same medical treatment as they had previously. For example, if a patient presents with characteristic signs of a stroke, the doctor may fail to recognize the disease but continue to treat the patient for the same medical issues. Legal action typically cannot be brought up until the patient’s doctor no longer treats them for their concerns. If a physician continues to treat you for the same medical problem, the statute of limitations is extended for you to file a lawsuit against the doctor.

Count on Decades of Expertise

If you or your loved one is a victim of stroke Medmal, you may be eligible to file a medical malpractice claim. Our team of skilled New York stroke malpractice lawyers can provide legal assistance through their vast experience in getting maximum compensation for stroke victims. Contact Justpoint for a free case evaluation today.

Put Your Case in Qualified Legal Hands

A doctor or other medical professional who goes against the accepted standard of care can be held accountable for their actions by a legal team with the experience and resources to do so. We enlist the services of seasoned attorneys who have practiced law for decades. We’ve helped stroke victims collect hundreds of millions of dollars to date, and we’re confident that we can do the same for you. To discover more about how we can help you, don’t hesitate to contact us right now.

Conclusion

  • Misdiagnosis, delayed diagnosis, and failure to detect a stroke can lead to serious medical problems, including death. It is advisable to see a New York Stroke Attorney immediately.
  • Patients might suffer from both ischemic and hemorrhagic strokes. The FAST diagnostic anagram can be used to identify a stroke quickly.
  • The following are examples of how doctors might contribute to stroke malpractice: neglecting evident symptoms, early hospital discharge, poor medical examination, delayed or improper therapy, and misdiagnosing stroke as something else.
  • Only a few exceptions apply to New York City’s two-and-a-half-year statute of limitations for claims of stroke medical malpractice. There is only one exception to this rule: if the liable doctor still provides therapy for the same medical condition.
  • JustPoint has decades of expertise working with skilled legal experts to ensure that you receive the maximum compensation you are entitled to receive.

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