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|Medical Malpractice
Last Updated: October 31, 2023
Legally Reviewed by:
David Di Pietro
Managing Partner, Medical Malpractice Attorney

Di Pietro Partner's goal is to advocate for you when you need our help. Our team of experienced legal and medical professionals are dedicated to providing high quality informative content. The information on this page and other areas on the website is routinely fact checked, updated, and approved by our team of licensed attorneys and professional editors. If you find any errors, feel free to let us know and we will review the information immediately.

Stroke is a devastating medical condition that occurs when there is a disruption of blood flow to the brain. It is a medical emergency that requires prompt and accurate diagnosis and treatment. When healthcare professionals fail to meet the standard of care in diagnosing or treating stroke, it can lead to serious consequences for the patient. In such cases, stroke malpractice may occur, and victims have the right to seek legal recourse.

Stroke malpractice has a number of different aspects that need to be considered, specifically its causes, consequences, and the legal options available to those who have suffered due to medical negligence. It is important to understand the specifics of stroke malpractice in Florida, particularly the unique legal landscape and considerations for the region.

Understanding Stroke

In order to understand the intricacies of stroke malpractice, it is essential to establish a fundamental understanding of what a stroke is and how it affects individuals. A stroke, often referred to as a “brain attack,” occurs when there is an interruption in the blood supply to the brain, leading to brain cell damage or death. There are two primary types of strokes:

Ischemic Stroke: This is the most prevalent type of stroke and occurs when a blood clot obstructs an artery or blood vessel, leading to a reduction in blood flow to the brain.

Hemorrhagic Stroke: Hemorrhagic strokes occur when a blood vessel in the brain ruptures, causing bleeding and harm to brain tissue.

Regardless of the type, stroke is a medical emergency that necessitates immediate attention. Brain cells begin to perish within minutes of a stroke occurrence, emphasizing the critical importance of timely intervention in minimizing damage and optimizing recovery.

Stroke Triggers

While strokes can occur at any age, vertebral artery dissection (VAD) is often the culprit in healthy younger individuals. These can be entirely asymptomatic and may be triggered by even minor neck movements. It’s crucial to note that not every VAD results in a stroke.

VAD refers to a tear in the inner lining of the vertebral artery, situated in the neck and responsible for brain blood supply. This tear allows blood to pool and subsequently clot. A stroke may occur if a fragment of this clot dislodges, travels along the artery, and obstructs blood supply to a brain segment. Such an obstruction starves brain cells of oxygen, leading to their death. This oxygen deprivation and its subsequent effects on the brain are termed ischemia.

Several everyday activities that may induce VADs include:

  • Arching your neck backwards at the hair salon while rinsing.
  • Transferring laundry between appliances.
  • Receiving chiropractic adjustments.
  • Experiencing forceful coughs.
  • Sudden sneezing.
  • Laughing heartily.
  • Engaging in rigorous gym exercises.
  • Participating in water activities like tubing or water skiing.
  • Any other incidents causing neck strain or trauma.

Causes of Stroke Malpractice

Stroke malpractice can manifest at various stages of a patient’s care, ranging from diagnosis to treatment and post-treatment follow-up. Numerous factors contribute to stroke malpractice, and understanding these root causes is crucial to addressing and preventing such medical negligence. The following are common causes of stroke malpractice:

Misdiagnosis: One of the primary contributors to stroke malpractice is misdiagnosis or delayed diagnosis. Healthcare professionals may fail to recognize the symptoms and signs of a stroke, leading to a delayed or incorrect diagnosis. This delay can significantly impact a patient’s chances of recovery.

Inadequate Screening: Certain individuals face a higher risk of stroke due to factors such as age, family history, or underlying medical conditions. Neglecting to perform adequate screening for these risk factors can result in stroke malpractice.

Medication Errors: Administering the incorrect medication or dosage can exacerbate a stroke or trigger complications. Medication errors can arise during emergency situations or in post-stroke care.

Surgical Errors: In cases where surgical intervention is necessary to address a stroke or its root causes, surgical errors can lead to stroke malpractice. This may encompass mistakes in the surgical procedure itself or substandard post-operative care.

Delayed Treatment: Time is of the essence in stroke cases, and any delay in providing suitable treatment, such as administering clot-dissolving medications or performing surgery, can lead to dire consequences for the patient.

Failure to Monitor: Following a stroke, patients necessitate vigilant monitoring to promptly detect and address any complications. Neglecting to offer adequate monitoring can result in stroke malpractice if complications arise.

Recognizing Stroke Symptoms

Given the limited timeframe for effective stroke intervention, understanding and identifying stroke symptoms can be vital, potentially making the difference between survival and a tragic outcome.

Key indicators of a stroke are:

  • Abrupt weakness, numbness, or a heavy sensation, affecting either side or both sides of your body. This could manifest as a dragging leg or an immobile arm.
  • Sudden difficulty with language, such as struggling to articulate a specific word.
  • Instantaneous loss of vision, either partially or fully, in one or both eyes.
  • Abrupt blurring of vision.
  • Immediate drooping of the face, slurred speech, or uncontrolled drooling.
  • Sudden disorientation or loss of equilibrium.
  • A sharp and severe headache appearing suddenly.

If you witness or experience any of the above symptoms, urgently call 911 and inform them of a possible stroke. Request transportation to the closest stroke center.

Stroke Intervention

The primary intervention for ischemic stroke is an anticoagulant named tPA, administered within the initial 3 hours following the onset of stroke symptoms. However, under specific circumstances, this medication can be provided up to 4.5 hours post-symptom onset. Beyond this duration, the potential for severe bleeding surpasses the drug’s advantages. This period, from 3 to 4.5 hours, is often termed the “treatment window”. At certain stroke facilities, depending on the stroke’s nature, tPA can be prescribed even 12 hours or longer after the initial symptoms.

It’s crucial to administer tPA as swiftly as possible. For instance, a patient receiving tPA 90 minutes post-symptom onset is likely to fare better than if given the drug 2 hours post-onset. Thus, rapidly transporting a stroke patient to a medical facility is of utmost importance.

While tPA is a prominent treatment for clot-induced strokes, other interventions exist. Some individuals might be eligible for a procedure where a specialist, typically an interventional radiologist, extracts the clot from its location in the artery using specialized equipment. This procedure, known as mechanical thrombectomy, can effectively restore blood flow even 8, 12, or 24 hours post-symptom onset, depending on the clot’s position, stroke magnitude, and the patient’s overall health.

For those experiencing hemorrhagic strokes, surgical intervention might be required to alleviate intracranial pressure. Not all centers have neurosurgeons on hand, necessitating a transfer to a well-equipped facility.

Malpractice claims can arise from failing to provide tPA or not relocating a patient to a specialized facility, like a Certified Stroke Center, where timely and appropriate care can be administered.

Consequences of Stroke Malpractice

Stroke malpractice’s ramifications are not only profound but also ripple across various facets of a patient’s life, influencing their families and communities at large. A deeper understanding of these consequences underscores the dire need for measures to tackle and prevent such medical oversights. Delving deeper into the potential fallout of stroke malpractice, we find:

  • Amplified Disability: Incorrect or tardy medical intervention can cause the brain to sustain even more damage, which in turn intensifies the disability experienced by the patient. The enhanced disability can manifest in various ways, from physical limitations and motor skill challenges to cognitive lapses and hurdles in communication.
  • Extended Rehabilitation Period: The after-effects of stroke malpractice can necessitate longer and more rigorous rehabilitation periods. This extended recovery time can severely disrupt patients’ daily lives, hindering their return to a semblance of normalcy.
  • Emotional and Psychological Repercussions: Beyond the physical, survivors of stroke malpractice often wade through a tumultuous sea of emotional and psychological struggles. Such medical mishaps can heighten feelings of despair, anxiety, and even precipitate conditions like PTSD. Furthermore, facing the reality of missed or mishandled treatment can amplify feelings of vulnerability and betrayal.
  • Decline in Quality of Life: Malpractice-induced consequences can dramatically alter a patient’s lifestyle, leading to a significant decline in their overall quality of life. This might include a complete dependency on caregivers, the inability to partake in previously enjoyed activities, or the requirement for ongoing specialized care.
  • Financial Strains: Survivors of stroke malpractice and their families often confront substantial financial challenges. The compounded costs of medical interventions, rehabilitation, and long-term care can be exorbitant. When one adds the implications of malpractice to the mix, these financial pressures can become unmanageable, adding an economic strain to an already emotionally taxing ordeal.

It is clear that the repercussions of stroke malpractice underscore the vital importance of healthcare providers ensuring accurate and timely interventions, as well as the broader medical community’s role in continuously improving stroke care standards.

Legal Recourse for Stroke Malpractice in Florida

For those unfortunate enough to be victims of stroke malpractice in Florida, the legal system provides mechanisms to seek redress for their grievances. Medical malpractice law in Florida encompasses not only generic medical negligence but also specific instances like stroke malpractice. A successful claim in this regard typically hinges on several pivotal components:

  • Duty of Care: It’s imperative to show that there was an existing duty of care between the healthcare provider and the patient. In relation to strokes, this duty would involve an expectation of proper diagnosis, timely and appropriate treatment, as well as subsequent post-stroke care.
  • Breach of Standard of Care: The plaintiff must demonstrate that the healthcare provider didn’t adhere to the expected standard of care typically upheld by their peers in the medical fraternity. Such deviations can span from diagnostic inaccuracies to treatment mishaps or inadequate aftercare.
  • Causation: For the claim to hold weight, it’s essential to delineate a direct correlation between the deviation from standard care and the harm inflicted on the patient. The legal challenge often revolves around conclusively tying the medical oversight to the ensuing injuries or damages.
  • Damages: The aftermath of the negligence should have led to discernible damages. These could range from accrued medical bills, loss of earnings, physical and emotional anguish, to other related economic and non-economic losses.

Should an individual in Florida suspect they’ve been subjected to stroke malpractice, the following structured approach is advisable:

  1. Consult an Attorney: It’s paramount to enlist the expertise of a seasoned medical malpractice lawyer. Opt for someone who has a proven track record in handling stroke malpractice suits within Florida, given the unique intricacies of the state’s legal terrain.
  2. Collect Medical Records: Diligently gather all relevant medical records, encompassing diagnostics, treatment protocols, and any aftercare instructions or interventions. This documentation forms the backbone of the legal argument.
  3. Secure Expert Opinion: An unbiased medical evaluation by an expert in the field can be instrumental. Their assessment can provide pivotal insights into whether the care provided was subpar and if it directly led to the unfortunate outcome.
  4. File a Lawsuit: With a robust case built on evidence and expert insights, your attorney can formally file a lawsuit against the implicated medical provider or institution. This legal document will lay out the malpractice allegations and enumerate the damages sought.
  5. Negotiation or Trial: Depending on various factors, including the strength of evidence and the involved parties’ stance, the subsequent course could involve negotiations, mediation sessions, or a full-fledged trial. Throughout this journey, your attorney’s role is to tenaciously champion your rights and ensure you receive the justice and compensation you rightfully deserve.

Seeking Legal Help

Stroke malpractice is a grave issue with profound consequences for patients and their families. When healthcare professionals fail to meet the standard of care in diagnosing or treating strokes, those affected have the right to seek legal redress and compensation for their damages. The legal landscape for addressing stroke malpractice in Florida is unique, and understanding the intricacies of this system is vital for both potential plaintiffs and healthcare professionals alike.

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