Stroke Lawsuit Attorneys

In the medical field, strokes are an unfortunate yet relatively common occurrence. Defined as a sudden interruption in blood supply to the brain, a stroke can be debilitating to the individual and devastate their families, burdening them with lifelong caretaking and medical bills. In extreme circumstances, a stroke can cause death, potentially leaving families without a source of income and children uncared for. But this doesn’t have to be the case.

When a patient is experiencing an ischemic stroke caused by a blood clot, timely diagnosis and treatment can be critical. Eligible patients may be treated with clot-dissolving medications such as tissue plasminogen activator (tPA), also known as alteplase, or with tenecteplase (TNK). Whether thrombolytic treatment is appropriate depends on factors such as the type of stroke, when symptoms began, imaging results, the patient’s medical history, and other clinical considerations.

Unfortunately, delays in recognizing or diagnosing an ischemic stroke can prevent a patient from receiving time-sensitive treatment that might otherwise have been available. When a healthcare provider’s failure to timely diagnose or appropriately treat a stroke falls below the applicable standard of care and causes additional harm, it may give rise to a medical malpractice claim.

An experienced medical malpractice attorney can investigate the circumstances surrounding a delayed or missed stroke diagnosis, review the medical records, and determine whether there may be grounds for a claim.

At Di Pietro Partners, our medical malpractice team works alongside Dr. Tiffany Di Pietro, a quadruple board-certified physician with certifications in Internal Medicine, Cardiology, Nuclear Cardiology, and Echocardiography. Her medical background provides valuable insight when reviewing complex stroke malpractice claims involving cardiovascular risk factors, diagnostic testing, imaging, and treatment decisions.

Stroke Malpractice: Key Takeaways

• Stroke malpractice claims may involve a missed diagnosis, delayed diagnosis, treatment delay, or failure to transfer a patient for appropriate stroke care.
• Ischemic and hemorrhagic strokes require different treatment approaches, making timely diagnosis and brain imaging critical.
• Some ischemic stroke patients may be candidates for clot-dissolving medication or mechanical thrombectomy, depending on the circumstances.
• A poor outcome after a stroke does not automatically mean malpractice occurred. A claim generally requires evidence that the healthcare provider failed to meet the applicable standard of care and caused additional harm.
• The medical malpractice attorneys at Di Pietro Partners represent stroke malpractice victims throughout Florida and work alongside a board-certified physician when evaluating medical malpractice claims.
  

Defining a Stroke

As mentioned previously, a stroke occurs when blood flow to part of the brain is blocked or when a blood vessel in the brain ruptures. When this happens, it causes brain cells to die due to oxygen starvation from the lack of fresh blood flow. If this happens for a long enough time period, it can cause entire sections of a brain to die, causing permanent disability and even possibly death. There are two main ways in which a stroke can occur:

Ischemic – This is when there is a blockage in an artery (also known as a clot), which prevents blood flow to a part or parts of the brain.

Hemorrhagic – This is when there is a rupture in a blood vessel, causing pressure to build up in the brain cavity.

Strokes in Young People

Something that should be noted is that while strokes are commonly associated with older individuals, they can and do occur in younger people. This is something that can be overlooked by healthcare professionals, resulting in them being slow to recognize the signs and symptoms of a stroke. This oversight can cause a lifetime of unnecessary disability, discomfort and even death.

Causes of a Stroke

While a stroke can happen at any age, younger adults can experience strokes for a variety of reasons. One important cause is cervical artery dissection, which involves a tear in either a carotid or vertebral artery in the neck. Cervical artery dissection is a recognized cause of ischemic stroke in younger adults, but it is not the only potential cause.

A vertebral artery dissection occurs when a tear develops within the wall of a vertebral artery. This can allow blood to collect within the artery wall or contribute to formation of a blood clot, potentially narrowing or blocking blood flow or allowing a clot to travel to the brain and cause an ischemic stroke.

Vertebral artery dissections may occur spontaneously or may be associated with neck trauma or sudden neck movement. Activities and events that have been associated with cervical artery dissection include:

• Tilting the head back or placing the neck in unusual positions
• Cervical chiropractic manipulation
• Violent coughing or sneezing
• Heavy lifting or strenuous exercise
• Sports or other activities involving trauma or sudden movement of the neck

Stroke Causes

While a stroke can happen at any age, there is usually a specific cause when it happens to healthy young individuals. Strokes of this kind are usually caused by a vertebral artery dissection, or VAD. This can be painless and go unnoticed, further delaying the diagnosis and response.

Vertebral artery dissection is a flap-like tear of the inner lining of the vertebral artery. There are two of these arteries located in the neck, which act as the main source of blood to the brain. When this tear in the artery occurs, blood starts accumulating and eventually clotting in the immediate area. This can cause a stroke when a piece of the clot breaks off and travels through the artery, causing a blockage in an area of the brain. This blockage inhibits blood flow to the brain, which causes brain cells to die due to oxygen starvation. Below are some common activities that can cause VADs:

Tilting head back or at odd angles for extended periods of time

• Chiropractic manipulation
• Violent coughing, sneezing or laughing
• Working out
• Any type of sport or activity that can induce trauma to the neck

Symptoms of a Stroke

Because stroke treatment is highly time-sensitive, it is important to recognize the symptoms of a stroke as quickly as possible. Timely recognition and emergency treatment can reduce brain damage and improve the chances of recovery. The most common symptoms of a stroke are:

• The sudden occurrence of abnormal weakness, heaviness or numbness on either one side or both sides of the body. This may include the face, arm, or leg, 
• Sudden confusion, trouble speaking, or difficulty understanding speech.
• Sudden vision changes, including blurred or double vision or loss of vision in one or both eyes.
• The sudden occurrence of facial drooping, slurred speech, or uncontrollable drooling
• Sudden trouble walking, dizziness, loss of balance, or loss of coordination.
• Unexplained sudden severe headaches with no known cause.

How are Strokes Diagnosed in Hospital

If the patient is showing symptoms as listed previously, the hospital will typically perform urgent brain imaging, often beginning with a non-contrast CT scan. One of the primary purposes of this scan is to determine whether there is bleeding in or around the brain, which can indicate a hemorrhagic stroke.

If no intracranial bleeding is seen, healthcare providers will consider the patient’s symptoms, examination, timing of symptom onset, medical history, and other clinical factors to determine whether an ischemic stroke is likely and whether the patient may be eligible for clot-dissolving treatment such as alteplase (tPA) or tenecteplase (TNK). In some patients, additional imaging such as CT angiography, CT perfusion, or MRI may also be used to identify a blocked blood vessel or determine whether other treatments, including mechanical thrombectomy, may be appropriate.

If bleeding is identified, thrombolytic medications used for ischemic stroke are generally not appropriate, and treatment instead focuses on managing the hemorrhagic stroke based on its cause, location, severity, and the patient’s condition.

Treatment of Strokes

Strokes are treated differently depending on which type they are. The majority of strokes are caused by blood clots and are therefore the ischemic type. About 87% of strokes are ischemic strokes. Eligible patients with acute ischemic stroke may be treated with intravenous clot-dissolving medications such as alteplase (tPA) or tenecteplase (TNK). These medications are generally used within 4.5 hours of symptom onset or the time the patient was last known to be well, although selected patients may qualify for treatment beyond that window based on advanced imaging and other clinical criteria.

Obviously, the sooner a patient exhibiting stroke symptoms receives appropriate treatment, the better their odds of a positive outcome. For patients who are eligible for intravenous thrombolysis, treatment should generally be given as quickly as possible because the benefit of restoring blood flow decreases as time passes. It is for this reason that expediency in the transport of a stroke patient to the hospital is so critical, as well as the correct and timely diagnosis of their condition.

In addition to intravenous thrombolysis, there are other treatment options for strokes caused by blood clots. One of these treatments is referred to as a mechanical thrombectomy, also known as endovascular thrombectomy. During this procedure, a specialist uses catheter-based devices to remove a clot from a blocked blood vessel in the brain. Mechanical thrombectomy is primarily used for certain large-vessel occlusions. In carefully selected patients, it may remain an option for up to 24 hours after symptom onset or the time the patient was last known to be well. Eligibility depends on factors including the location of the blockage, stroke severity, imaging findings, and the amount of brain tissue already affected.

Patients with hemorrhagic strokes require a different treatment approach because the problem is bleeding rather than a blocked artery. Treatment depends on the location and severity of the hemorrhage, the patient’s condition, and the underlying cause. It may involve blood-pressure management, reversal of blood-thinning medications, intensive neurological monitoring, or surgical or endovascular procedures in selected cases. Surgery involving removal of blood or relief of pressure may be appropriate for some patients, but it is not required in most hemorrhagic strokes.

Some patients may need transfer to a hospital with advanced stroke, neurosurgical, or endovascular capabilities when the treatment they require is not available at the initial facility. Whether a delay in transfer constitutes malpractice depends on the patient’s condition, the resources available, the applicable standard of care, and whether the delay caused additional harm.

Common Examples of Stroke Medical Malpractice

Potential examples of medical malpractice involving a stroke may include:

• Failing to recognize signs and symptoms of a stroke
• Misdiagnosing a stroke as another medical condition
• Failing to order appropriate diagnostic testing or imaging
• Unreasonable delays in obtaining or interpreting CT scans or other diagnostic studies
• Failing to timely evaluate an eligible patient for thrombolytic treatment
• Failing to identify a patient who may be a candidate for mechanical thrombectomy
• Medication or treatment errors during stroke care

Unreasonable delays in transferring a patient to a facility capable of providing necessary stroke, neurosurgical, or endovascular treatment

Misdiagnosis Statute of Limitations

Florida’s medical malpractice laws can be difficult to navigate and understand. The plaintiff generally has the burden of proving that a healthcare provider breached the applicable standard of care and that this breach caused the patient’s injury. Florida’s presuit process also generally requires a verified written opinion from a qualified medical expert supporting reasonable grounds for the claim.

“An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday…”

(Florida Statute § 95.11(5)(c))

In most cases, a Florida medical malpractice claim must be brought within two years from the time the incident occurred or from the time the injury was discovered, or reasonably should have been discovered. Florida also generally imposes a four-year statute of repose measured from the date of the medical malpractice incident.

If fraud, concealment, or intentional misrepresentation prevented discovery of the injury, Florida law may extend the filing period, subject to additional statutory limitations. Because these deadlines can depend heavily on the facts of the case, potential stroke malpractice claims should be evaluated as early as possible.

Because of this limited time window, it is absolutely critical that you hire an experienced medical malpractice attorney to investigate your case as soon as possible.

Why Hire Di Pietro Partners for a Stroke Malpractice Case?

In-House Medical Insight From a Quadruple Board-Certified Physician
Di Pietro Partners works alongside Dr. Tiffany Di Pietro, who is board certified in Internal Medicine, Cardiology, Nuclear Cardiology, and Echocardiography. Her medical background provides our attorneys with valuable insight when evaluating complex medical records, cardiovascular issues, diagnostic testing, and treatment decisions that may be relevant to a missed or delayed stroke diagnosis.

Extensive Healthcare Experience
Managing Partner David Di Pietro has extensive experience with healthcare-related legal matters and previously served as Chairman of Broward Health, one of Florida’s largest public healthcare systems. This experience gives our firm additional insight into hospitals, healthcare providers, and the systems in which complex medical malpractice claims arise.

Experienced Medical Malpractice Trial Attorneys
Stroke malpractice cases can involve hospitals, emergency room physicians, radiologists, neurologists, nurses, and other healthcare providers, as well as testimony from medical experts. Our attorneys have substantial litigation and courtroom experience and are prepared to pursue a case through trial when necessary.

No Fee Unless We Recover Compensation
Di Pietro Partners handles medical malpractice cases on a contingency fee basis. Clients pay no attorney’s fees unless we recover compensation on their behalf.

Speak With a Florida Medical Malpractice Attorney About a Missed or Delayed Stroke

A missed or delayed stroke diagnosis can have devastating consequences, especially when the delay prevents a patient from receiving time-sensitive treatment. Survivors may face permanent neurological injuries, rehabilitation, lost income, future medical care, and long-term changes to their independence and quality of life.

Di Pietro Partners represents patients and families throughout Florida, as well as out-of-state clients whose medical injury occurred within the State of Florida. Our team works alongside a board-certified physician when evaluating medical malpractice matters, helping us assess the medical records, diagnostic decisions, treatment timeline, and whether a delay in care may have caused additional harm.

If you or a loved one suffered serious injury because a stroke was missed, misdiagnosed, or treated too late, contact Di Pietro Partners for a free and confidential case evaluation. There are no attorney’s fees unless we recover compensation on your behalf.