Missed stroke negligence claims: misdiagnosis and delayed treatment
Medical Negligence Consultants is a claims management company regulated by the Financial Conduct Authority (FCA). We offer a free, confidential assessment if you think a stroke or mini-stroke (TIA) was missed or treated late in England or Wales. If your enquiry is suitable, we refer it to the specialist solicitor on our panel who best suits your needs.
Request a call-back or call 0800 612 4970.
Emergency warning: If someone may be having a stroke, call 999 immediately, even if the symptoms improve. Do not wait for a claims assessment.
Can I claim if a stroke was missed or misdiagnosed?
You may be able to claim if healthcare staff failed to recognise a stroke or TIA, failed to arrange timely brain imaging or specialist assessment, or delayed treatment, and that failure caused harm that prompt treatment would probably have avoided. Some stroke treatments only work in a limited window, so timing matters. A solicitor decides whether a claim has reasonable prospects.
What is a stroke, and why does speed matter?
A stroke happens when the blood supply to part of the brain is cut off or a blood vessel bleeds. Clot-busting treatment (thrombolysis) and clot removal (thrombectomy) can reduce disability for some patients with an ischaemic stroke, but only if given in time and to the right patients. Read NHS stroke information and NICE stroke guideline NG128.
The FAST signs are Face drooping, Arm weakness, Speech difficulty and Time to call 999. Some strokes present with other symptoms.
How stroke negligence can happen
- Symptoms put down to something else. A stroke is diagnosed as a migraine, vertigo, an inner ear problem, intoxication, anxiety, a seizure or Bell’s palsy.
- Posterior circulation strokes missed. Dizziness, balance problems and double vision can be harder to recognise than FAST symptoms.
- Delay in brain imaging. A CT or MRI scan is not arranged promptly when indicated.
- Delay in referral to a stroke team. Suspected stroke patients are not moved quickly to a specialist unit.
- Treatment window missed. A patient who could have had thrombolysis or thrombectomy is not assessed in time.
- TIA not followed up. A mini-stroke is not referred for specialist assessment. NICE recommends specialist assessment within 24 hours of onset for suspected TIA.
- Haemorrhagic stroke not treated. Bleeding in the brain is not recognised, or blood pressure and anticoagulation are not managed appropriately.
- Stroke in hospital. Signs of a stroke in an inpatient or after surgery are not acted on.
These are possible concerns, not findings of negligence in any particular case.
What does a missed stroke claim have to prove?
- Breach of duty. The care fell below the standard of a reasonably competent clinician.
- Causation. A solicitor has to show that, with proper care, your outcome would probably have been better. For example, medical experts may consider whether you would have been eligible for treatment that would have reduced disability. Timing and eligibility are central.
What can compensation cover?
- Pain, suffering and loss of independence
- Loss of earnings and future earning capacity
- Cost of rehabilitation, therapy, care, equipment and home adaptations
- Other reasonable out-of-pocket costs
We cannot promise a result or an amount.
How long do I have to claim?
In England and Wales the usual time limit is three years from the date of the negligence, or from when you first knew it had caused harm. For children, the three years generally start on their 18th birthday. Different rules can apply where someone lacks mental capacity. If a loved one died, separate rules apply. Do not delay.
What information helps?
You do not need documents to start. It helps if you can tell us:
- When your symptoms started, and when you first asked for help
- Who you saw (999, GP, 111, A&E or a ward team) and what you were told
- Whether you had a scan, and when
- Whether you were offered stroke treatment, and when
- What difficulties you have now
Your solicitor will request your medical records.
How Medical Negligence Consultants helps
- Tell us what happened. Request a call-back or call 0800 612 4970.
- We assess your enquiry. This is free and confidential.
- Referral to the right solicitor. We have a panel of specialist medical negligence solicitors. If your enquiry is suitable, we refer it to the one who best suits your needs. That solicitor advises you and manages the claim.
Medical Negligence Consultants is not a law firm.
Missed stroke claims: common questions
Can I claim if my stroke was diagnosed as a migraine or vertigo?
Possibly. If your symptoms should have prompted a stroke assessment and the misdiagnosis delayed treatment that would have helped, you may have a claim. A solicitor and independent medical experts will review your records.
Does a delay in treatment automatically mean negligence?
No. A delay must be below the standard of reasonable care and must have made your outcome worse. Some people would not have been eligible for treatment even with a timely diagnosis.
Can I claim for a missed TIA (mini-stroke)?
Yes, if a TIA was not recognised or not referred for timely specialist assessment, and a later stroke followed that proper care would probably have prevented.
Can I claim for a stroke that happened in hospital?
Possibly. If signs were missed or treatment was delayed after a stroke began on a ward, there may be grounds for a claim.
Does it cost anything to find out?
Our initial assessment is free and confidential. If we refer you to a solicitor, they will explain how any claim is funded.
General information only, not legal advice. Medical Negligence Consultants (Flybell Limited t/a Medical Negligence Consultants) is a claims management company authorised and regulated by the Financial Conduct Authority, FRN 836324.