Delayed Diagnosis and Treatment of Stroke

Delayed Diagnosis and Treatment of Stroke: A Critical Medical Malpractice Issue

A stroke is a medical emergency that occurs when blood flow to the brain is interrupted or reduced, depriving brain tissue of oxygen and nutrients. This can happen due to a blocked artery (ischemic stroke) or a leaking or bursting blood vessel (hemorrhagic stroke). Without prompt treatment, brain cells begin to die within minutes, leading to potentially devastating consequences. The long-term effects of a stroke can include paralysis, speech and language difficulties, memory loss, emotional changes, and a decreased ability to perform daily activities. Given these severe outcomes, timely diagnosis and treatment are critical to reducing the risk of permanent disability or death. At Lupetin & Unatin, we have handled cases in which the delayed diagnosis and treatment of stroke due to medical negligence or malpractice have had devastating consequences for patients and their families. We are dedicated to helping such victims get answers, justice, and compensation.

Types of Stroke

There are three main types of strokes, each with different causes and treatment approaches:

• Ischemic Stroke: This is the most common type of stroke, accounting for approximately 87% of all strokes. It occurs when a blood clot or other obstruction blocks blood flow to the brain. The two main causes of ischemic stroke are thrombotic strokes, which result from a clot forming in one of the brain’s arteries, and embolic strokes, which occur when a clot or debris forms elsewhere in the body and travels to the brain. The primary treatment for ischemic strokes includes administering clot-busting drugs like tissue plasminogen activator (tPA) within a critical window to restore blood flow.
• Hemorrhagic Stroke: This type of stroke occurs when a weakened blood vessel in the brain bursts, leading to bleeding in or around the brain. Common causes include high blood pressure, aneurysms, and arteriovenous malformations (AVMs). Hemorrhagic strokes are further divided into intracerebral hemorrhage, where bleeding occurs directly into the brain tissue, and subarachnoid hemorrhage, which involves bleeding into the space between the brain and the thin tissues covering it. Unlike ischemic strokes, hemorrhagic strokes are treated by controlling the bleeding, reducing pressure in the brain, and in some cases, performing surgery to repair the damaged blood vessel.
• Transient Ischemic Attack (TIA): Often called a “mini-stroke,” a TIA is a temporary blockage of blood flow to the brain that resolves without causing permanent damage. While symptoms typically last only a few minutes to hours, a TIA is a major warning sign for a future stroke and should not be ignored. Immediate medical evaluation and preventive treatment can significantly reduce the risk of a more serious stroke occurring later.

How Common is Stroke?

Stroke is a major health concern in the United States. According to the Centers for Disease Control and Prevention (CDC), someone in the U.S. has a stroke every 40 seconds, and every four minutes, someone dies from a stroke. Approximately 795,000 people suffer a stroke annually, with about 610,000 being first-time strokes. It is also one of the leading causes of serious long-term disability in adults.

Risk Factors for Stroke

Certain factors increase a person’s risk of suffering a stroke. These include:

• Medical conditions: High blood pressure, diabetes, high cholesterol, heart disease, atrial fibrillation, and prior strokes or transient ischemic attacks (TIAs).
• Lifestyle factors: Smoking, excessive alcohol consumption, obesity, lack of physical activity, and a poor diet.
• Demographics: Older adults, African Americans, and individuals with a family history of stroke are at higher risk.
• Sex: Women have a higher lifetime risk of stroke than men, partly due to factors such as pregnancy, hormonal birth control, and postmenopausal hormone therapy.

Recognizing the Warning Signs of Stroke

Prompt recognition of stroke symptoms is crucial. The acronym BE FAST helps identify common warning signs:

• Balance: Sudden loss of balance or coordination
• Eyes: Blurred vision or sudden vision loss
• Face: Drooping on one side of the face
• Arms: Weakness or numbness in one arm
• Speech: Slurred or difficulty speaking
• Time: If any of these symptoms appear, call 911 immediately

A stroke is diagnosed through a combination of a physical exam, medical history, and imaging tests, such as a CT scan or MRI. Blood tests, carotid ultrasounds, and echocardiograms may also be used to determine the cause and extent of the stroke.

The Devastating Impact of Delayed Stroke Diagnosis

A delay in diagnosing and treating a stroke can result in significantly worse outcomes. The longer a stroke goes untreated, the greater the damage to brain tissue, increasing the risk of severe disability or death. Early intervention, such as administering clot-busting drugs like tPA (tissue plasminogen activator) within a few hours of an ischemic stroke, can dramatically improve survival rates and reduce long-term impairments. If treatment is delayed, a patient may face permanent paralysis, cognitive impairment, difficulty swallowing, or even death.

Scenarios in Which Patients May Suffer or Develop a Stroke

A stroke occurs when blood flow to part of the brain is interrupted, depriving brain tissue of oxygen and nutrients. Recognizing situations in which individuals commonly suffer strokes can enhance vigilance and expedite diagnosis:

Ischemic Stroke Scenarios:

• Atrial Fibrillation (AFib): Patients with irregular heart rhythms are at increased risk for clot formation, leading to strokes.
• Carotid Artery Disease: Blockage or narrowing of carotid arteries due to plaque buildup.
• Carotid Artery Dissection: Tears in the carotid artery lining can cause clots that lead to strokes, often resulting from trauma, neck manipulation, or spontaneous occurrence.
• Heart Disease: Conditions such as congestive heart failure or valve disorders increase stroke risk due to potential blood clots.
• Hypercoagulable Conditions: Blood disorders or genetic conditions (e.g., Factor V Leiden mutation) causing abnormal clotting.
• Recent Surgical Procedures: Postoperative patients, especially following cardiac or vascular surgery, are at risk.
• Patent Foramen Ovale (PFO): An opening between the heart chambers allowing blood clots to bypass the lungs and reach the brain.
• Peripheral Artery Disease (PAD): Blockages in peripheral vessels can indicate widespread vascular disease, raising stroke risk.
• Infective Endocarditis: Infection of heart valves can result in clots breaking loose and traveling to the brain.

Hemorrhagic Stroke Scenarios:

• Hypertension (High Blood Pressure): Chronic, uncontrolled hypertension can weaken arterial walls, leading to ruptures.
• Brain Aneurysms: Ruptured aneurysms cause sudden bleeding within or around the brain.
• Traumatic Brain Injury (TBI): Severe head trauma can result in brain hemorrhage.
• Blood Vessel Malformations: Conditions such as arteriovenous malformations (AVMs) pose a heightened risk for hemorrhagic strokes.
• Use of Anticoagulants: Blood-thinning medications can predispose patients to brain hemorrhages, especially following trauma or surgery.
• Amyloid Angiopathy: Deposition of amyloid protein in vessel walls can weaken them, increasing the risk of cerebral hemorrhage, particularly in elderly patients.

Transient Ischemic Attacks (TIAs):

• TIAs, or mini-strokes, involve temporary interruptions in blood supply and can indicate impending strokes if not properly managed.

Common Scenarios in Which Stroke Diagnosis May Be Delayed

Timely diagnosis is essential for effective stroke treatment. Delays can severely impact patient outcomes and may occur in several common scenarios:

• Misinterpretation of Stroke Symptoms: Medical providers may incorrectly attribute classic stroke symptoms—such as sudden weakness, difficulty speaking, or severe headaches—to less severe conditions like migraines, vertigo, or generalized anxiety.
• Emergency Room (ER) Delays: Overcrowded emergency departments or inadequate triage practices can lead to prolonged wait times, delaying critical diagnostic tests and interventions.
• Delayed Imaging or Diagnostic Testing: Delays in ordering or performing CT or MRI scans may postpone the identification of ischemic or hemorrhagic strokes, limiting timely treatment options such as thrombolytics.
• Ineffective Hospital Protocols: Hospitals lacking clear stroke response protocols or failing to adhere to established guidelines for stroke management often experience diagnostic and treatment delays.
• Communication Failures: Breakdowns in communication among healthcare providers or between different hospital departments (e.g., emergency, radiology, neurology) can significantly delay stroke diagnosis and treatment.
• Misdiagnosis or Delayed Referral by Primary Care Providers: Primary care providers might underestimate the urgency of patient symptoms, delaying timely referrals to emergency departments or stroke specialists.
• Inadequate Stroke Awareness Among Patients: Patients unfamiliar with stroke symptoms may delay seeking emergency care, substantially reducing the window of opportunity for effective treatment.
• Delayed Treatment of TIAs: Healthcare providers sometimes fail to recognize TIAs as warning signs of a potential major stroke, neglecting crucial preventive interventions.

Recognizing these scenarios can aid both patients and healthcare providers in minimizing delays and improving stroke outcomes.

When is Delayed Diagnosis of Stroke Considered Medical Malpractice?

Not every delay in stroke diagnosis is due to negligence, but when a medical professional fails to recognize clear symptoms, order necessary tests, or act swiftly, it may constitute malpractice. Examples include:

• Emergency room misdiagnosis: A patient arrives at the ER with classic stroke symptoms, but the physician incorrectly attributes them to migraines, intoxication, or another condition, leading to a critical loss of treatment time.
• Failure to order imaging tests: A doctor neglects to perform a CT scan or MRI, which are essential in confirming a stroke diagnosis. Without these tests, the patient may be discharged without proper treatment.
• Misinterpretation of test results: A radiologist fails to detect signs of stroke on a scan, preventing timely treatment. This may happen if the imaging is reviewed too quickly or by an inexperienced professional.
• Delays in administering tPA: A hospital fails to give a stroke patient tPA within the critical treatment window, worsening their condition. This could be due to prolonged triage times, lack of physician availability, or failure to recognize eligibility for the drug.

What to Do if You Suspect Medical Negligence in Stroke Diagnosis

If you or a loved one has suffered severe harm due to a delay in stroke diagnosis, it is essential to seek legal advice. We recommend that you contact a medical malpractice attorney in your area; most operate on the contingent fee basis, which means you only pay if your attorney is able to recover monetary compensation for you. Don’t delay – in Pennsylvania, there is a two year statute of limitations on medical malpractice cases.

Notable Lawsuits Involving Delayed Stroke Diagnosis

Delayed diagnosis and treatment of strokes can lead to severe consequences, including permanent disability or death. Several notable legal cases highlight the repercussions of such medical oversights:

New Jersey: In 2017, a 48-year-old woman suffered a stroke while driving and pulled over on Route 78. A state trooper misinterpreted her symptoms—vomiting, slurred speech, and loss of motor control—as signs of intoxication. She was arrested and denied medical care for over two hours, resulting in significant brain damage and permanent disability. In 2025, a jury awarded her nearly $13 million in damages.

New York: A 23-year-old woman experienced a stroke due to a blood clot in her brain. Medical professionals failed to diagnose and treat her condition promptly, leading to a 16-to-20-hour delay. This negligence resulted in permanent injuries. The case was settled for $2.875 million.

Massachusetts: A patient exhibiting symptoms of an evolving stroke was not properly diagnosed or treated in a timely manner. The delay led to severe neurological injuries. Through mediation, the case was settled for $2.9 million.

Pennsylvania: A man suffered a stroke after his doctors failed to diagnose a condition that led to the event. The delayed diagnosis resulted in significant harm, and a Montgomery County jury awarded him $1.5 million in a medical malpractice case.

New York: A patient suffered an ischemic stroke and was denied timely administration of tissue plasminogen activator (tPA), a crucial treatment for such strokes. The delay caused permanent brain damage. A medical malpractice lawsuit resulted in a settlement exceeding $7 million.

These cases underscore the devastating impact that delayed stroke diagnosis and treatment can have on individuals and their families. They also highlight the legal recourse available to those who have suffered due to medical negligence.

How Lupetin & Unatin Can Help You

At Lupetin & Unatin, we understand the devastating consequences of delayed diagnosis and treatment of stroke. Our experienced Pittsburgh medical malpractice attorneys are committed to holding negligent medical providers accountable. If you or a loved one has suffered due to a misdiagnosed or delayed stroke treatment, we encourage you to contact us for a free consultation. We will review your case, consult medical experts, and fight to secure the compensation you deserve.

If you suspect medical malpractice played a role in a delayed stroke diagnosis, don’t wait. Call Lupetin & Unatin at (412) 281-4100 or send us an email to schedule a free case evaluation.