A stroke happens when blood flow to the brain is cut off or blocked. Without oxygen, brain cells begin to die within minutes. Swift diagnosis and treatment can mean the difference between a full recovery and permanent disability—or even death.
Unfortunately, doctors miss or misdiagnose strokes more often than most people realize. When that happens, patients lose precious time and may suffer far worse outcomes than they would have with proper care. But does a missed stroke automatically give you grounds for a medical malpractice claim in New York?
How Often Do Doctors Miss Strokes?
Strokes are one of the most common medical emergencies in the United States. The Centers for Disease Control and Prevention estimates that roughly 795,000 people experience a stroke each year. Despite how frequently they occur, strokes can be surprisingly difficult to diagnose in certain situations.
Research published in Neurology Today found that emergency rooms may initially misdiagnose as many as one in ten stroke patients. The risk of a missed diagnosis tends to increase when symptoms are mild or when the patient does not fit the typical profile. Studies have also shown that certain groups face a higher chance of misdiagnosis:
- Women are more likely to receive a misdiagnosis than men.
- Younger patients are more likely to be misdiagnosed than older patients.
- People of color face a higher rate of misdiagnosis than white patients.
- Patients treated at low-volume hospitals may face a greater risk.
Patients who arrive at the emergency room with headaches and dizziness as their primary symptoms are also more likely to have a stroke overlooked entirely.
When a Missed Diagnosis Becomes Malpractice
A poor outcome after a stroke does not automatically mean malpractice occurred. Medicine is complex, and not every missed diagnosis is the result of negligence. To have a valid medical malpractice claim in New York, you generally need to show that the treating physician failed to meet the accepted standard of care—and, crucially, that this failure directly led to additional harm.
The standard of care refers to what a reasonably competent doctor in the same specialty would have done under similar circumstances. If another qualified emergency room physician would have recognized the signs of a stroke and ordered the right tests—but your doctor did not—that gap may point to negligence.
There are many ways a medical professional might fall short of this standard when a patient presents with stroke symptoms:
- Dismissing symptoms based on the patient’s age or general health
- Failing to consider the patient’s medical history, including risk factors like high blood pressure or diabetes
- Not ordering appropriate diagnostic tests, such as a CT scan or MRI
- Misreading or misinterpreting test results
- Sending a patient home too early without adequate follow-up
- Confusing stroke symptoms with another condition, like a migraine or an inner ear problem
Any of these failures can cost a patient critical treatment time. With strokes, every minute matters. Delayed treatment can lead to severe and lasting consequences, including loss of speech, paralysis, memory loss, behavioral changes, and death.
What You Need to Prove Your Claim
Medical malpractice cases involving a missed stroke can be difficult to prove on your own. Hospitals and their insurers will often argue that the outcome was unavoidable or that the doctor acted reasonably given the information available at the time.
Building a strong case typically requires a thorough review of your medical records and expert testimony from qualified medical professionals. These experts can speak to what the standard of care should have been and explain how the treating physician’s actions fell short.
New York law requires you to file a medical malpractice claim within two and a half years of the date of the alleged negligence. Missing this deadline can prevent you from seeking compensation altogether, so it is important to act promptly.
Taking the Next Step
If you or a loved one suffered serious harm because a doctor failed to diagnose a stroke in time, you may have a valid malpractice claim. The team at Carden Dotzler Hammond, PLLC, can explain your legal options. Contact CDH Law PLLC today for a free consultation to discuss your situation.