Can You Sue for a Stroke Caused by Medical Negligence?

A stroke is a life-altering medical emergency that can result in permanent disability, loss of independence, or even death. 

For many families, it's a tragedy that arrives without warning, but in some cases, strokes are the result of preventable medical errors. If a healthcare provider fails to diagnose, treat, or manage a stroke or stroke risk factors properly, the consequences can be catastrophic.

At Morgan & Morgan, we believe that when a stroke is caused or made worse by medical negligence, victims deserve justice and compensation. 

If you believe a stroke was caused by negligence, contact us today for a free case evaluation to learn more about your legal options.

What Is a Stroke?

A stroke occurs when blood flow to part of the brain is interrupted or severely reduced, depriving brain tissue of oxygen and nutrients. There are two primary types:

• Ischemic Stroke: Caused by a blood clot or blocked artery (accounts for about 87% of strokes).
• Hemorrhagic Stroke: Caused by bleeding in or around the brain due to a ruptured vessel.

Another related event is a transient ischemic attack (TIA), sometimes called a “mini-stroke,” which temporarily blocks blood flow but doesn’t cause permanent damage. However, TIAs are often a warning sign of an impending major stroke and require urgent care.

Strokes are medical emergencies. Rapid diagnosis and treatment are critical. A delay of even a few minutes can result in irreversible brain damage. That’s why a healthcare provider’s failure to act swiftly and correctly can have devastating consequences and may qualify as malpractice.

When Is a Stroke Considered Medical Malpractice?

Not every stroke is preventable, and not every bad outcome is the result of negligence. 

However, if a doctor, nurse, or hospital fails to meet the accepted standard of care and that failure directly leads to or worsens a stroke, they may be held legally responsible.

Here are some common forms of stroke-related medical malpractice:

Failure to Diagnose a Stroke

Doctors may misinterpret symptoms, such as confusion, dizziness, weakness, or slurred speech, as signs of a less serious issue like intoxication, migraine, or vertigo. A missed or delayed diagnosis can mean a lost opportunity to administer life-saving treatment.

Delayed Treatment

For ischemic strokes, clot-busting medications like tPA (tissue plasminogen activator) must be given within a narrow window, generally within 3 to 4.5 hours from the onset of symptoms. Delays in triage, testing (like CT scans), or physician evaluation can render this treatment unusable.

Improper Monitoring of High-Risk Patients

Patients with high blood pressure, atrial fibrillation, diabetes, or a history of TIAs are at greater risk of stroke. If a healthcare provider fails to properly monitor or manage these conditions, they may be considered negligent.

Medication Errors

Prescribing the wrong medication or failing to prescribe necessary blood thinners to prevent clots can contribute to stroke risk. Likewise, giving contraindicated medications to someone at high risk can lead to stroke or bleeding.

Surgical or Anesthesia Errors

Some strokes occur after surgery, often due to oxygen deprivation or dislodged clots. If a surgical team fails to monitor for complications or doesn’t respond promptly to symptoms, they may be liable.

Strokes in Nursing Homes and Hospitals

Unfortunately, stroke-related negligence often occurs in long-term care facilities or hospitals. Elderly patients and those with mobility issues are especially vulnerable to stroke, and signs may be subtle. In some cases, strokes go unnoticed for hours.

Common negligent actions in care settings include:

• Failing to recognize stroke symptoms (e.g., facial droop, confusion, or weakness)
• Ignoring patient complaints or behavior changes
• Skipping neurological checks
• Delayed communication with doctors

Neglect in these environments can result in more severe brain damage or death. Families who suspect their loved one suffered a stroke due to inattention or neglect should seek legal counsel immediately.

Can You Sue for a Stroke Related to Childbirth?

Yes. In rare but tragic cases, newborns can suffer perinatal strokes due to complications during labor or delivery. These strokes can cause cerebral palsy, seizures, and lifelong disability. 

Medical errors that may lead to perinatal stroke include:

• Mismanagement of maternal infections
• Delayed cesarean section
• Improper use of delivery tools (forceps or vacuum)
• Failure to monitor fetal distress

If a doctor or hospital’s negligence caused your child’s stroke, you may have grounds for a birth injury lawsuit. These cases are complex but vital to secure long-term care for the child.

Proving Medical Negligence in Stroke Lawsuits

To win a stroke malpractice case, your legal team must prove four key elements:

1. Duty of Care

The healthcare provider had a legal responsibility to provide care (e.g., doctor-patient relationship existed.

2. Breach of Duty

The provider failed to meet the accepted standard of care, such as delaying diagnosis or ignoring symptoms.

3. Causation

The provider’s breach directly caused or worsened the stroke. This step often requires expert medical testimony.

4. Damages

You suffered measurable harm, such as brain damage, disability, medical bills, or emotional suffering, as a result.

At Morgan & Morgan, we have the resources to bring in top medical experts, conduct deep investigations, and build a strong case. We’re not afraid to take hospitals or insurance companies to trial.

What Compensation Can You Recover?

Stroke victims often face a long, difficult road to recovery, and that journey can be expensive. If your stroke was caused or worsened by negligence, you may be entitled to compensation for:

• Medical expenses: Past and future hospital stays, rehabilitation, medications, assistive devices
• Lost wages: If you’re unable to work due to stroke-related impairments
• Pain and suffering: Physical discomfort, emotional distress, and loss of quality of life
• Home modifications or long-term care: Such as wheelchair ramps or in-home nursing
• Loss of consortium: For family members affected by the stroke victim’s condition

In cases of gross negligence, you may also be awarded punitive damages designed to punish the wrongdoer and deter similar behavior.

What to Do if You Suspect Stroke-Related Malpractice

If you or a loved one experienced a stroke and believe it was misdiagnosed, mistreated, or worsened by medical care, take the following steps:

1. Request medical records as soon as possible.
2. Document everything, including dates, conversations, and any symptoms that were ignored.
3. Seek a second medical opinion if you’re unsure about the cause or timeline of events.
4. Contact a lawyer immediately—malpractice lawsuits are subject to strict deadlines (called statutes of limitations), which vary by state.

Morgan & Morgan can help you evaluate your case, free of charge. And if we take it on, we’ll fight for you every step of the way.

Why Choose Morgan & Morgan?

Medical malpractice lawsuits are some of the most complex cases in civil law. You need a firm with experience, resources, and a track record of results. At Morgan & Morgan, we have teams dedicated to medical malpractice, including former healthcare professionals and expert consultants. We’ve recovered billions of dollars for clients nationwide, and it costs nothing to start working with us. The Fee Is Free®, and you only pay out of a settlement or successful verdict if we win.

A stroke can change everything, but it doesn’t have to take away your right to justice. If a doctor, nurse, or facility failed to properly diagnose, treat, or prevent a stroke, let our experienced attorneys review your case. Contact us today for a free case evaluation to learn more.