Stroke compensation claims

A stroke can be a devastating event, often leaving patients with lifelong disabilities. Unacceptable delays in the diagnosis and treatment of strokes, stroke misdiagnosis and clinical negligence in the care provided to a stroke patient can lead to further, avoidable brain damage. The specialist team of solicitors at Penningtons Manches Cooper has wide-ranging experience in assisting clients in stroke negligence compensation claims for injury resulting from these scenarios.

Stroke misdiagnosis and negligence claims

The term ‘stroke’ encompasses a variety of more specific diagnoses but in broad terms it applies when the blood supply to part of the brain is stopped. Generally, strokes can be divided into two categories, ischaemic and haemorrhagic. An ischaemic stroke is caused by a blood clot stopping the blood supply to the brain while a haemorrhagic stroke occurs when a blood vessel supplying the brain bursts. An ischaemic stroke needs treatment to break down the blood clot (by thrombolysis or intervention) to restore blood flow and in a haemorrhagic stroke the focus is on stopping the bleeding and consequent damage.

Another common type of stroke is a transient ischaemic attack (TIA), often referred to as a ‘mini stroke’. This happens when the blood supply to the brain is briefly interrupted. Although the effects are likely to be less serious than a stroke, a TIA should still be taken very seriously and thoroughly investigated as it could be a precursor to a more serious stroke.

Timing of treatment is often key. Regardless of the cause or type of stroke, essentially damage is caused by the interruption of blood supply to parts of the brain – and the longer that continues, the more damage will be caused. Early warnng signs associated with a stroke include slurred speech, facial weakness and numbness in one arm.

Usually diagnosis is via blood tests and imaging – it is important that the type of stroke and area of the brain affected are identified (usually by CT scanning) in order for the best treatment to be provided and to avoid cases of stroke misdiagnosis.

Our medical negligence lawyers are experienced in acting for patients who have suffered a stroke as a result of poor anticoagulation or other medication management as well as in compensation claims involving a failure to warn of the risks of a stroke and poor follow up after initial warnng signs or TIAs. We also specialise in cases involving incorrect treatment after a head injury and negligent surgical management where the stroke itself would have been avoided with appropriate care.

They were extremely helpful, professional, descriptive and understanding during our claim. I couldn’t have been happier with the level of expertise shown.

A further area of focus involves cases where clinicians have failed to identify the symptoms of a stroke or where there have been unacceptable delays in arranging investigations or treatment. In such situations, we have assisted our clients in bringing misdiagnosis compensation claims for the additional injury caused by the delay in providing prompt or appropriate treatment.

It is not always easy to tell whether a stroke could have been prevented or whether it was correctly treated. If you are worried about the treatment you have received before or after a stroke, our lawyers would be happy to have an initial no obligation, free of charge discussion with you about your concern. We offer various types of funding for stroke misdiagnosis and negligence claims, including legal aid and no win no fee (conditional fee) agreements.

How we help our clients

Cases involving delayed diagnosis of posterior reversible encephalopathy syndrome (PRES)

Stroke claims arising from the incorrect placement of a central venous line

Failures to properly monitor travel of embolic pattern during neuroradiology procedures

Misattribution of stroke symptoms to alcohol intoxication

Lack of appropriate risk assessment and care for elderly patients following stroke

Failures to diagnose infective endocarditis resulting in blood clot and stroke

Cases concernng negligent monitoring and management of patient’s anticoagulation/INR levels

Failures to appropriately advise and manage patients after transient ischemic attacks (TIA)

Mismanagement of atrial fibrillation resulting in blood clots and stroke

Useful resources

Making a medical negligence claim

Funding a medical negligence claim

They have genuine strength in depth and are really down to earth, committed, and true specialists in their field.

The team were extremely professional and competent and I always felt that my case was in very good hands. Above this, however, I appreciated their kind and sympathetic manner through the process.

First class: professional, friendly, sensitive and ultimately successful! Thank you so much.

I felt that my solicitor was really fighting for what she thought I deserved. She was a great match. Her advice was important to me.

Everyone at Penningtons has always treated me with respect and compassion and done their best to help with my situation. I feel the whole team really have my best interests at heart.

Recent work highlights

Stroke resulting from Legionnaire’s disease

Obtaining a substantial settlement for our client only three weeks before the case was due to go to trial, despite a blanket denial that the infection caused by Legionnaire’s disease, contracted during cancer treatment, was the trigger for the stroke.

Claim for stroke following salon hair wash

Successfully settling a claim for £90,000 for a client who suffered a stroke after having his hair washed at a salon using a back wash shampoo basin. The case was resolved without the need for court proceedings.

Head injury due to hospital fall

Settling a claim against St George’s University Hospitals NHS Foundation Trust in south west London for a woman who suffered a fall from her bed while she was recovering from brain surgery for a stroke.

Patient’s fall after unrecognised stroke

Securing compensation for an elderly patient after nursing staff failed to identify that she had suffered a stroke and left her to mobilise independently. She fell, suffering significant further injuries, and required residential care for the rest of her life.

Failure to act on signs of stroke

Recovering damages for a client left disabled after a major stroke at home. He had attended hospital earlier that day but was discharged. Had he been treated for the onset of stroke, he would have avoided most of his disability.

Case studies

Our client had been admitted to Guy’s Hospital with complications following treatment for throat cancer. During his stay in hospital, he contracted Legionnaire’s Disease due to contamination on one of the wash basins.

Our client presented to A&E with what was described as a ‘worst ever’ headache. After being assessed, she was discharged with painkillers. Her condition deteriorated over the next couple of days and an ambulance was called.

Acting upon personal recommendation from a leading medical negligence barrister, our client instructed us to investigate a claim relating to the death of her husband after he suffered a head injury at home.

We have successfully settled a claim for our client who suffered a devastating haemorrhagic stroke due to delayed diagnosis and treatment of high blood pressure.

We settled a claim on behalf of the estate of an elderly lady who suffered a stroke after her anticoagulant treatment was not recommenced following surgery.