Chicago Stroke Lawyer

Did a stroke misdiagnosis cause you to suffer permanent harm. The Chicago stroke lawyers at Ankin Law can help. Our medical malpractice attorneys have helped countless victims recover full compensation after the healthcare system failed them. 

  • Our experienced attorneys are available 24/7.
  • We will come to you if you are unable to travel.
  • We offer free consultations and contingency fee arrangements to prevent additional financial burdens from piling up.

Contact an experienced stroke lawyer at (312) 600-0000 to help with your medical malpractice claim today.

Types of Stroke

Strokes, a leading cause of disability and death globally, manifest in various forms, each affecting the brain differently. Ischemic strokes, the most prevalent type, occur due to blocked blood vessels in the brain, often from blood clots or plaque buildup. Conversely, hemorrhagic strokes result from ruptured blood vessels, leading to bleeding within or around the brain.

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in combined benefits for tradesman who fell from scaffold. 2022.
as co-counsel for a client who suffocated and died while cleaning her tracheotomy. 2016.
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Ischemic Stroke

Ischemic stroke occurs when a clot obstructs blood flow to the brain, causing brain tissue damage. It results in sudden neurological deficits like paralysis, speech impairment, or vision loss.

Hemorrhagic Stroke

Hemorrhagic stroke results from a burst blood vessel in the brain, leading to bleeding and pressure on brain tissue. It causes sudden neurological symptoms such as severe headache, paralysis, and confusion.

Additionally, transient ischemic attacks (TIAs), often termed “mini-strokes,” are temporary disruptions of blood flow to the brain, resulting in stroke-like symptoms that resolve within 24 hours without causing lasting damage.

Understanding the types of stroke is vital for accurate diagnosis and appropriate treatment, as interventions differ based on the stroke’s underlying cause and severity. Early recognition and prompt medical attention improve outcomes, highlighting the damage that can occur when a stroke is left undiagnosed.

Damages Available in a Stroke Misdiagnosis Case

In stroke misdiagnosis cases, victims may suffer physical, emotional, and financial harm due to delayed or incorrect medical treatment. Damages available in such cases encompass various aspects of the victim’s losses, aiming to compensate for their hardships.

Medical Expenses:

Victims may accumulate higher medical bills, including emergency care, hospitalization, diagnostic tests, medications, rehabilitation, and ongoing therapy when a stroke isn’t treated promptly. Compensation aims to cover past and future medical costs associated with the untreated stroke and its consequences.

Lost Income:

Many stroke survivors face temporary or permanent disability, impacting their ability to work and earn income. The longer a stroke is left undetected and untreated, the more severe these long term consequences will be. Compensation may include lost wages, benefits, and earning capacity both in the past and future due to reduced employability or inability to return to work.

Pain and Suffering:

Victims endure physical pain, emotional distress, and diminished quality of life due to the stroke and its aftermath. Damages aim to address the non-economic impact of the stroke, including pain, suffering, mental anguish, loss of enjoyment of life, and emotional trauma.

Disability and Impairment:

Stroke survivors often experience long-term disabilities and impairments, such as paralysis, cognitive deficits, speech impairments, and loss of motor function. These disabilities become more pronounced the longer a stroke victim goes without treatment. Compensation accounts for the permanent impact of these disabilities on the victim’s life, including the need for ongoing care, assistance, and accommodations.

Loss of Consortium:

Spouses or family members may suffer a loss of companionship, affection, support, and intimacy due to the victim’s stroke-related disabilities. Damages may address the strain on familial relationships and the emotional toll on loved ones.

Understanding the full extent of damages is crucial in stroke misdiagnosis cases to ensure victims receive total compensation for their losses and suffering. Seeking legal guidance from our experienced stroke lawyers can help victims accurately calculate the long-term costs of their condition and pursue maximum compensation for their damages.

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    How a Delayed Diagnosis Affects Stroke Patients

    A delayed diagnosis can intensify the consequences of a stroke, permanently altering the trajectory of a victim’s life. Delayed treatment can exacerbate the severity of the stroke, leading to more extensive brain damage and long-term disabilities. This is because time-sensitive treatments, like clot-busting drugs or thrombectomy, become less effective or even unavailable beyond certain time windows, limiting the patient’s recovery options. Additionally, delays prolong the period of heightened vulnerability to complications such as recurrent strokes, infections, and neurological deficits. 

    Delayed diagnosis may prolong rehabilitation periods and impede the patient’s ability to regain lost functions fully. Psychologically, the uncertainty and frustration resulting from a delayed diagnosis can increase anxiety, depression, and emotional distress for both the patient and his or her loved ones. Overall, timely diagnosis and treatment are crucial for optimizing outcomes and quality of life for stroke patients.

    Did you permanent damage caused by a delayed diagnosis? Call a stroke misdiagnosis lawyer with Ankin Law at (312) 600-0000 to evaluate your case today.

    How Are Strokes Misdiagnosed?

    Strokes can be misdiagnosed due to a variety of errors that occur in medical settings. One common reason is the similarity of stroke symptoms to those of other conditions, such as migraines, seizures, or inner ear disorders. These similarities can lead healthcare providers to misinterpret symptoms, resulting in a delayed or incorrect diagnosis. Moreover, strokes can manifest differently in different individuals, making them challenging to identify accurately.

    The urgency of stroke diagnosis requires rapid assessment and imaging, but delays or errors in ordering or interpreting diagnostic tests can occur, leading to misdiagnosis. In some cases, healthcare professionals overlook stroke symptoms, especially in younger patients or those without traditional risk factors.

    Miscommunication or collecting inadequate patient history during medical consultations can contribute to diagnostic inaccuracies. Patients may not always recognize stroke symptoms or downplay their severity, leading to incomplete information for healthcare providers.

    Healthcare system factors, such as overcrowded emergency departments or inadequate access to specialized stroke care, can also contribute to misdiagnoses.

    Medical Malpractice and Stroke

    Medical malpractice concerning strokes encompasses a range of scenarios where healthcare providers fail to meet the standard of care expected in diagnosing, treating, or managing stroke patients, resulting in harm or injury. Strokes are medical emergencies requiring prompt and accurate diagnosis and treatment to minimize brain damage and improve patient outcomes. However, medical malpractice can occur at various stages of stroke care.

    Misdiagnosis or Delayed Diagnosis

    Misdiagnosis or delayed diagnosis is a common form of medical malpractice in stroke cases. Due to the time-sensitive nature of strokes, failure to recognize symptoms promptly can lead to delayed treatment, exacerbating brain damage and increasing the risk of disability or death. Misdiagnosis occurs when healthcare providers overlook or misinterpret stroke symptoms, attributing them to other conditions.

    Delayed or Inadequate Treatment

    Inadequate or delayed treatment is another aspect of medical malpractice in stroke cases. Once diagnosed, strokes require immediate intervention, such as thrombolytic therapy or mechanical clot removal, to restore blood flow to the brain and minimize tissue damage. Failure to administer appropriate treatment in a timely manner can result in worsened outcomes for stroke patients.

    Surgical Errors

    Surgical errors during procedures such as carotid endarterectomy or aneurysm repair can also constitute medical malpractice in stroke cases. Incompetent surgical techniques, anesthesia errors, or postoperative complications due to negligence can lead to severe consequences for stroke patients, including disability or death.

    Other Medical Errors

    Improper management of stroke risk factors and poor follow-up care can contribute to medical malpractice. Healthcare providers have a duty to assess and manage stroke risk factors such as hypertension, diabetes, and atrial fibrillation to prevent future strokes. Failure to provide adequate counseling, medication management, or referrals to specialists for stroke prevention can constitute medical negligence.

    Communication failures among healthcare providers can lead to medical malpractice in stroke cases. Inadequate sharing of patient information, misinterpretation of test results, or failure to consult with stroke specialists can result in suboptimal care and adverse outcomes for stroke patients.

    Victims of medical malpractice can file a stroke lawsuit against the negligent healthcare provider or institution if substandard care caused them additional harm. Plaintiffs must demonstrate that the healthcare provider breached the accepted standard of care, causing quantifiable harm or injury. 

    Frequently Asked Questions About Stroke Misdiagnosis Cases


    When can you sue for stroke misdiagnosis?

    You can sue for stroke misdiagnosis when healthcare providers fail to accurately diagnose or promptly treat a stroke, leading to worsened patient outcomes or avoidable harm. Misdiagnosis occurs when symptoms are overlooked, attributed to other conditions, or improperly assessed. Patients can pursue legal action if they can prove that the healthcare provider breached the standard of care, resulting in damages such as disability, prolonged recovery, or increased risk of complications.


    How do I prove my stroke misdiagnosis case?

    To prove a stroke misdiagnosis case, gather medical records, diagnostic tests, and expert opinions showing that the healthcare provider breached the standard of care. Highlight discrepancies between the actual diagnosis and accepted medical protocols. Prove that the misdiagnosis led to worsened outcomes or additional harm. Finally, seek legal counsel specializing in medical malpractice to evaluate your case. 


    Can you sue the hospital for misdiagnosis of a stroke?

    You can sue the hospital for misdiagnosis of a stroke if their negligence led to harm or worsened outcomes. Consult with a medical malpractice attorney to assess the case’s viability and explore options for seeking compensation.

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    Helpful Resources From Our Chicago Stroke Misdiagnosis Attorneys

    In Illinois, stroke misdiagnosis and medical errors may lead to medical negligence lawsuits against healthcare providers. Diagnostic errors, including stroke misdiagnoses, rank among the most common and costly medical mistakes. Strokes require immediate treatment to prevent brain damage. Delayed intervention may result in permanent disabilities or fatalities. Victims of stroke misdiagnosis endure physical and mental challenges, often requiring emergency measures or surgery. For a successful lawsuit, patients must demonstrate duty of care, breach, causation, and damages.

    In Illinois, if a doctor misdiagnoses you or misses your condition, a Chicago medical malpractice attorney can assist you in suing for misdiagnosis. You may have grounds for a claim if you suffered harm due to the misdiagnosis. Misdiagnosis cases, especially strokes, demand a higher burden of proof. A seasoned lawyer can gather evidence, assess your case, and navigate the legal process. It’s essential to file within the statute of limitations and meet stringent procedural requirements for a successful misdiagnosis claim in Illinois.

    Medical errors can lead to malpractice when caused by negligence. Patients suffering illness, injury, disability, or death due to malpractice can file claims against responsible parties. Common malpractice types include misdiagnosis, delayed treatment, and surgical errors. Signs of malpractice include inadequate explanations, inappropriate treatments, and worsening conditions. Suspected negligence during treatment should prompt contact with a malpractice lawyer to gather evidence and pursue rightful compensation.