Can a Missed Stroke Diagnosis Be Medical Malpractice in Colorado?
Every second counts when it comes to treating a stroke. A timely diagnosis can mean the difference between a full recovery and a lifetime of disability, or worse. Yet, across Colorado, patients arrive at emergency rooms with clear signs of a stroke, only to be misdiagnosed or sent home without proper care.
If this has happened to you or a loved one, you may be wondering if a missed stroke diagnosis is medical malpractice in Colorado. The answer is often yes.
Stroke misdiagnosis is a devastating form of medical malpractice, and patients deserve justice when emergency rooms and doctors fail to meet the standard of care.
At Leventhal Puga Braley P.C., we have built a national reputation for holding negligent medical providers accountable.
Understanding Stroke and the Importance of Timely Diagnosis
A stroke occurs when blood flow to the brain is interrupted, depriving brain tissue of oxygen. Immediate treatment is critical.
For ischemic strokes, the most common type, clot-busting drugs must be administered within hours to be effective. Otherwise, delays in treatment can lead to permanent brain injury or death.
Stroke symptoms that should immediately alert medical professionals include:
- Sudden numbness or weakness, especially on one side of the body
- Confusion, difficulty speaking, or understanding speech
- Vision problems in one or both eyes
- Dizziness, loss of balance, or coordination
- Severe headache with no known cause
When a patient presents with these symptoms, emergency room staff must act quickly. Failure to recognize these signs, order appropriate tests, or consult a neurologist can result in a catastrophic delay in diagnosis.
Stroke Misdiagnoses in Colorado
Unfortunately, stroke misdiagnoses in Colorado are a serious problem. In fact, studies show that younger patients, women, and people of color are disproportionately misdiagnosed when seeking emergency care for stroke symptoms.
Common errors include:
- Mistaking stroke symptoms for migraines, intoxication, vertigo, or anxiety
- Failing to order CT scans or MRIs promptly
- Not performing a thorough neurological exam
- Dismissing patient complaints due to age or perceived health status
When Does a Missed Stroke Diagnosis Become Medical Malpractice?
If a healthcare provider fails to act as a reasonably competent professional would under similar circumstances, they should be held accountable.
In Colorado, a malpractice case related to a stroke typically involves proving:
- Duty of care: The hospital, doctor, or ER staff owed you a professional duty.
- Breach of standard of care: They failed to recognize symptoms, order tests, or provide treatment consistent with accepted medical practices.
- Causation: This breach directly led to worsening injury, disability, or death.
- Damages: You or your loved one suffered significant harm, such as permanent brain injury, loss of mobility, or financial hardship due to medical bills and lost income.
At Leventhal Puga Braley P.C., we work with top medical experts to establish exactly how and where your care fell short, building a compelling case for compensation.
The Consequences of a Delayed Stroke Diagnosis
When a stroke is missed or improperly treated, the impact on a patient’s life can be devastating. Common long-term consequences include:
- Permanent Brain Damage
- Paralysis or Weakness
- Speech and Cognitive Impairments
- Loss of Independence
- Emotional and Psychological Trauma
- Ongoing Medical Expenses and Rehabilitation Costs
In tragic cases, families may even face the wrongful death of a loved one due to a preventable medical error.
Pursuing an emergency stroke lawsuit helps secure your financial recovery. It can also prevent other stroke patients from being harmed by similar mistakes in the future.
How an Experienced Denver Malpractice Attorney Can Help
Medical malpractice cases involving stroke misdiagnoses in Colorado involve complex medical information. Of course, hospitals and insurance companies will aggressively defend these claims. Often, they’ll argue that the outcome would have been the same regardless of when treatment began. That’s why it’s so important to find a malpractice law firm that understands the essential legal and medical issues.
At Leventhal Puga Braley P.C., we are nationally recognized for our success in complex neurology malpractice and brain injury delay in diagnosis cases. Our approach includes:
- Thorough medical record review: We identify exactly where the standard of care was breached.
- Collaboration with leading experts: We consult neurologists, ER specialists, and radiologists to prove your claim.
- Aggressive litigation: We are not afraid to take hospitals and healthcare corporations to trial if that’s what it takes to get justice.
- Comprehensive damage assessment: We ensure that all current and future medical needs, lost wages, and pain and suffering are accounted for in your claim.
How to Know If You Have a Colorado Stroke Misdiagnosis Case
If you or a loved one experienced a missed stroke in the ER, ask yourself these questions:
- Did medical staff dismiss or downplay stroke symptoms?
- Were appropriate diagnostic tests delayed or never performed?
- Was there a significant gap between symptom onset and treatment?
- Has the stroke resulted in greater harm than if treatment had been prompt?
If the answer is yes to any of these, you may have grounds for a medical malpractice claim in Colorado.
The Medical Malpractice Statute of Limitations
In Colorado, you generally have two years from the date of injury, or from when you reasonably discovered the malpractice, to file a claim. But certain exceptions may apply.
Regardless, it’s important to act quickly. Evidence must be preserved, medical records obtained, and expert reviews conducted. The sooner you contact a Denver stroke misdiagnosis attorney, the stronger your case will be.
Speak with an Experienced Colorado Missed Stroke Diagnosis Attorney Today
If you or a loved one has suffered due to a missed stroke diagnosis in Colorado, you don’t have to face this battle alone. Leventhal Puga Braley P.C. has won record-breaking medical malpractice settlements in Colorado, and we can help you.
Call us at (303) 759-9945 to schedule a no-charge initial consultation.