Stroke is a medical condition which occurs after disturbance of blood flow to the brain. This is due to bleeding or a clot in the brain. It is life-threatening and is among the leading causes of fatality in the US with more than 145,000 people fatally injured each year and thousands left with severe injuries and disabilities.
When medical staff fail in their duty to treat their patients with the required medical standards, they are liable for the damages and injuries that the patient suffers. In the event you or your loved one falls victim to stroke-related malpractice, you should file a medical malpractice claim. This is in an effort to get compensation for your losses and damages.
Types of Stroke Malpractice
Stroke-related medical malpractice cases normally involve strokes which could have been prevented and those which were as a result of negligence. They include the following
- Failure to diagnose properly and treating the underlying condition
- Failure to order for proper brain scans and blood tests
- Failure to correctly and accurately analyze the results of brain scans and blood tests
- Failing to administer blood thinners (anti-coagulant) after surgery
- Failing to treat the stroke in time
- Patient mistreatment during surgery. This can lead to hypotension which increases the risk for stroke.
Types of Stroke
When there is lack blood or interference of blood flow to the brain, there are two types of strokes which may occur.
a) Ischemic Stroke
This occurs when there is a blood clot in the artery. This blocks blood and oxygen supply to the brain. It is a hereditary condition in some cases. Other people who are at risks of developing it are patients that have had an invasive surgery, people with high blood pressure, people with diabetes and people who have atrial fibrillation.
b) Hemorrhagic stroke
This is caused by bleeding in the brain. This occurs mostly when a blood vessel breaks.
The approach taken by stroke malpractice attorneys to build a case depends on the available evidence and the circumstance. The Attorney must be able to prove the involved medical professionals’ negligence and its direct result to damages to the plaintiff.
This involves the following
- Showing that the medical practitioner owed the patient a duty of care
- Showing that he or she breached that duty of care
- Proving that this breach of duty resulted in injury to the patient
- Showing that the damages suffered by the patient are compensable
Defendants who could be named as the defendants in your stroke medical malpractice case include doctors, paramedics, nurses, pharmacy technicians, or even the hospital.
Damages You (The Plaintiff) can claim
These are the losses you suffer due to medical malpractice involving stroke. They are usually categorized into economic and non-economic damages. The economic damages are those which are measurable such as lost wages, rehabilitation costs, medical bills and even costs for medications and medical equipment.
The non-economic damages are the subjective and immeasurable damages like loss of the enjoyment of life, mental anguish and even loss of consortium.
The compensation or settlement you receive may include punitive damages awarded by the court if it is indeed established and the court is convinced that the defendant’s (the hospital or medical professionals) behavior was deliberate or reckless.
You should hire an attorney to represent you or your loved one when you experience injuries and losses due to stroke-related medical malpractices.