Stroke Is No Longer Just an “Old Person’s Event”
Suffering a stroke is no longer just an “old person’s event”. According to the Stroke Foundation Australia , there is a common misconception that strokes only occur in older Australians, despite 1 in 4 sufferers being under the age of 65.
Stroke in Younger Australians Requires Prompt Diagnosis
Strokes do occur in younger Australians, and this medical emergency necessarily means that patients need to receive a prompt and clear diagnosis to improve their probability of recovering and to minimise the impact of any disability on their day-to-day lives.
Medical Negligence in Stroke Cases: Grounds for Compensation
Medical negligence in circumstances of a stroke can entitle a patient to compensation if any of the following occurred:
– Failing to recognise and diagnose the symptoms of a stroke.
– Failing to act in accordance with the gold standard of stroke treatment, being thrombolysis (clot busting medication).
– Not administering thrombolysis within the effective window of treatment.
– Not balancing the seriousness of the patient’s symptoms with the benefits and risks of thrombolysis treatment.
– Failing to transfer a patient to a facility that is properly set up to treat stroke.
– Failing to monitor a patient who shows risk factors or symptoms for stroke.
Legal Requirements for a Stroke Negligence Claim
To make a claim against a medical practitioner or hospital in medical negligence, a patient needs to establish that there was a breach of the duty of care owed to them and that this breach caused or contributed to their resulting injury from the failure to act on their stroke.
Misdiagnosis of Stroke in Young Patients
Increasingly with young people, when they present to a hospital, the presumptive diagnosis of stroke is not made. It is assumed that because that person is of a certain age, and not in the typical age range for high risk, that they could not be at risk of suffering a stroke. Often, a patient’s symptoms are overlooked even though they are typical of stroke and not consistent with other diagnoses, for example, syncope (fainting). It seems clear that a patient presenting with, for example, facial droop, is not demonstrating signs of a syncopal episode but surprisingly, many young patients are misdiagnosed and turned away by hospitals with little or no proper treatment.
Legal Debate on Thrombolysis and Stroke Causation
There is some controversy between neurologists as to whether thrombolysis treatment for acute stroke satisfies the test at law of causation (the connection between the breach of duty of care and the resulting injury to the patient) in the sense of whether it is more likely than not that the person, if treated within the appropriate window, will have a better outcome. Although the literature presents evidence both ways, and the patient’s ultimate outcome despite treatment must be considered, all of a patient’s history, presenting signs and symptoms and reports or complaints must be put to the test medically and the law applied on a case-by-case basis. In many cases, earlier treatment is warranted and the outcome to the patient considered life changing.
How Stacks Goudkamp Can Help With Stroke Medical Negligence Claims
At Stacks Goudkamp, our experienced medical negligence lawyers understand the devastating impact a stroke can have – especially when misdiagnosis or delayed treatment is involved. We specialise in stroke-related medical negligence claims, helping clients across Australia secure the compensation they deserve.
Our medical negligence lawyers can assist with:
– Investigating whether your stroke was mishandled by medical professionals.
– Gathering expert medical evidence to support your claim.
– Navigating the legal process with compassion and clarity.
– Maximising your compensation for pain, suffering, lost income, and ongoing care.
If you or a loved one has suffered due to stroke misdiagnosis, delayed thrombolysis, or hospital negligence, contact Stacks Goudkamp today for a confidential consultation. We are committed to achieving justice and helping you move forward.
