Primarily, stroke refers to a medical condition that involves the sudden death of the brain cells because of the lack of oxygen inside the brain. It often occurs in cases wherein there’s blood flow interruption, causing an abnormal brain function. Stroke has been one of the leading causes of disability and, in extreme cases, death among adults in the United States and other parts of the world.

However, the whole concept of stroke as a medical condition can become a different issue if it’s caused by a medical malpractice committed by a doctor or any healthcare professional.

If you’ve been a victim of this kind of medical malpractice, keep reading this article to learn more about this subject matter and the things you should do to protect your rights as a victim. 

What Is Stroke Malpractice?

Generally, stroke caused by medical malpractice occurs when the medical professional involved in the medical procedure fails to properly respond to a stroke condition, leading to a deadly medical error. The following are some instances wherein stroke malpractice can happen:

  • Failure To Make A Diagnosis – The doctor failed to take the stroke symptoms seriously. This is common in situations wherein the patient is young and doesn’t fit the profile of a patient having a stroke. In short, stroke malpractice occurs due to the doctor’s failure to identify the symptoms and rule out the most serious condition possible.
  • Failure To Prevent – The doctor failed to provide instructions and implement precautionary measures to minimize the risk of a preventable stroke.
  • Improper Treatment – Since there are many kinds of strokes, the appropriate course of treatments also vary, depending on the individual circumstances of the patient. Because of this, the doctor should be able to identify the proper treatment based on the symptoms. Failure to do so might constitute stroke malpractice.
  • Delay In The Treatment – Although most doctors are busy, they shouldn’t delay the treatment of a stroke patient as it might cause further health problems and, in worst cases, death. In other words, the doctor should always prioritize the immediate treatment of a patient who might be suffering from a stroke. When they fail in doing so, they might be held liable for stroke malpractice.
  • Malpractice During The Surgery And Other Medical Procedures – Even if the patient is healthy during surgery, they might still suffer from stroke due to some surgical errors committed by the doctor. These errors can include blood clots and other causes of stroke, which might constitute medical malpractice.

What Should You Do When You’re A Victim Of Stroke Malpractice?

Now that you know how stroke malpractice happens, it’s time to get familiar with the things you should do when you experience stroke caused by medical malpractice. These can include the following:

  • Find Another Doctor

If you believe you’re a victim of stroke malpractice, it’s important to find another doctor who can correct the mistake done by the previous medical professional. The second doctor will assess all your medical records and perform a series of tests to come up with the proper diagnosis. From there, they’ll check whether the errors have caused some complications.

Once they find out, they’ll do their best to correct the mistake by providing accurate treatment for your condition. By doing this, you can make sure that you’ll be treated properly for your health problem to avoid more serious complications.

  • Secure Your Medical Records

If you’ve decided to sue the doctor who committed stroke malpractice against you, the next thing you should do is to request your medical records from the hospital where you’re admitted or checked up. When it comes to medical malpractice cases, asking copies of your medical records is extremely important because they contain essential information that can prove that the doctor committed negligence in diagnosing or treating your stroke symptoms or condition.

Typically, your medical records contain information, such as the symptoms you experienced during the checkup, your medical history, the medications prescribed to you at that time, and the diagnosis of the doctor. By getting these documents, you can check whether you have a cause of action to file medical malpractice against the medical malpractitioner.

However, when requesting medical records, it’s better to do this before you intend to file a claim so the healthcare provider will not attempt to change your information just to avoid liability. This is, of course, to protect your rights and interests against the other party.

  • Consult A Lawyer

If you’re a stroke patient and think you might be eligible for monetary compensation due to stroke malpractice, then, you should contact a dedicated professional, like a Chicago medical malpractice lawyer, as soon as possible to know your legal options. Lawyers specializing in medical malpractice know the intricacies of injury law and how to make a claim for compensation. They can help you show proof of the damage suffered. This means showing photos, medical reports, and other evidence that show how the medical error committed by a medical practitioner has affected your life.

Moreover, in personal injury cases, such as medical malpractice, the person who suffered the most damage to their life must prove that they’re unable to work or function in a normal way because of the injury. Hence, it’s best to consult a qualified lawyer with experience in handling cases like yours because they’ll secure all the information necessary to prove your claim. They will represent you in all dealings with the insurance company, and,if necessary, before the courts of law.

  • File An Injury Claim

If you’ve suffered from stroke due to medical malpractice, you should file an injury claim for stroke malpractice to get the maximum compensation. To help you take action quickly, you need to choose the right medical malpractice lawyer to make sure you’re doing the right thing. Just like other legal proceedings, filing an injury claim for stroke malpractice in court requires extensive knowledge of the court processes and other important legwork.

For example, filing a personal injury claim comes with the appropriate statutes of limitations. Therefore, you need to observe the proper time limits to avoid waiving your right to file a lawsuit against the at-fault party. Unless you’re a legal expert yourself, you should work with a lawyer to ensure you pursue the case before the time runs out.


Stroke is a serious medical condition, which can lead to a loss of life. In addition to your lost income, you’ll also be required to pay medical bills, compensate for lost wages and suffering, etc. Therefore, if you want to hold the doctor accountable for what happened to you, keep the tips mentioned above in mind to ensure you’ll get the compensation and justice you deserve.

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