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Navigating a New York Medical Malpractice Claim After a Stroke

Navigating a New York Medical Malpractice Claim After a Stroke

medical malpractice

Medical malpractice claims involving strokes are more common than those involving many other conditions because of their high-risk nature. Diagnosis and treatment of strokes require doctors to act quickly while navigating complex body systems like the brain.

Despite this fact, proving medical malpractice is notoriously challenging. Four elements must be proven:

  • What or who caused the harm to the patient
  • That the person who caused the harm had a duty to the patient
  • The person responsible was negligent or breached their duty of care
  • The patient suffered damages as a result

Common Types of Malpractice Involving Strokes

Because strokes are severe medical events, there are many ways that medical professionals can fail their patients experiencing one of these critical health emergencies.


A doctor’s failure to diagnose a stroke can lead to fatal consequences for patients. Strokes can cause a multitude of different symptoms, including sudden onset of any of the following:

  • Weakness or numbness in the face or limbs
  • Difficulty seeing or speaking
  • Severe headache
  • Loss of balance or dizziness

In addition to these typical symptoms, women also commonly experience different or additional symptoms like:

  • Nausea
  • Vomiting
  • Hiccups
  • Shortness of breath
  • Fainting
  • Pain

It is important for doctors to consider stroke as a possibility when patients present with these symptoms because of the seriousness of this condition. In fact, erring on the side of caution is advisable because patients who have an altered mental state but none of the more traditional stroke symptoms are often misdiagnosed.

Delayed Diagnosis

Diagnosing a stroke involves numerous steps, so quick response is crucial. CT scans and MRIs are often completed as part of the process. These tests involve multiple medical professionals and sometimes lengthy timeframes, so any additional delay caused by medical negligence can easily have devastating consequences.

Medical Malpractice Claims in New York

If you believe you or a loved one has been the victim of medical malpractice, it is important to take action. New York has established a statute of limitations for medical malpractice of two years and six months. This is the timeframe in which injured patients must file a claim. There are exceptions, but two and a half years is the most common deadline. If you have questions about your timeframe for filing a claim, contact Josh or Janet at Gillette & Izzo Law Office.

If your doctors or other medical providers acted negligently when providing care after your stroke, you deserve compensation as you make the difficult journey to recovery. Let us help you! Contact us to schedule a free consultation today.

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