Stroke Misdiagnosis & Delayed Treatment: Holding Providers Accountable in Washington
Every second counts when a stroke occurs. Quick diagnosis and treatment can prevent long term disability or death. Unfortunately, strokes are often misdiagnosed or diagnosed too late, leading to devastating outcomes. This article explains why strokes are misdiagnosed, what negligence looks like and how patients can seek justice.
What Is a Stroke?
A stroke occurs when blood flow to part of the brain is blocked (ischemic) or when a blood vessel bursts (hemorrhagic). The resulting lack of oxygen causes brain cells to die quickly. Strokes are among the top five leading causes of death and disability in the United States.
Types of Strokes and Symptoms
There are two main types of strokes:
Ischemic stroke: Caused by a blood clot or blockage, accounting for about 87 % of all strokes. Symptoms typically include sudden numbness or weakness on one side of the body, confusion, trouble speaking, dizziness or loss of coordination.
Hemorrhagic stroke: Caused by a ruptured blood vessel, leading to bleeding in or around the brain. Symptoms may include a sudden, severe headache, vision problems, nausea, vomiting and loss of consciousness.
To help the public recognize strokes quickly, the American Stroke Association promotes the FAST acronym:
Face drooping: One side of the face may droop or feel numb.
Arm weakness: One arm may be weak or numb; when both arms are raised, one may drift downward.
Speech difficulty: Speech may be slurred or hard to understand.
Time to call 911: Even if symptoms appear briefly and then stop, call emergency services immediately. Every minute matters.
Emerging research highlights additional symptoms, such as loss of balance, vision changes and sudden severe headache. If you notice any combination of these signs, seek medical care immediately.
Why Strokes Are Misdiagnosed
Research suggests that more than 12 % of strokes are misdiagnosed. Several factors contribute:
Atypical symptoms. Patients may present with headaches, confusion or dizziness. Symptoms that can mimic migraines, vertigo or intoxication.
Insufficient testing. Providers sometimes fail to order CT or MRI scans promptly, delaying diagnosis and treatment.
Misinterpretation of imaging. Radiologists can miss signs of a stroke on scans.
Overcrowded emergency departments. High patient volumes may lead to rushed evaluations.
Negligence in Stroke Care
Negligence occurs when providers fail to meet the standard of care. Examples include:
Attributing symptoms to other causes. Doctors sometimes assume a patient is intoxicated, has vertigo or is having a migraine, leading to delayed treatment.
Laboratory or equipment errors. Malfunctioning devices or misread lab results can delay diagnosis.
Inadequate staffing or training. Short staffed facilities or poorly trained personnel may not recognize stroke symptoms.
Importance of Timely Treatment
For ischemic strokes, medications such as tissue plasminogen activator (tPA) can dissolve clots if given within a narrow time window, typically within 3–4.5 hours of symptom onset. Mechanical thrombectomy may be performed up to 24 hours in certain cases. The sooner treatment begins, the better the chances of preventing permanent brain damage.
Steps Doctors Should Take
When a stroke is suspected, providers should:
Perform a neurological exam. Assess speech, motor function, coordination and mental status.
Order urgent imaging. A non‑contrast CT scan or MRI helps distinguish between ischemic and hemorrhagic strokes and guides treatment decisions.
Check blood sugar and vital signs. Hypoglycemia can mimic stroke symptoms.
Consult a neurologist. Time is critical; hospitals with stroke teams should be activated for rapid treatment.
Administer appropriate therapy. For ischemic strokes, consider tPA if there are no contraindications and mechanical thrombectomy if large vessel occlusion is present.
Monitor for complications. After treatment, patients should be monitored in a dedicated stroke unit.
Failure to take these steps promptly may constitute a breach of the standard of care, particularly if symptoms were clear but providers attributed them to other conditions.
Patient Advocacy and Prevention
Although patients cannot control how quickly emergency rooms respond, they can play a role in improving outcomes:
Learn the signs. Share the FAST acronym with family and friends so they recognize a stroke and call 911.
Communicate medical history. Let providers know about risk factors such as high blood pressure, atrial fibrillation, diabetes or prior stroke.
Request imaging. If stroke is suspected, ask whether a CT or MRI will be ordered and when results will be available.
Follow up after discharge. Attend all follow up appointments, take prescribed medications and participate in rehabilitation.
For more information on misdiagnosis claims and other forms of medical negligence, read our article on misdiagnosis vs. delayed diagnosis malpractice and our Seattle personal injury lawyer guide, which provides general information on pursuing injury claims in Washington.
Filing a Malpractice Claim
To succeed in a malpractice claim, the plaintiff must show that:
A doctor–patient relationship existed.
The provider breached the standard of care. For example, failing to order a CT or MRI when a patient presents with stroke symptoms.
The breach caused harm. Delayed treatment leading to worsened outcomes must be linked to the provider’s negligence.
Damages resulted. This includes medical expenses, lost earnings and non‑economic harms like pain and suffering.
Consulting a medical expert is essential to determine whether the provider’s actions fell below the standard of care.
What Patients Should Do
- Seek emergency care immediately. If you or someone else shows stroke symptoms (sudden numbness, trouble speaking, confusion, vision changes or severe headache), call 911.
- Document your symptoms and treatment. Keep notes about when symptoms started, what you told medical personnel, and what tests were done.
- Request a copy of your medical records. You are entitled to your records and they provide critical evidence.
- Consult an attorney. A lawyer can review your case, consult experts and help you understand your legal options.
A stroke misdiagnosis or delay can lead to devastating, lifelong consequences. Understanding the signs of a stroke, seeking prompt medical attention and knowing your legal rights are essential. If you believe negligent care worsened a stroke outcome, consult a lawyer experienced in medical negligence to explore your options.
Frequently Asked Questions
Is there a deadline for filing suit?
Yes. As with other medical‑negligence cases, Washington generally allows three years to file, with a one‑year discovery rule.
Do all misdiagnoses amount to malpractice?
No. Mistakes happen, and not all lead to liability. The key question is whether the provider’s conduct fell below the standard of care.
Can hospitals be liable?
Yes. Hospitals are responsible for ensuring that staff are trained and equipment is maintained. Washington courts have held that hospitals are liable even when physicians are independent contractors.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. Hiring a lawyer is an important decision and should not be based solely on advertisements.
