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Failure to Diagnose Ischemic Stroke Leads to $2.875 Million Settlement

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Medical misconduct is an extremely dangerous problem that can end up taking someone’s life. In a recent case, a 23-year-old woman suffered a significantly worse outcome with permanent injuries as a result of a 16-to-20-hour delay in diagnosis and treatment of a blood clot in the brain which caused a stroke. The case ended up going to court and we secured $2.875 million in compensation for her losses.

Case Highlights

Date of Verdict: September 2024

Location: New York

Case Type: Medical Malpractice

Pre-Trial Offer: $0

Verdict: $2,875,000.00

The Case

The patient possessed multiple risk factors that should have raised immediate concern. Obesity, smoking, and the use of birth control tablets to treat PCOS (a condition that raises the risk of blood clots) all should've raised some suspicion of medical problems.

At first, she passed out at her house but after she arrived at the ER, she gained consciousness.  Her confusion and lack of speech suggested that she might have had a stroke. The first misdiagnosis of her illness as a seizure led to the delays that followed.

Doctor Errors

Here are the doctors and the mistakes each one made:

  • The Emergency Room Doctor: the attending doctor failed to order a CT angiogram which is a key test that could have quickly detected the blood clot responsible for the stroke.
  • The Neurologist: brought in for consultation, the neurologist neglected to order an immediate MRI, which would have provided detailed imaging of the brain and likely identified the clot earlier.
  • The Radiologist: the radiologist who reviewed the initial CT scan missed a density in the left middle cerebral artery that could have indicated the presence of a clot.

The Impact of Delayed Diagnosis

The delay in diagnosis and treatment led to devastating consequences. The patient permanently lost the use of her right hand, which became contracted into a fist. She also now has difficulty finding words, reading, and comprehending information.

Expert witnesses testified that if the stroke had been diagnosed and treated 16 to 20 hours earlier, the patient likely would have recovered with little to no permanent deficits. The missed opportunity for proper care severely impacted her quality of life.

The case was filed against the hospital and the individual doctors involved. The allegations centered on the failure to order necessary diagnostic tests and the lack of communication between the medical professionals. The hospital was also held liable for the doctors’ mistakes.

The trial lasted nearly five weeks in Suffolk County Supreme Court. After two days of jury deliberations, the defendants offered a settlement of $2.875 million, which was accepted by the patient. All four defendants contributed to the settlement amount.

Lessons in Timely Diagnosis

This case serves as a reminder of how crucial timely diagnosis is in emergency medical situations. Making sure doctors are communicating and conducting the correct tests can have the potential to save someone's life.

If you or someone you know has been affected by medical negligence, it is important to consult an attorney to explore your legal options. Seeking justice can provide both closure and the support needed to manage long-term medical consequences. Contact Duffy & Duffy today to discuss your case.

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Recognition

  • Best Law Firms, U.S. News and Best Lawyers
  • TopVerdict.com: number one jury verdict, New York City
  • Case featured in the New York Post
  • American Association for Justice
  • Long Island's Leading Lawyers
  • AV Preeminent, Martindale-Hubbell peer review rated
  • The American Trial Lawyers Association
  • Michael Duffy, featured on Lawyer.com
  • TopVerdict.com: number one jury verdict, all practice areas, New York City

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