Stroke Negligence Claims
When someone suffers a stroke, if the right medical treatment is not provided quickly enough, there is a significant risk of long-term health consequences and even death. While transient ischemic attacks are usually less serious, it is critical that they be recognised for what they are, as they are often an early warning sign for a stroke.
If you or a loved one have been injured as the result of a stroke or transient ischemic attack (TIA) that was misdiagnosed or diagnosed and treated too slowly, you may be entitled to claim compensation. This can often be vital to help deal with the impact on your or your loved one’s health and lifestyle going forwards.
Wolferstans’ medical negligence solicitors have helped a number of individuals and families over the years to pursue compensation for negligent treatment of strokes and transient ischemic attacks. With a strong track record of achieving substantial damages for our clients, we have the expertise you need for a successful claim.
Our team can quickly assess the strength of your claim and give a highly accurate estimate of its likely value. Our aim is to ensure you have all the information you need when deciding how to move forward with your claim.
We place a strong emphasis on non-confrontational dispute resolution, so will aim to secure compensation without the need for court action wherever possible. As well as being less stressful for you, this is also usually much faster and less costly.
Specialists You Can Trust
We’ve handled hundreds of complex medical negligence claims — recovering over £105 million for clients in the last five years alone.
In addition to this, we work with leading medical experts to make sure your case is built on the strongest evidence and you receive the maximum compensation possible.
Our stroke negligence claims service
We work with clients all over England and Wales on compensation claims for negligent treatment of strokes and transient ischemic attacks, including those related to:
- Stroke misdiagnosis and late diagnosis
- Failure to recognise the symptoms of a transient ischemic attack
- Failure to refer a patient for emergency treatment when experiencing a stroke of transient ischemic attack
- Delays in paramedics arriving following a call to emergency services
- Failure to properly monitor symptoms after a patient is admitted to hospital
- Errors with prescriptions and monitoring of side-effects, leading to increased risk of stroke or transient ischemic attack
How stroke negligence compensation claims work
Our clinical negligence solicitors offer empathetic and highly effective advice and support to guide you smoothly through the entire claims process.
A typical stroke or transient ischemic attack claim will involve:
- Building your case e.g. applying for medical records, collecting witness evidence and consulting independent medical experts.
- Contacting the relevant healthcare provider with the details of your claim.
- Ensuring the defendant responds to your claim in a timely fashion.
- Assessing the defendant’s response and advising you of your options.
- Negotiating with the defendant and/or using alternative dispute resolution (ADR), such as mediation or independent evaluation, to secure a suitable settlement.
- Submitting your claim to the relevant court and representing you at a court hearing where required to resolve the matter.
Funding a stroke negligence compensation claim
When dealing with the aftermath of a stroke, thinking about how to fund a compensation claim is an extra worry you don’t need. Our team aim to make this easier by offering a range of funding options to suit any circumstances.
In most cases, we help our clients fund their claims using a conditional fee agreement. Commonly referred to as ‘no win, no fee’ this approach means you will only need to contribute towards your legal costs if your claim results in compensation.
As a result, you do not need to pay anything up front to start a claim, making it easy for anyone with a valid claim to pursue compensation. In the event of a successful claim, your fees will be based on a percentage of the damages won, so you will never risk losing out.
Another option for covering the cost of a stroke or TIA negligence claim is legal expenses insurance. Sometimes offered alongside home insurance policies, as well as with some bank accounts and credit cards, this may be worth considering if you have the appropriate cover in place.
To discuss your options for covering the cost of a stroke or TIA negligence claim, please don’t hesitate to get in touch.
Our expertise in stroke and TIA claims
Our clinical negligence lawyers have extensive experience in stroke and transient ischemic attack claims, having dealt with a variety of highly challenging claims. Our diligent approach and track record of success has earned us a reputation as a go-to firm for these often complex claims.
Wolferstans is accredited by the Law Society for Clinical Negligence, recognising our particular expertise in this area. We are also Lexcel accredited by the Law Society for excellence in legal practice management and client care.
Various members of our medical negligence team are also on the Law Society and AvMA (Action against Medical Accidents) Specialist Clinical Negligence Panels and have been accredited by APIL (Association of Personal Injury Lawyers) as Clinical Negligence Specialists and Brain Injury Specialists.
What is the time limit to claim compensation for negligent treatment of a stroke or transient ischemic attack?
If you need to claim compensation for negligent treatment of a stroke or transient ischemic attack that you experienced, you will normally have 3 years to do so. This may be counted from the time the negligence occurred or the date when you became aware of it, depending on the circumstances.
However, it is often the case that people make these claims on behalf of loved ones who are not in the position to claim for themselves. In these situations, there are different time limits that can apply based on who the claim is for.
- If the claim is for an elderly or vulnerable person who lacks the mental capacity to make their own claim, there is usually no time limit for someone else to do so for them.
- If the claim is with respect to someone who died due to negligent treatment of a stroke or TIA, their dependants or representatives of their estate will normally have 3 years from the date of death to claim.
While it is rare, strokes can also sometimes affect those under the age of 18. In such cases, the claimant’s parents or guardian will have until the claimant turns 18 to bring a claim. If this is not done, the claimant can bring their own claim once they turn 18, with a final deadline of their 21st birthday.
How much compensation can you claim for stroke or TIA negligence?
The exact amount you can claim will depend on various factors, including:
- How serious the impact on your/your loved one’s health has been.
- The effect this has had on you/their life.
- What specific costs you have incurred due to your injuries.
You can normally claim two types of damages for stroke or TIA negligence:
Special damages – Covering specific financial losses you have experienced up to the date of settlement. This can include the cost of paying for private treatment, buying special equipment and replacing lost income, amongst other things.
General damages – Covering non-financial losses (e.g. pain, suffering and the impact on your lifestyle), plus accounting for expected future financial losses (e.g. paying for ongoing care support).
What counts as negligent treatment of a stroke or transient ischemic attack?
To be considered negligent, the treatment given for a stroke or transient ischemic attack will need to have:
Involved serious errors that resulted in the level of care falling below medically acceptable standards.
Caused a worse outcome for your/your loved one’s health than could have been achieved with competent treatment.
Proving this was the case will normally rely on various types of evidence, including:
- Medical records
- Witness evidence
- Evidence from independent medical experts
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