Marguarita Tyne, head of Clarke Willmott’s medical negligence team, explains the common circumstances in which strokes are missed and answers some of the most frequently asked questions about potential claims, outcomes, and compensation.
What types of claims do we typically see?
There are four main types of situations that we commonly see.
The first is someone who has had a minor stroke which is not recognised by a hospital department. As a result, they are not treated and are not given the correct advice, which often is, at the very least, to take aspirin. This can often prevent a second, major stroke shortly afterwards.
Another scenario we often see is someone who has had a major stroke but has not been offered the right treatment. For example, thrombectomy or thrombolysis which are often known as clot-busting treatments. If they are not offered, there may be a genuine reason; alternatively, it may amount to substandard care.
A further scenario involves a patient who has gone into hospital for surgery and normally takes Warfarin. They are taken off Warfarin for surgery, but afterwards they may not be restarted on it, may not be given the correct advice, or may not be prescribed an increased dose to return them to the appropriate level. As a result, they may go on to suffer a stroke because they are not taking the medication they require.
Finally, we occasionally see cases involving babies who have a stroke at birth.
What are adverse outcomes that patients are likely to suffer?
Generally, the people who come to us for advice will have sustained a serious brain injury. This can result in impaired brain function, affecting their ability to speak or to comprehend information. It may also involve a brain injury combined with physical disability. Often, one side of the body is particularly affected.
These are not minor injuries. In most cases, they are life-changing and will often require a significant level of support from family members or professional carers.
What is a stroke claim likely to be worth?
Stroke claims can vary significantly in value, often depending on the severity of the injury and the age of the individual.
For example, someone of working age, in their 40s or 50s, who is still employed and then suffers a stroke that prevents them from working is likely to have a much higher-value claim than someone in their 70s or 80s.
Both individuals are likely to require significant care packages. However, younger claimants will also have claims for loss of earnings and pension, in addition to their care needs, and their care is likely to continue for much longer.
As a result, younger claimants may have cases worth several million pounds, potentially £10 million or more. Older claimants may have claims valued at around £1–2 million.
These are substantial sums and are generally considered high-value claims. Where the claims are against the NHS, as they often are, the settlement is usually structured to include both a lump sum and an annual payment for the remainder of the individual’s life.
Speak to our medical negligence specialists
If you or a loved one has experienced a stroke that you believe may have been misdiagnosed or treated incorrectly, our specialist medical negligence lawyers are here to help. We offer clear, compassionate advice on your options and whether you may have grounds to bring a claim.
To find out more or to discuss your situation in confidence, please complete our online contact form and a member of our team will be in touch.
