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Case Study: Stroke

Justice Obtained for Missed Stroke Diagnosis

  • Case Type: Stroke / Medical Malpractice
  • Outcome: Confidential Settlement
  • Challenge: Proving that earlier recognition of  the stroke would have resulted in a better  outcome

Case Summary

A client who suffered an ischemic stroke in North Texas was denied timely tPA treatment, resulting in permanent brain damage. Van Wey & Metzler filed a medical malpractice lawsuit against the responsible hospital and doctors and successfully obtained a significant confidential settlement.

Missed Stroke Diagnosis

Case Background

  • Our client was a successful wealth manager who was shopping at Home Depot on a Saturday morning when he began experiencing a stroke symptom known as aphasia, which is difficulty in the ability to use and find words and finish sentences.
  • After driving home, his wife immediately recognized that something was wrong and called the paramedics and he was taken to the nearest emergency department.
  • At the ER, his chief complaint was “difficulty speaking” and the initial stroke screen was positive for stroke symptoms, including “expressive aphasia”.
  • A neurologist was consulted but was never asked to evaluate the patient. Due to miscommunication between providers, the neurologist was told the patient’s neurological exam was normal with no objective stroke symptoms.
  • Our client was discharged with a diagnosis of confusion and received no stroke treatment and no other therapeutic interventions were ordered or administered.
  • Following discharge from the hospital, our client continued to have stroke symptoms. They called their primary care physician who recommended that our client go directly to the emergency department at a different hospital.
  • Immediately upon arrival, our client was diagnosed with an acute ischemic stroke involving an occlusion of the left middle cerebral artery territory and evolving acute infarcts of the left parietal and superior temporal lobe.
  • Since the stroke was not recognized within the critical 4.5-hour window for our client to receive clot-busting medication, the failure to administer life-saving medication lead to permanent brain damage significantly impacting his ability to return to his job as a wealth manager.

Van Wey & Metzler’s Approach and Strategy

The case required significant discovery and expert testimony to establish the standard of care and the sequence of communication errors that led to this catastrophic outcome. Our investigation during discovery revealed that there were significant gaps in the hospital acute stroke protocol in effect at the time that led to the communication errors between providers. Our approach also included detailed expert analysis of current medical and scientific literature regarding the difference earlier recognition and intervention would likely have made. Ultimately, we were able to demonstrate that the damage that was caused by the failure to act timely and appropriately could have easily been prevented.

Case Outcome

This case underscores the importance of meticulous case preparation and in-depth understanding of the current science and medicine related to stroke intervention. Comprehensive investigations and a deep understanding of medical standards were essential to proving negligence against multiple healthcare providers and securing a favorable outcome for our deserving client. The strategies employed by Van Wey & Metzler ensured that our client received the justice and compensation he deserved.

Moving Forward Together

If you or a loved one has been impacted by medical negligence, we are here to help. At Van Wey & Metzler, we fight tirelessly to ensure justice and fair compensation for victims of anesthesia errors and surgical malpractice. Contact us today to schedule a free consultation and learn how we can assist you.