Stroke Induced Disabilities: More Medical Malpractice Suits Predicted

When blood flow to the brain is restricted, it results in cell-death and what follows is known as a Cerebro-Vascular Accident (CVA) more commonly known as a “stroke.” Strokes can also be caused by bleeding inside the brain.

Some strokes can result in death, while others leave the patient temporarily or permanently disabled. They can also cause increased vulnerability to other conditions and diseases, emotional and cognitive disorders, mood swings, language and speech difficulties etc. The symptoms can range from dizziness, severe headaches, vision disturbances, numbness, weakness to difficulties in walking, slurred speech etc.

Surviving A Stroke

Immediate medical attention is required to limit the damage to the brain and also reduce the extent of resultant disability. Strokes are often misdiagnosed or the symptoms are disregarded by negligent or busy health-care professionals. This can result in huge consequences for the patient and families of such patients.

Fatal strokes have reduced considerably in number across Canada, and today, studies show that there is an almost 83% survival rate. However, surviving a stroke brings its own set of issues that the patient and family have to deal with. Severe physical, financial and emotional burdens are imposed on the patient and all those involved in caring for the patient.

Recent data shows that nearly 405,000 people have survived a stroke and are living with a variety of disabilities. The figures are projected to be even higher by 2038, where almost 750,000 Canadians may be living with stroke-induced disabilities.

One of the reasons for these alarming figures could be the rapidly aging population across the country. Improvements in medical care also result in higher survival rates, but as David Sculthorpe, CEO of the Heart and Stroke Foundation warns, we need to do even more in “raising awareness of the signs of stroke and improving prevention and care.”

Stroke Treatments

When the stroke occurs, the immediate emergency treatment focuses on stabilizing the system. Following this, a rigorous and systematic treatment plan has to be put in place to limit the destructive effects of the stroke.

The treatment for dealing with strokes should include:

  • Early intervention in a stroke rehabilitation unit attached to a hospital
  • Subacute treatment
  • Rehabilitation
  • Home-based therapy
  • Outpatient therapy
  • Long-term patient care for onsite treatment or nursing care if required

Often doctors focus on helping the patient survive the stroke, but where they may fall short is in providing the appropriate follow-up care. This can lead to prolonged periods of disability, deterioration in brain function, failure to fully recover etc.

If you or a dear one has suffered a stroke due to misdiagnosis, or failed to receive the proper follow-up treatment, it’s important to consult an experienced, qualified and knowledgeable personal injury lawyer who has dealt with similar cases earlier.

Types of Misdiagnosis

Health-care workers/Doctors may fail to:

  • Analyze patient history/records
  • Monitor patient in the hospital
  • Perform CT/MRI scan
  • Discharge patient without proper work-up
  • Consult neurologist/neuro-surgeon
  • Provide clot-dissolving medications

Keeping these factors in mind, in some cases, failure to prevent, diagnose or treat strokes can be construed as medical malpractice. An experienced personal injury lawyer can advise/assist/advocate for you in such a situation.

Emotional Distress Caused by Personal Injury

When accidents happen, they result in a variety of injuries. Based on the severity of the accident, the injuries may be major or minor. But in some cases, the accident may have been minor, but the resultant injuries may be very serious. In certain catastrophic collisions, the injuries are extremely severe, and the person is disabled/disfigured, permanently disabled, or the accident could result in death.

Contact a personal injury lawyer without delay to file a personal injury claim against those responsible for the accident. Ontario laws provide statutory benefits on a no-fault basis for all injured victims of accidents in the state but sometimes, the settlement amount may not cover the costs of treatment and rehabilitation. Victims or their families can file a civil claim concurrently for compensation.

Types of Compensation

As our award winning car accident and personal injury lawyers are aware, compensation amounts are claimed under two different heads – Special and General.

Special damages include all expenditure incurred as a result of the accident that can be quantified – for instance, medical bills, treatment, ambulance-charges, therapy, also loss of income, wages, etc.

General damages are those which cannot strictly be evaluated in monetary terms – for instance, the pain and suffering that victims and families undergo, the loss of a spouse/companionship etc.

Emotional Distress

Apart from the physical injuries, accidents cause different degrees of emotional suffering. Accident victims experience post-traumatic stress disorder, phobias, anxieties, fears, sleep-disturbances, depression, suicidal tendencies, alcohol or drug dependence, etc. Social and intimate relationships may suffer irretrievable breakdown and the family-structure could collapse.

In such cases, compensation for “pain and suffering” may be awarded. The best personal injury litigation lawyers in Ontario, Canada can advise injured victims that “pain and suffering” can be one of the factors that compel the at-fault party to settle quickly and satisfactorily out-of-court, as many juries award huge amounts of compensation on this count.

Many countries, provinces, states etc have put a limit or cap on the amount of compensation awarded under the “pain and suffering” category. In Ontario, the most that can be recovered is $350,000. There are several provisions under the Insurance Act and “threshold  injury” concept that would limit the compensation awarded for pain and suffering. A top-rated accident lawyer can assist injured victims to file an appropriate claim, at the correct jurisdiction, backed by robust evidence to back it.

Negligent Infliction of Emotional Distress

In certain cases, a claim of Negligent Infliction of Emotional Distress  (NIED) can be brought against the at-fault party. This implies that the negligent person/s acted in such a way that they must compensate the injured person for the emotional or mental injury. NIED claims may be pursued independently or as part of other personal injury claims. In some cases, a bystander who is a close relative may suffer emotional distress as a result of witnessing the death or injury. It’s important to know how to select the best  personal injury lawyer who can advise clients on the type of claim to be filed.

If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333 or Text a Personal Injury ‎Lawyer 24/7 and get instant help. (416 931 5015)