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Delayed Diagnosis

Medico-legal review suggests that physicians miss the signs of stroke

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A recent review of cases conducted by the Canadian Medical Protective Association, an organization that defends physicians in Canada, has found that most medical malpractice cases involving stroke had issues with the diagnosis. This means that sometimes doctors are missing the signs of stroke at initial presentation thereby depriving patients of necessary prompt treatment. In the cases reviewed, more than 25% of patients died and another 40% were left with a significant disability.

In the reviewed cases, the common stroke symptoms were headache, dizziness, nausea and vomiting. Delayed presentation with longer symptom duration spanning days and sometimes weeks was also seen. We can take it from the CMPA synopsis that cases where there was atypical presentation of stroke were generally easier to defend, especially where there was adequate neurological assessment and where appropriate discharge instructions were provided to a patient.

  • Malpractice cases that were more successful included situations where physicians
  • Failed to recognize the seriousness of the patient’s condition with red flags such as a new or severe headache, or focal neurological signs,
  • Did not perform a full physical examination including full vital signs, orientation, gait, speech, finger-to-nose testing, and visual field assessment, examination of the cranial nerves and motor and sensory function in all four extremities,
  • Developed an inadequate differential diagnosis,
  • Failed to consider the possibility of stroke in patients who have obvious risk factors such as smoking, obesity and hypertension,
  • Anchored on a specific diagnosis such as migraine or psychiatric disorder without considering the possibility of stroke.

Research suggests that up to 10% of strokes are not recognized at initial presentation. Research also shows that earlier diagnosis and treatment of stroke can improve outcomes. If you or your loved one suffered an injury as a result of a stroke and you were seen at the hospital or at a medical clinic and you believe that the diagnosis was potentially missed or delayed, you may be entitled to compensation for the injuries. At Pacific Medical Law we often hear from patients who have experienced a misdiagnosis or delayed diagnosis of stroke that left them with a permanent disability. Although it is not possible to identify negligence in every case we review, we have been successful at helping clients obtain much-needed compensation for the injuries that they suffered as a result of a missed or delayed diagnosis of stroke.

You can read more about the CMPA case review findings here: https://www.cmpa-acpm.ca/-/stroke-can-you-recognize-the-signs-

Missed or Delayed Diagnosis of Bacterial Meningitis Worsens Patient Outcomes

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Prompt diagnosis of bacterial meningitis infection is crucial for best treatment outcomes. Death rates from bacterial meningitis are around 10% with up to 1/3 of survivors suffering long-term serious neurological complications. If diagnosed and treated early, most people recover well.

Because the symptoms of meningitis are similar to flu and other viral infections, some physicians may miss the diagnosis and not treat the infection in a timely manner. In some cases where a diagnosis of bacterial meningitis was missed and poor treatment outcomes followed, there may be compensation available to the injured patient.

Meningitis is a life-threatening condition with initial symptoms similar to flu

Acute bacterial meningitis is an infection of the tissues around the brain and/or the spinal cord which causes these tissues to swell. It can result in paralysis, brain damage or death if treatment is not started early. Bacterial meningitis is a serious condition requiring immediate medical attention and treatment. Unfortunately, the symptoms which accompany bacterial meningitis often closely resemble common flu. In both conditions, a person will often suddenly develop high fever, start vomiting and will experience headaches and loss of appetite. Physicians assessing patients who present with these symptoms may rely on the simple fact that common things happen more commonly and fail to consider more serious but unlikely causes of the patient’s symptoms and take steps to test for bacterial meningitis.

Young children and adults with weak immune systems are at a higher risk

Bacterial meningitis can happen to anyone; however, children under 2 years of age are particularly vulnerable to bacterial meningitis. This is because young children’s immune systems are not fully developed yet. Children who do not receive a complete set of vaccinations are even at a higher risk. Pregnant women are at a higher risk of being affected due to their increased risk of contracting listeria bacteria which may cause meningitis. People with compromised immune systems are at increased risk of bacterial meningitis as well. In rare cases, bacteria may be accidentally introduced into the patient’s body during surgery and spread to the spinal cord or the brain, causing bacterial meningitis.

Medical malpractice for missed or delayed diagnosis of meningitis

When a diagnosis of meningitis is missed or delayed and serious complications such as brain damage ensue, injured patients and their families face high costs of care and loss of income. Several cases have successfully been brought against physicians across Canada for failing to consider bacterial meningitis as a potential cause of their patients’ symptoms and initiating prompt treatment. If you or your loved one suffered an injury as a result of the delayed diagnosis of bacterial meningitis, do not hesitate to contact us for a consultation as to whether or not you have a viable malpractice case.

BC Brain Injury Association – Improving the lives of people living with brain injuries

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It is estimated that 50,000 Canadians suffer a traumatic brain injury each year – and the majority of these are young adults.

At Pacific Medical Law, we can assist people who have suffered as a result of a delayed diagnosis of a traumatic brain injury or a failure by a physician or other health care professional to diagnose an underlying medical condition such as an impending stroke.

Traumatic brain injury is the leading killer and disabler of Canadians under 40 years of age. Thanks to medical advances many people who would once have died from their injuries are able to survive; however, these individuals will require lifelong care because of the cognitive impairments and emotional effects of their injuries.

The BC Brain Injury Association (BCBIA) is a non-profit organization established in 1982 to serve the interests of people living with acquired brain injuries. Founded on the belief that every person with an acquired brain injury has the right to be considered as a full participating and impactful member of society, BCBIA’s mission is to be a leader in improving the lives of people who live with acquired brain injury in BC. Brainstreams.ca, the organization’s official website, provides continual access to information and support resources for the thousands of individuals in BC and beyond who experience brain injury each year. Visitors can also find news on medical breakthroughs, inspirational stories from survivors of brain injury, and upcoming events in the community.

For those interested in supporting this important cause, the BCBIA hosts an annual Cocktail Gala to help improve the lives of people living with acquired brain injuries by raising funds and awareness. This year’s Gala will take place on Thursday, February 5, 2015, and will feature mental health advocate Margaret Trudeau and brain injury awareness advocate Ellie Ennis as guest speakers. Tickets and more information are available at brainstreams.ca.

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