Stroke Malpractice in New York

New York is home to numerous healthcare institutions and practicing physicians.  Some, such as NYU Langone and Northwell actively advertise their expertise in stroke care.  

However, we have seen cases at even the most prestigious institutions where substandard care was given. Under New York law, medical malpractice is defined as  care that falls below applicable standards of care that causes injury. (NY Pattern Jury Instruction 2:150).  

What is Stroke Malpractice? 

We have seen medical malpractice for patient’s with stroke in the following situations: 

• Failure to identify stroke symptoms promptly 

• Misinterpretation of imaging studies such as CT or MRI scans 

• Delay in initiating appropriate interventions, such as tissue plasminogen activator (tPA) administration within established time windows 

Impact of Stroke Malpractice in New York City 

Deviations in stroke care in New York City can result in: 

• Impaired Quality of Life: Delays may lead to increased brain damage, contributing to long-term neurological deficits. In stroke, timely treatment (or failure to provide timely treatment) can mean the difference between resuming work and life normally, or a life of extremely impaired quality and dependence. 

• Economic burdens: Such errors frequently involve extended medical expenses, prolonged recovery periods, and income loss due to disability. 

Damages Available 

Damages for impaired qualify of life, when due to malpractice, are compensible in a malpractice case. Legally, this falls under a claim for “pain and suffering.” But in a serious malpractice case involving stroke, the most significant aspect of such “pain and suffering” is often loss of quality of life.  Under the law, pain and suffering damages includes the individuals impairment of their overall qualify of and enjoyment of life, which goes far beyond (and is typically much more profound) than the physical sensation of pain itself. 

Damage for medical costs. Apart from damage to qualify of life, a case of stroke malpractice often invovles substantial medical bills, and out of pocket expenses for medications, therapies and even home accommodations. 

Damages for restorative therapy: Compensible damages may also include funds for services the stroke patient has not yet obtained, but which could be of assistance to the patient in obtaining the best possible function they might recover.  In appropriate cases, we work with Life Care Planners to help define services that may assist our clients to recover maximum function, and to recover costs for such services from the responsible parties.  

Loss of earnings or eanings capacity: If an employed person is disabled due to stroke, the loss of earnings (particularly over a lifetime can be quite significant). We have deep experience in working with vocational experts and econonomists to help assess and prove these damages.  

Stroke Malpractice Cases We Have Handled in New York City 

We have represented clients in stroke malpractice cases involving: 

• Delayed diagnosis of ischemic stroke 

• Failure to administer timely thrombolytic therapy 

• Misdiagnosis of stroke as another condition 

 Familiarity with New York’s Leading Hospitals 

We have handled malpractice cases associated with most major New York City hospitals and health networks, including: 

• New York-Presbyterian Hospital 

• NYU Langone Health 

• Mount Sinai Health System 

• Memorial Sloan Kettering Cancer Center 

• Northwell Health 

• Maimonides Medical Center 

• Kings County Hospital Center 

 Our Approach: Credible, Fact-Driven Advocacy 

We investigate all cases thoroughly before advising to file suit.  This includes our internal review and review by outside physician (often multiple physician) experts to confirm merits of the case.   Cases are constructed based on our deep experience in medical malpractice law, and the specific medical issues and standards of care associated with stroke care.   

Collaborating with Trusted New York Medical Experts 

We retain world class experts to best understand and present the relevant medical issues to the Court and jury. 

Helping Individuals In New York City and Surrounding Counties 

Representation extends to claims arising in the five boroughs and adjacent areas, including: 

• Brooklyn,  
• Bronx,  
• Queens, 
• Manhattan,  
• Long Island,  
• and Westchester. 

Assessing stroke malpractice involves factual review under standards like proximate cause and demonstrable harm. Legal evaluation typically determines claim viability based on evidence such as medical records and expert input.