I have been researching misdiagnosis of stroke claims on behalf of my husband and cannot find anywhere in the Book of Quantum which tells you how much compensation for the misdiagnosis of a stroke he should receive. Can you help?
The reason for not finding any details about misdiagnosis of stroke claims in the Book of Quantum is that, under the Personal Injuries Assessment Board Act 2003, the Injuries Board Ireland will assess applications for personal injury compensation “other than a personal injury arising out of medical negligence”. As a claim for the misdiagnosis of a stroke would be classified as medical negligence and resolved by medical opinion rather than tangible evidence, the Injuries Board Ireland will decline any application for assessment submitted to them.
This is because the symptoms that your husband displayed “at the circumstances and at the time” of the stroke could have been much closer to another condition – especially if your husband is a younger man with a lifestyle that would not suggest he was at risk from suffering a stroke – and, with a doubt over the fact that negligence has occurred, the Injuries Board Ireland would be unable to proceed with an assessment of your husband´s claim for the misdiagnosis of a stroke.
You may be aware already, but misdiagnosis of stroke claims have to show that a “competent” medical practitioner would have identified the stroke correctly and that your husband suffered an avoidable injury – or has had his recovery delayed – due to not having specialist stroke care within the first two weeks. If these conditions are satisfied, your husband will be able to claim compensation for the misdiagnosis of a stroke.
How much compensation for the misdiagnosis of a stroke he is entitled to is going to depend on the severity of the stroke, how it affects your husband´s quality of life and his ability to continue working – if he is a younger man. No doubt your research has shown that there is a very wide range of disability that stroke victims experience, from affected speech to significant paralysis, and this will be taken into consideration in relation to your husband´s age and his general state of health prior to his stroke.
It would be advisable for you to discuss the consequences of your husband´s stroke with an experienced medical negligence solicitor, not only to determine how much compensation for the misdiagnosis of a stroke he may be entitled to, but also to arrange an appointment with a competent medical practitioner to review your husband´s medical notes and establish that you have a claim for the misdiagnosis of a stroke which is worth your while to pursue.
No two misdiagnosis of a stroke claims are identical and therefore speaking with a solicitor would provide you with advice relevant to your personal circumstances – and those of your husband – rather than reading about somebody else´s experiences on the Internet.