Stroke Misdiagnosis Lawyer in Brooklyn

Nearly 75 Years of Combined Experience with Complex Stroke Claims

A missed, delayed, or incorrect stroke diagnosis may support a medical malpractice claim when a healthcare provider departs from accepted standards of care and causes additional harm. At Belushin Law Firm, P.C., we represent individuals and families in Brooklyn in complex diagnostic error claims.

We bring nearly 75 years of combined legal experience to medical malpractice claims and have recovered millions of dollars for injury clients. Attorney Vel Belushin is a Lifetime Member of the Multi-Million Dollar Advocates Forum, whose membership is limited to attorneys who have obtained qualifying verdicts or settlements.

Call (888) 918-9890 to discuss a possible stroke misdiagnosis claim with our attorneys.

Missed, Delayed & Incorrect Stroke Diagnoses

A failure to diagnose occurs when a provider misses a medical condition altogether. A misdiagnosis occurs when the provider identifies the wrong condition. A delayed diagnosis occurs when the correct condition is recognized only after additional harm has occurred or the patient’s treatment options have changed.

Stroke symptoms don’t always match what patients and families expect. Posterior circulation strokes, which affect blood flow in the back of the brain, may be mistaken for vertigo, a headache, or intoxication. We handle claims involving strokes that healthcare providers failed to identify correctly or promptly.

A delay alone doesn’t establish medical malpractice. The legal inquiry considers the information available to the provider, the care that should have been provided under the circumstances, and whether the diagnostic error caused additional harm. Medical records and diagnostic information can establish the sequence of events, while treatment and rehabilitation records may document the resulting effects.

What a New York Medical Malpractice Claim Requires

A stroke misdiagnosis lawsuit generally requires proof of four connected elements. A poor medical outcome alone isn’t enough to establish them.

The central elements generally include:

• Duty: A doctor-patient relationship or another recognized professional relationship created a duty of care.
• Deviation: The provider departed from the accepted standard of care, meaning the level of care reasonably expected under the circumstances.
• Causation: The departure caused or contributed to harm beyond the effects of the underlying stroke.
• Damages: The patient experienced documented physical, financial, or other legally recognized losses.

Supporting evidence may include hospital charts, diagnostic information, treatment records, imaging reports, and documentation of the patient’s limitations and expenses. The evidence needed depends on the claimed error and course of care.

New York’s Certificate of Merit

New York generally requires a Certificate of Merit before or shortly after a medical malpractice lawsuit is filed. The certificate confirms that the attorney consulted a licensed physician who reviewed the available facts and found a reasonable basis for the claim. It serves a different purpose from the medical evidence ultimately needed to prove negligence and causation.

Deadlines for Stroke Misdiagnosis Claims in Brooklyn

Most New York medical malpractice claims must be filed within two years and six months of the negligent act, omission, or failure. That period may instead run from the end of continuous treatment for the condition at issue. Continuous treatment means an ongoing course of care for the same medical problem, not simply a later appointment with the provider.

These rules differ from the general deadline for other personal injury cases. Lavern’s Law provides a discovery-based rule for certain failures to diagnose cancer or a malignant tumor, but it doesn’t apply to stroke claims. A wrongful death action involving medical malpractice generally must be filed within two years of the patient’s death, although related malpractice deadlines may create additional issues.

Shorter Deadlines for Public Hospital Claims

Claims involving New York City public hospitals carry substantially shorter procedural requirements. A Notice of Claim, which formally advises the public entity of the claim, generally must be served within 90 days. The lawsuit generally must then be filed within one year and 90 days.

Stroke misdiagnosis lawsuits arising in Brooklyn are generally brought in the appropriate Supreme Court, Civil Term. The correct deadline and venue depend on the provider, the treatment dates, and whether the healthcare facility is public or private. Prompt legal review allows time to identify the proper parties and evaluate the applicable filing rules.

Compensation & Financial Considerations

New York doesn’t impose a general cap on compensatory damages in medical malpractice cases. Compensation isn’t automatic, and its amount depends on the documented harm, financial losses, medical evidence, and other facts of the claim. Recoverable damages may address losses connected to the proven malpractice.

New York follows pure comparative negligence. A patient’s share of fault can reduce an award by the same percentage, but shared fault doesn’t by itself bar recovery. Whether comparative negligence applies depends on the evidence, and an allegation that the patient contributed to the outcome doesn’t end the inquiry into the provider’s conduct.

We handle medical malpractice cases on a no-recovery, no-fee basis and advance litigation costs for our clients. Families don’t pay our attorney’s fee or litigation expenses upfront.

Discuss a Stroke Misdiagnosis Claim with Our Attorneys

We offer free consultations by phone 24 hours a day, seven days a week. Our attorneys can discuss the circumstances surrounding the diagnosis and explain the legal requirements that may apply.

Assistance is available in English, Chinese, Russian, Italian, Spanish, and Ukrainian. Use our contact form to request a consultation.

Call (888) 918-9890 to speak with Belushin Law Firm, P.C. about a stroke misdiagnosis claim in Brooklyn.