Award-Winning Stroke Misdiagnosis Law Firm in Florida
Freedland Harwin Valori Gander represents patients and families throughout Florida who suffered devastating, permanent neurological injuries or lost a loved one because a stroke was missed, misdiagnosed, or treated too slowly. We know this medicine. We know this law. And we are prepared to hold responsible parties accountable.
Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin
- Content last updated on:
- June 30, 2026
How Stroke Is Misdiagnosed and Mistreated
Stroke symptoms are often dramatic and unmistakable, including sudden facial drooping, arm weakness, and slurred speech. But not always. Strokes involving the posterior circulation, which includes the cerebellum and brainstem, frequently present with dizziness, nausea, imbalance, and double vision. These symptoms are routinely attributed to benign causes such as vertigo, inner ear problems, or migraines. This is one of the most common and most costly misdiagnoses in emergency medicine.
Common failures in stroke diagnosis and treatment our attorneys encounter include:
- Misattributing posterior circulation stroke symptoms to vertigo, labyrinthitis, or migraine without an appropriate neurological workup.
- Failing to perform a CT scan or MRI promptly in a patient with neurological symptoms.
- Missing the tPA administration window because of delayed evaluation, failure to obtain imaging in time, or failure to recognize that the patient was within the treatment window.
- Failure to activate the hospital’s stroke protocol (“Code Stroke”) when a patient’s symptoms clearly warranted it.
- Failure to recognize and evaluate a TIA with appropriate urgency, including imaging, cardiac monitoring, and antiplatelet therapy.
- Administering tPA to a hemorrhagic stroke patient, a catastrophic error that can dramatically worsen brain bleeding.
- Failure to arrange or perform mechanical thrombectomy in a patient with a large vessel occlusion who was within the treatment window.
- Discharging a patient with unrecognized stroke symptoms, leading to worsening injury after leaving the hospital.
- Failure to transfer a patient to a certified stroke center when the treating facility lacked the capability to provide appropriate stroke care.
Medical errors cause unimaginable harm. Let FHV Legal help you pursue justice. Call today for a free case review.
The TIA That Was Missed and the Stroke That Followed
One of the most preventable tragedies in stroke medicine involves a patient who experiences a TIA, a temporary neurological event that fully resolves, and is either not evaluated or sent home without adequate treatment. A TIA is a warning. Roughly 10-15% of patients who have a TIA will experience a full stroke within 90 days, and about half of those strokes occur within the first 48 hours.
Physicians who dismiss TIA symptoms as stress, anxiety, or “just a dizzy spell” without conducting a proper neurological examination, ordering brain imaging, and initiating preventive treatment may be setting their patients up for a devastating and entirely preventable subsequent stroke. FHV Legal has represented patients who suffered major permanent strokes after their TIA was not recognized or treated in a Florida emergency room.
Permanent Injuries from Stroke Misdiagnosis and Delayed Treatment
When stroke care is delayed or negligently managed, the resulting brain damage can be profound and permanent. Patients may suffer:
- Hemiplegia or hemiparesis, paralysis or weakness on one side of the body.
- Aphasia, the loss of the ability to speak, understand language, read, or write.
- Dysphagia, difficulty swallowing, which can lead to aspiration pneumonia and further complications.
- Cognitive impairment, including memory loss, executive dysfunction, and dementia-like symptoms.
- Visual field deficits, including the loss of half or part of the visual field in one or both eyes.
- Emotional and behavioral changes, including post-stroke depression, impulsivity, and personality changes.
- The need for lifelong care, including in-home assistance, rehabilitation therapy, or placement in a skilled nursing facility.
- Death, particularly in cases of large ischemic strokes or hemorrhagic strokes that were mismanaged.
The lifetime cost of caring for a patient with severe stroke-related disability can reach into the millions of dollars. Our attorneys work with neurologists, life care planners, and economic experts to build damages models that account for every element of a patient’s loss, from immediate medical expenses to the decades of care that may lie ahead.
Florida Stroke Centers and Hospital Accountability
Florida has a network of certified stroke centers, hospitals that have met specific standards for stroke diagnosis, treatment, and outcomes monitoring. Major facilities, including Jackson Memorial Hospital in Miami, Cleveland Clinic Weston, and Broward Health Medical Center in Fort Lauderdale, are expected to maintain the protocols, staffing, and technology needed to provide timely and effective stroke care.
When a certified stroke center fails to activate its own protocols, misses the treatment window, or discharges a stroke patient without appropriate care, the institutional failure is especially difficult to justify. FHV Legal has the experience and resources to take on Florida’s most well-defended hospital systems in these cases.
Florida Law and Stroke Malpractice Claims
Stroke malpractice cases in Florida are governed by Chapter 766 of the Florida Statutes. The statute of limitations is generally two years from when the patient or family knew or should have known that negligence caused the harm, with an outer limit of four years in most circumstances. In wrongful death cases, the clock typically runs from the date of death.
Florida’s pre-suit investigation requirement, including a corroborating expert opinion and notice to the defendant, applies to all stroke malpractice claims. FHV Legal manages this process entirely on your behalf, working with board-certified neurologists, emergency medicine physicians, and neuroradiologists to build the strongest possible foundation for your case.
We handle stroke malpractice cases throughout South Florida and statewide, litigating in the Miami-Dade Circuit Court, Broward County Courthouse, Palm Beach County Courthouse, and courts across Florida.
Frequently Asked Questions About Failure to Treat Stroke
How do I know if my loved one's stroke was misdiagnosed or mistreated?
Key indicators include: your loved one was seen in an ER with neurological symptoms and sent home without imaging; they were told their symptoms were vertigo, migraine, or anxiety; tPA was not offered or was offered too late; a TIA was dismissed without appropriate workup or treatment; or they suffered a major stroke within days of a prior ER visit where stroke was not diagnosed. A free case evaluation by FHV Legal can help determine whether the care they received met the standard.
What is tPA and what happens if it isn't given in time?
tPA (tissue plasminogen activator) is a clot-dissolving medication that is the standard of care for treating ischemic stroke when administered within 4.5 hours of symptom onset. When given in time, tPA can dramatically reduce disability by restoring blood flow to the affected brain tissue. When it is not administered because the stroke was not recognized, the diagnostic workup was delayed, or the treatment window was missed due to preventable factors, the resulting brain damage may be far more extensive than it needed to be.
Can I File a Claim if the Stroke Was Eventually Treated, but Just Hours Too Late?
Yes. Even a delay of hours can be significant in stroke medicine. If the delay resulted in a missed tPA window, prevented a timely thrombectomy, or allowed the ischemic area to expand beyond what would have occurred with prompt care, that delay may be the basis of a malpractice claim. Our attorneys work with neurologists to establish exactly what impact the delay had on your loved one’s outcome.
What if the stroke happened after a TIA that wasn't properly evaluated?
This is one of the most compelling stroke malpractice scenarios. A TIA is a medical emergency that carries a high short-term risk of subsequent stroke. Physicians who dismiss TIA symptoms without appropriate evaluation, imaging, and preventive treatment may be directly responsible for the stroke that follows. If your loved one suffered a major stroke days after a TIA was not evaluated or was sent home without treatment, you should speak with an attorney immediately.
What compensation can a stroke malpractice victim recover?
Recoverable damages in a stroke malpractice case may include all past and future medical expenses, the cost of rehabilitation and long-term care, lost wages and earning capacity, home modification costs, compensation for pain and suffering and loss of quality of life, and loss of consortium for a spouse. In wrongful death cases, surviving family members may also recover under Florida’s Wrongful Death Act. The value of these cases can be substantial given the lifelong nature of stroke disability.
Does FHV Legal handle stroke malpractice cases throughout Florida?
Yes. Freedland Harwin Valori Gander handles failure-to-treat stroke cases statewide. Our offices are in Fort Lauderdale and Coral Gables, and we represent clients from Miami, Weston, Boca Raton, Pembroke Pines, West Palm Beach, and communities throughout Florida. We bring the same level of dedication and expertise to every case we accept, wherever it arises in the state.
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ALL FIELDS REQUIRED
- ANESTHESIA & PACU ERRORS
- BIRTH TRAUMA
- EMERGENCY ROOM MISTAKES
- FAILURE TO DIAGNOSE OR MISDIAGNOSIS – CANCER
- FAILURE OR DELAY IN DIAGNOSIS OF SEPSIS
- FAILURE TO DIAGNOSE AND TREAT GESTATIONAL DIABETES
- FAILURE TO DIAGNOSE BREAST CANCER
- FAILURE TO DIAGNOSE HEART ATTACK
- FAILURE TO DIAGNOSE OR TREAT AORTIC DISSECTION
- FAILURE TO DIAGNOSE PNEUMONIA
- FAILURE TO DIAGNOSE PULMONARY EMBOLISM
- FAILURE TO TREAT STROKE
- HOSPITAL MALPRACTICE
- INTRAVENOUS INFILTRATION
- MEDICATION ERRORS
- MEDICATION OVERDOSE
- MISDIAGNOSIS
- NEGLIGENT FETAL MONITORING
- OB/GYN ERRORS
- PLASTIC SURGERY ERRORS
- PREOPERATIVE CLEARANCE ERROR
- RADIOLOGY ERRORS
- SPINE SURGERY MISTAKES
- STILLBIRTH & MISCARRIAGE MALPRACTICE
- SURGERY CENTER ERRORS
- SURGICAL ERRORS
- TYPES OF MEDICAL MALPRACTICE LAWSUITS
CASE RESULTS
TESTIMONIALS
999 Ponce De Leon Blvd
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