Boutique Trial Representation for Miami Families After a Missed or Delayed Stroke Diagnosis
A stroke is one of the few medical emergencies where minutes determine outcomes. Brain cells die at a rate of roughly 1.9 million per minute without treatment, and for ischemic stroke (the type caused by a blocked artery), tPA (tissue plasminogen activator, a clot-dissolving medication) must be administered within a narrow time window that a missed diagnosis can forfeit entirely. When an emergency room physician, neurologist, or radiologist fails to recognize a stroke in progress, the resulting delay doesn’t just slow care. It closes the door on some of the most effective interventions available.
We handle stroke misdiagnosis cases for individuals and families across Miami who have been left with preventable, life-altering neurological damage. Raposo & Lukacs prepares every case for trial from day one, backed by a record that includes a $40 million wrongful death jury verdict and an $8 million wrongful death verdict ranked among Florida’s top jury verdicts in 2024. We offer bilingual representation in English and Spanish, and we’re available around the clock when questions can’t wait.
If a missed or delayed stroke diagnosis harmed you or someone you love, call our Miami medical malpractice attorneys today at (305) 575-2177. We take cases on contingency, so there are no attorney fees unless we recover for you.
Stroke misdiagnosis claims routinely pit patients against large hospital systems and their insurers. These defendants have experienced legal teams, deep resources, and an institutional interest in minimizing liability. We know how that defense operates from the inside. Our founding partner spent years representing insurance defense firms before moving to the plaintiff’s side, giving us a clear view of how carriers set reserves, assign value to claims, and work to shift blame. That knowledge shapes how we build and present each case.
We’ve successfully challenged major healthcare systems, insurance carriers, and government entities in complex litigation. Our results in medical malpractice and wrongful death cases have consistently reached seven- and eight-figure amounts. We hold an AV Preeminent® rating from Martindale-Hubbell, the highest peer rating for legal ability and professionalism, and we’re recognized by Best Lawyers in America, Super Lawyers, and the Million Dollar and Multi-Million Dollar Advocates Forums.
Damages in catastrophic stroke cases extend well beyond initial hospitalization. We work with life care planners and economists to project the full lifetime cost of a client’s injuries, including future medical care, rehabilitation, home modifications, and lost earning capacity. That analysis is the foundation of a damages claim that reflects what a family may actually need, not what an insurer finds convenient to offer. We represent all clients on a contingency fee basis, so cost is never a barrier to pursuing accountability.
How Stroke Misdiagnosis Happens in Emergency & Hospital Settings
Strokes are frequently misidentified because their symptoms overlap with several less urgent conditions. A patient presenting with sudden dizziness, slurred speech, facial drooping, or limb weakness may be assessed as having a migraine, benign vertigo, a post-seizure state, a diabetic episode, or even intoxication. When a provider anchors on one of those alternative explanations without ruling out a neurological cause, the stroke goes untreated.
These are the clinical and institutional failures most commonly at issue in stroke misdiagnosis cases:
Failure to order imaging: Skipping or delaying a CT scan or MRI based on a presumed non-neurological diagnosis is one of the most direct forms of diagnostic negligence.
Misreading or failing to follow up on imaging results: An inconclusive scan that isn’t reviewed promptly or escalated appropriately can represent a breach of the standard of care.
Incomplete patient history: Failing to identify prior stroke risk factors or recognize atypical presentations, particularly in younger patients, contributes to missed diagnoses more often than providers acknowledge.
Failure to consult a neurologist: When stroke is a plausible explanation for a patient’s symptoms, not requesting a specialist consultation can be an actionable omission.
Provider bias: Attributing symptoms to intoxication without ruling out neurological causes, or assuming younger patients can’t be having a stroke, is a bias the law doesn’t excuse.
Institutional failures: Understaffing, poor training, inadequate supervision, and miscommunication during patient handoffs are systemic factors courts have recognized as contributing to diagnostic failures. A hospital’s liability doesn’t end with its individual providers.
A stroke misdiagnosis case requires more than showing that a provider made the wrong call. We must establish that the provider deviated from the accepted standard of care and that the deviation, not the stroke itself, caused or materially worsened the patient’s outcome. That causation question is medically complex, and it requires careful evidentiary work that separates a trial-ready case from one that stalls in pre-suit proceedings.
Evidence & Expert Testimony
We start by securing the complete medical record: emergency room intake notes, CT scan and MRI logs, treating physician notes, nursing records, and discharge summaries. We then work with qualified medical professionals to establish what a similarly trained provider should have done given the same clinical presentation, and where the actual care fell short. When a hospital’s own protocols, staffing decisions, or credentialing failures contributed to the missed diagnosis, we pursue that institutional liability as well. Under the doctrine of respondeat superior, hospitals can be held vicariously liable for the negligent acts of their employed physicians and staff.
Calculating the Full Scope of Damages
We bring in life care planners and economists to calculate the full financial impact of the injury over the patient’s lifetime: future medical care, rehabilitation, home modifications, lost wages, and diminished earning capacity are all quantified. When a misdiagnosed stroke proves fatal, recoverable damages can include wrongful death claims under Florida’s Wrongful Death Act, covering loss of support, loss of companionship, and mental pain and suffering for qualifying survivors. We also connect clients with trusted medical professionals to support their ongoing recovery, not just their legal claim.
Florida’s Legal Framework for a Stroke Misdiagnosis Claim
To pursue a medical malpractice claim in Florida, a plaintiff must establish four elements: a duty of care existed (a doctor-patient relationship was formed), the provider breached the applicable standard of care, that breach directly caused or worsened the injury, and actual damages resulted. Each element requires specific proof, typically supported by expert medical testimony.
Who Can Be Held Liable
Liability in a stroke misdiagnosis case may extend to multiple parties. Individual providers who may bear responsibility include emergency room physicians, radiologists who misread or failed to act on imaging, neurologists who weren’t consulted or who failed to recognize the presentation, and nurses whose documentation or escalation failures contributed to the delay. Hospitals may be vicariously liable under respondeat superior for the negligence of their employed staff, and may also face direct liability for inadequate protocols, staffing deficiencies, or failure to properly credential their providers.
Recoverable Damages
Economic damages can include emergency and ongoing medical expenses, rehabilitation costs, lost wages, and reduced earning capacity over the patient’s remaining working life. Non-economic damages cover pain and suffering, mental distress, loss of enjoyment of life, and disability. Where a misdiagnosed stroke causes death, Florida’s Wrongful Death Act permits qualifying surviving family members to seek damages for loss of support and services, loss of companionship, and mental pain and suffering.
Florida follows a pure comparative negligence rule: if any percentage of fault is attributed to the plaintiff, the available recovery is reduced by that percentage, but isn’t eliminated. Before filing suit, Florida law requires plaintiffs to serve a formal pre-suit notice of intent to sue on each healthcare provider named in the claim. The 90-day pre-suit investigation period that follows tolls (pauses) the statute of limitations, but the notice itself must be served before the limitations period runs.
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Florida’s Deadlines for Stroke Misdiagnosis Claims
Under Florida Statutes section 95.11(5)(c), a medical malpractice action must generally be filed within two years from the date of the incident or from when it was discovered (or reasonably should have been discovered). A four-year statute of repose sets the outer boundary from the date of the incident, with limited exceptions for fraud or concealment that can extend that period to seven years, and a separate provision allowing minors until their eighth birthday. Wrongful death claims arising from a misdiagnosed stroke carry their own two-year deadline under section 95.11(5)(e), running from the date of death.
These deadlines are unforgiving, and the time before they run matters in practical terms. Medical records can be difficult to obtain and, depending on facility retention policies, may be destroyed over time. Imaging logs, nursing notes, and intake documentation need to be preserved before routine destruction schedules catch up with them. We can send preservation letters to hospitals and providers early in the process, securing the evidence before access becomes an issue.
We’re available 24/7 and offer free consultations. If you’re trying to understand whether a missed stroke diagnosis may give rise to a claim, don’t wait. Call Raposo & Lukacs at (305) 575-2177 to speak with a Miami stroke misdiagnosis attorney at no cost and with no obligation.
Frequently Asked Questions
Can a hospital be held liable if an emergency room doctor missed a stroke diagnosis? Yes. A hospital may be vicariously liable under respondeat superior for the negligent acts of its employed physicians and staff. Hospitals can also face direct liability for inadequate protocols, staffing deficiencies, or failure to supervise and credential providers properly.
Our family lost a loved one after a stroke that was misdiagnosed. Can we still pursue a claim? Florida’s Wrongful Death Act allows qualifying surviving family members to seek damages, including loss of support and services, loss of companionship, medical expenses incurred before death, and mental pain and suffering. The wrongful death statute of limitations is two years from the date of death.
What Types of Evidence Are Used in a Stroke Misdiagnosis Case? Evidence typically includes emergency room intake notes, CT scan and MRI logs, treating physician notes, nursing records, and discharge summaries. Expert medical testimony is also required to establish what the standard of care required and how the provider’s conduct fell short of it.
Does Florida’s Comparative Negligence Rule Affect a Stroke Misdiagnosis Claim? Under Florida’s pure comparative negligence system, any percentage of fault attributed to the plaintiff reduces the available compensation proportionally but does not bar the claim entirely.
When the stakes are high, you need a legal team that won’t flinch. We are aggressive, strategic, and relentless in our pursuit of justice. Our track record speaks for itself—when we take on a case, we fight to win.
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High-value cases demand precision, experience, and fearless representation. We take on the toughest legal battles, standing firm against powerful opponents to secure the best possible outcome for our clients.
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We don’t handle minor claims—we focus on complex, high-stakes cases where the results matter most. Our firm is built on the principles of aggressive litigation, tactical strategy, and an unwavering commitment to winning.
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Your legal battle isn’t just another case to us—it’s your future, your financial security, and your peace of mind. We take a personal stake in every case we handle, fighting with determination to deliver the justice and compensation you deserve.
