MIami Stroke Malpractice Lawyers

On Behalf of | Sep 23, 2020 | Medical Malpractice

Our lawyers specialize in Stroke cases. Strokes are the third leading cause of deaths in the United States.  Each year, about 800,000 individuals suffer a stroke in the Country.  It is estimated that 140,000 individuals die as a result of a stroke. 

A Stroke occurs when blood flow to the brain stops.  It is often caused by a blood clot or a rupture of an artery in the brain.  When doctors fail to identity or properly treat a stroke, victims are left to deal with dire consequences for the rest of their lives.  Lifelong disability, constant medical care and inability to work are common among stroke victims. 

Proving malpractice/negligence in a stroke related injury case requires four basic elements.  The Plaintiff must prove that:  

  • The Defendant owed a duty of Care in the given situation. 
  • The Defendant failed to meet or execute that duty.  This is known as falling below the standard of care
  • The plaintiff suffered damages, and 
  • The damages were the result of the defendant’s breached duty. 


A variety of medical conditions increase the risk of having a stroke.  These include:- 

  • High Blood Pressure. 
  • Diabetes. 
  • Atherosclerosis from High Cholesterol. 
  • Blood Vessel malformations. 

Besides the above, strokes are often the result of prolonged use of certain prescription drugs and traumatic accidents suffered by victims.  On many occasions, health care providers misdiagnose strokes or diagnose the medical condition long after extreme physical and mental impairment is caused to the victim. 


It is the duty of a doctor to fully evaluate anyone showing the slightest symptoms of Stroke.  Stroke symptoms often include :- 

  • Extreme Headache. 
  • Loss of balance or Coordination. 
  • Inability to speak or communicate. 
  • Dizziness. 
  • Weakness or numbness on one particular side of the body. 
  • Loss of vision. 
  • Paralysis. 


The three man types of stroke are, 


Almost 87% of strokes are ischemic strokes.  An ischemic stroke happens when blood flow through the artery that supplies oxygen rich blood to the brain becomes blocked.  Blood clots often cause the blockages that lead to ischemic strokes. 

  • HEMORRHAGIC STROKES. A hemorrhagic stroke occurs when an artery in the brain leaks blood or ruptures.   
  • TRANSIENT ISCHEMIC ATTACK (TIA). A transient ischemic attack (TIA) is called s mini-stroke. It is different from the other types of strokes because in TIA the blood flow to the brain is blocked only for a short time.  A TIA is a warning sign of a future stroke. 


Doctors can prevent a stroke by administering proper timely treatment.  Doctors should: 

  • Study and analyze the medical records and history. 
  • Perform a thorough physical examination. 
  • Recognize warning signs of a stroke and give prompt treatment. 
  • Diagnose strokes and TIAs in a timely manner. 
  • Properly read and study lab test results. 
  • Follow proper testing, evaluation and treatment protocols. 
  • Refer patient to a neurological specialist or a specialized hospital in time. 


There are specific time limits, restrictions and rules for filing a claim for a stroke malpractice in Florida.  An experienced stroke malpractice lawyer in Miami ensures that you fully understand the Federal, State and Local laws that might apply to your case. Florida statute of Limitations for a Stroke related lawsuit is two years after the stroke occurred. In general terms, a victim of a stroke malpractice has 2 years from the date of the negligent treatment or 2 years from the discovery of injuries suffered due to the stroke to file a lawsuit.


Our Miami stroke lawyers seek to get maximum compensation for the victim of a stroke malpractice and help the victim and his or her family explore other options and alternative ways to seek additional compensation for injuries sustained. 

Strokes can cause permanent brain damage.  As a result, those affected need a lifetime of round-the-clock at-home nursing care, or may need to be moved to a nursing home. Victims of a Stroke may require extensive physical and occupational therapy for a long time, or even for the rest of their lives. 

It is critically important for those who have suffered a stroke due to the negligence of a medical professional, to obtain adequate compensation. 

The amount of compensation that a victim recovers also hinges on other factors such as severity of the injuries, circumstances surrounding the stroke etc.  In general, a victim may be entitled to recover compensation for :- 

  • Medical Bills. 
  • Lost Wages. 
  • Costs of rehabilitation therapy. 
  • Loss of earning capacity. 
  • Damages suffered due to Pain and Suffering. 
  • Damages suffered due to anguish and emotional distress. 
  • Costs of future corrective surgeries. 
  • Damages suffered due to loss of enjoyment of life. 


Our qualified and experienced attorneys possess in depth knowledge and experience to assist you and your family to navigate through complex medical malpractice laws.   Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of Stroke malpractice and negligence related injuries in Miami and all across Florida. 

Our team of Miami Stroke Malpractice Attorneys does the following for our clients while investigating a claim:- 

  • Gather and analyze the Victim’s medical records and Neuroimaging studies. 
  • Review the stroke victim’s medical records and neuroimaging studies in consultations with Physicians who possess expertise in Stroke care. 
  • Secure additional evidence.  
  • Determine if timely and appropriate stroke care was administered to the victim. 
  • Determine if appropriate stroke care would have made a difference if provided in time. 
  • Contact Insurance companies of the negligent health care provider and establish a claim. 
  • Take the victim’s case to Court if the need arises. 


If you or your loved one has been a victim of a Stroke Malpractice in Florida, you deserve to be duly compensated for the injuries suffered and other damages.  Call an experienced stroke injury lawyer at our firm for a free case evaluation right away. 

Mark Kaire has been practicing law in Miami for nearly 30 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami’s legal issues for many years.