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ARTICLE · 05 FEBRUARY 2026

Missed Or Delayed Stroke Diagnosis: Legal Options And Why Early Treatment Matters

A missed or delayed stroke diagnosis can have serious adverse effects, including brain damage, paralysis, permanent disabilities, and even death. Because of these serious adverse effects...

CanadaLitigation, Mediation & Arbitration

What is a missed or delayed stroke diagnosis?

A missed or delayed stroke diagnosis can have serious adverse effects, including brain damage, paralysis, permanent disabilities, and even death. Because of these serious adverse effects, it is important for stroke to be considered and ruled out when a patient reports relevant complaints.

Missed or delayed stroke diagnoses, including Transient Ischemic Attack (TIA), or "mini-stroke" can occur because the reported complaints are mistaken for other conditions such as:

  • headaches;
  • dizziness;
  • intoxication;
  • anxiety;
  • vertigo; or
  • other mental health conditions.

This misdiagnosis or failure to consider stroke in the differential diagnosis and to "rule out" stroke, can often occur in the emergency department. It can lead to the failure to perform a proper neurological examination or order the appropriate radiological imaging (such as a CT or CTA), which may have led to a proper stroke diagnosis.

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