I have been researching misdiagnosis of stroke compensation on behalf of my wife and cannot find where in the Book of Quantum it says how much compensation for the misdiagnosis of a stroke she should receive. Can you help?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

Answer:

The reason for not finding any details about misdiagnosis of stroke compensation in the Book of Quantum is that, under the Personal Injuries Assessment Board Act 2003, the Injuries Board Ireland assesses applications for compensation “other than a personal injury arising out of medical negligence”. As the misdiagnosis of a stroke would be classified as medical negligence and a claim resolved by medical opinion rather than tangible evidence, the Injuries Board Ireland will decline to assess any application for the misdiagnosis of a stroke compensation submitted to them.

The symptoms that your wife displayed “at the circumstances and at the time” of her stroke could have been very close to the symptoms of other conditions – especially if your wife is a younger woman with a lifestyle that would not suggest she was at risk from suffering a stroke – and, even if medical negligence was eventually confirmed, the Injuries Board Ireland would still be unable to proceed with an assessment of your wife´s claim for compensation for the misdiagnosis of a stroke.

In order for misdiagnosis of a stroke compensation claims to be successful, it has to be shown that a “competent” physician would have identified the symptoms of the stroke correctly and that your wife suffered an avoidable injury – or had her recovery delayed – due to not having intensive stroke care within the first two weeks. If these conditions are satisfied, your wife will be able to claim compensation for the misdiagnosis of a stroke.

How much compensation for the misdiagnosis of a stroke she is entitled to is going to depend on the severity of the stroke in relation to her age and any previously identified causative health issues. If your wife is a younger woman, how the misdiagnosis of the stroke has affected her quality of life and her ability to continue working will also be taken into account.

Your research into the misdiagnosis of a stroke has probably shown that there is a very wide range of disabilities that stroke victims experience – from affected speech to significant paralysis – and therefore without a full assessment of your wife´s condition it would be impossible to inform you how much compensation for the misdiagnosis of a stroke she may finally receive.

It would be advisable for you to discuss the circumstances surrounding the misdiagnosis of your wife´s stroke with an experienced medical negligence solicitor, not only to determine how much compensation for the misdiagnosis of a stroke she may be entitled to, but also to arrange an appointment with a competent physician to review your wife´s medical history and establish that you have a claim for compensation for the misdiagnosis of a stroke which is worth your while to pursue.