Stroke Misdiagnosis Lawyer in Austin
When a Missed Diagnosis Changes Everything: Austin Stroke Malpractice Claims
A stroke misdiagnosis happens when a medical provider fails to recognize stroke symptoms or attributes them to a less serious condition, delaying or preventing treatment. Because brain tissue is lost for every minute blood flow remains disrupted, even a brief diagnostic delay can permanently alter a patient’s recovery. When that delay results from a provider’s failure to meet the standard of care, it may support a medical malpractice claim.
Briggle & Polan, PLLC handles stroke misdiagnosis claims for individuals and families in Austin. Our approach centers on thorough investigation, strategic trial preparation, and aggressive advocacy built around the specific causation demands these cases require.
If you believe a missed or delayed stroke diagnosis in Austin caused serious harm, contact us today at (512) 400-3278. We offer free consultations with no upfront cost.
millions recovered for our clients
Landmark verdicts and settlements that speak for themselves
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Our client was hit head-on by a drunk teenager in front of an elementary school, flipping their vehicles.
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Our client was t-boned by a large package delivery truck that was traveling in excess of 70 mph. He sustained a severe neck injury that required spinal surgery. Our firm recovered $1,800,000 on behalf of our client.
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Our client was thrown off the back of a work truck, which fractured his skull and caused him to suffer a traumatic brain injury. *Net proceeds to the client were $900,052.11.
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Our client was run over by a drunk driver operating a company truck late at night which required multiple surgeries and months of rehabilitation. *Net proceeds to our client were $571,000.00.
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Our client was rear-ended by a large package delivery truck on I-35, which fled the scene. *Net to client was $461,708.19.
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Our client was rear-ended by an insurance adjuster in a commercial vehicle causing severe back and neck injuries. *Net to the client was $346,766.03.
Working Directly With Your Attorney on a Stroke Misdiagnosis Claim
Causation-heavy cases like stroke misdiagnosis don’t benefit from being handed off. At Briggle & Polan, PLLC, clients work directly with the attorney managing their file, not junior staff. Attorney Hayden Briggle has been named to the Texas Super Lawyers list every year from 2019 through 2025. We’re available around the clock, willing to travel to meet clients wherever they’re most comfortable, and we provide ongoing case updates throughout the process. We also offer services in multiple languages.
Our litigation posture matters in these cases. We’ve recovered millions of dollars in settlements and verdicts for injured clients, and we prepare every case as though it may go to trial, because sometimes it does.
Stroke Malpractice Scenarios We Evaluate
Not every bad outcome from a stroke becomes a malpractice claim, but some diagnostic failures may fall below the standard of care. We evaluate cases involving:
- Delayed or omitted imaging: Failure to order timely CT or MRI scans when stroke symptoms are present
- Premature discharge: Sending a patient home with unresolved stroke symptoms before a full workup is complete
- Failure to consult neurology: Not involving a neurologist when a stroke screen is positive
- Missed transfer obligation: Failing to transfer a patient to an advanced-capable facility when the treating hospital lacks the resources for intervention. Dell Seton Medical Center at The University of Texas in Austin holds Comprehensive Stroke Center certification, and that standard informs how transfer decisions are evaluated.
Compensation in a Texas Stroke Misdiagnosis Case
Texas doesn’t cap economic damages in medical malpractice claims. Past and future medical costs, lost earning capacity, and other financial losses may be recoverable. Non-economic damages, such as pain and suffering, are subject to caps under Texas Civil Practice and Remedies Code Section 74.301: generally $250,000 per provider, up to $500,000 when multiple health care institutions are involved.
When a stroke misdiagnosis results in death, surviving family members may pursue a wrongful death claim for losses including loss of companionship and funeral expenses. These cases carry the same filing deadlines and procedural requirements as other medical malpractice claims.
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“If you are looking for excellent and honest attorneys, call them. You will not be disappointed.”- Paige
medical malpractice FAQs
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A common sign of medical malpractice is when the standard of care has not been met, resulting in harm to the patient. This can include unnecessary surgeries, prescribing the wrong medication, or failing to order appropriate tests. Recognizing these signs often requires a nuanced understanding of medical procedures and practices. Patients should be alert to unexpected outcomes where the explanation from medical professionals seems insufficient or overly complex. If you suspect malpractice, consulting with a physician malpractice attorney in Austin can be instrumental in determining the legitimacy of your concerns. At Briggle & Polan, PLLC, our attorneys are well-versed in examining these factors, ensuring that each concern is addressed with the thoroughness it deserves.
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Texas laws on medical malpractice significantly impact how claims are pursued and the potential compensation available. The state imposes a cap on non-economic damages, such as pain and suffering, at $250,000 for individual healthcare providers. Additionally, there is a two-year statute of limitations from the date of injury, which means that action must be taken within this timeframe to seek legal recourse. Understanding these legal frameworks can be daunting, but they are critical in shaping the outcome of a claim. At Briggle & Polan, PLLC, we provide indispensable insights into how these regulations may affect your situation, ensuring proactive and strategic legal counsel.
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If you suspect you are a victim of physician malpractice, it is vital to act quickly. Begin by documenting your experiences, including treatments received and consultations had with the healthcare professional. Obtain copies of your medical records, which will be integral to legal action. Seek another medical opinion to better understand your condition and any discrepancies in prior care. Consulting a physician malpractice lawyer in Austin can enable you to assess the strength of your claim. Briggle & Polan, PLLC offers free consultations, making exploring your legal options easier without an initial financial burden.
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Documentation plays a pivotal role in crafting a robust malpractice claim. Medical records are an objective account of the care provided, detailing everything from diagnostics to treatment plans. They are indispensable in demonstrating whether the standard of care was breached. Detailed record-keeping can illuminate deviations from routine treatment procedures, highlighting potential negligence. Besides supporting your claim, documentation can effectively counteract any conflicting statements. Partnering with attorneys like those at Briggle & Polan, PLLC ensures that these records are meticulously examined, laying the groundwork for a strong and persuasive claim.
Out Of Pocket,
