Failure to Identify Stroke on Imaging

If a stroke was missed on a CT scan or MRI, you’re likely feeling angry, scared, and full of questions. A failure to identify stroke on imaging can leave patients without the urgent treatment they need, leading to life-changing harm. We understand how devastating this experience is for you and your family, and we’re here to help. Our team has guided other Georgia families through similar crises with compassion and expertise. This page will explain what it means when a stroke is misdiagnosed on imaging, why these mistakes happen, how they impact patients, and what legal options you have.

Understanding a Missed Stroke on Imaging. When doctors or radiologists fail to see an active stroke on a brain scan, it’s more than just a medical oversight – it’s a dangerous diagnostic error. Strokes are medical emergencies where every minute counts. On imaging studies like CT scans and MRIs, a stroke can sometimes be subtle or easily overlooked. Missing a stroke on an image means the patient doesn’t get critical interventions (like clot-busting drugs or surgery) in time. In legal terms, this can constitute radiology malpractice or diagnostic negligence if a qualified professional should have recognized the stroke signs. Unfortunately, strokes are one of the most frequently misdiagnosed conditions – studies show roughly 1 in 6 strokes are initially missed. This problem is especially common in emergency settings, where fast decisions and heavy workloads can contribute to mistakes.

Why Strokes Get Missed on CT and MRI. There are several reasons a stroke might be misread or not seen on imaging. Often, an emergency room physician or radiologist may interpret a brain scan as “normal” when a small or early-stage stroke is present. Ischemic strokes (caused by blood clots) can be hard to spot on a standard CT scan in the first few hours. Hemorrhagic strokes (bleeds) usually show up on CT, but if the bleeding is small or in a tricky location, it can be overlooked. Common scenarios include:

• Subtle Early Signs: In the very early phase of an ischemic stroke, changes on a CT may be minimal. A rushed radiologist might miss a faint sign of a blockage or a tiny area of tissue change. MRIs are more sensitive but not always done immediately.
• Posterior Circulation Strokes: Strokes in the brainstem or cerebellum (back of the brain) are notoriously easy to miss. Research shows strokes in these areas are misdiagnosed far more often than those in the front of the brain. On imaging, a small brainstem stroke can hide among normal structures if the radiologist isn’t vigilant.
• Look-Alike Conditions: Some stroke images can mimic other issues. For example, an old stroke (scar tissue) might be mistaken for a new one, or vice versa. In one case, a brain arteriovenous malformation (AVM) was misinterpreted as a less urgent issue, when in fact it put the patient at risk of stroke.
• Communication Breakdowns: Sometimes the stroke is visible on the scan, but the radiology report isn’t communicated promptly. If an ER doctor doesn’t read the radiologist’s findings quickly – or a critical result is buried in jargon – treatment can be delayed or never given.
• Technical Errors: Incomplete or low-quality scans can also contribute. If the imaging slices miss part of the brain, or contrast dye wasn’t used when it should have been, important clues can be missed. Failing to order the right test (like not doing an MRI when stroke is suspected) is another frequent error in stroke cases.

Any of these failures can amount to negligence if a competent doctor in the same situation would have identified the stroke. In fact, diagnostic errors (often involving missed findings on tests) are the number one cause of serious malpractice harm in the U.S., and stroke is the top condition at issue. Radiologists have a tough job, but they are trained for it – yet about 4% of radiology interpretations contain errors. With millions of scans done nationwide, that small percentage means many patients are affected. Notably, over 70% of radiologists will face a malpractice claim in their career, and most claims stem from missing something critical on a scan. A missed stroke is exactly the kind of critical miss that can change a life forever.

Consequences of a Missed Stroke Diagnosis. The difference between catching a stroke early and missing it on a scan can be the difference between recovery and permanent disability – or even life and death. When treatment is delayed because a stroke wasn’t identified, the brain goes without blood flow longer. Every minute of untreated stroke means more brain cells dying. The outcomes of such delays are often dire:

• Permanent Neurological Damage: Patients may suffer paralysis, loss of speech, or severe cognitive impairments that could have been prevented or reduced with timely intervention. For example, if a clot-busting drug (tPA) isn’t given within the critical window because no one knew a stroke was happening, the patient can be left with irreversible damage.
• Higher Risk of Death: Some strokes, especially large vessel occlusions or bleeding strokes, are fatal without prompt treatment. A missed hemorrhagic stroke on a CT scan, for instance, might mean a life-saving surgery is never performed. Studies estimate that diagnostic mistakes in U.S. emergency rooms contribute to as many as 250,000 deaths each year, and stroke is a major part of that tragic statistic.
• Longer Recovery and Rehabilitation: Even for those who survive, a delayed diagnosis often means a tougher road ahead. Patients might require months of rehabilitation therapy that might have been avoided or shortened. They may never regain full independence, placing emotional and financial strain on families.
• Emotional Trauma: Patients and families experience a deep sense of betrayal and trauma when they learn that a treatable stroke was missed. Knowing that a loved one’s disability or loss might have been prevented is devastating. Families often grapple with anger, guilt, and the “what if” questions for years after.

The law recognizes these harms. Georgia, like other states, allows patients to seek justice when medical negligence causes such outcomes. From a legal standpoint, failing to diagnose a stroke when the signs were apparent on imaging (or obvious from symptoms) is a breach of the standard of care. Put simply, if a reasonably careful radiologist or doctor would have caught it, but yours did not, they can be held liable for the injury that results. Our firm has seen first-hand how a missed diagnosis can shatter a family’s life, which is why we fight to hold negligent providers accountable. No amount of money can undo the harm, but a malpractice claim can provide resources for the best care and stability going forward, and help prevent future tragedies by driving improvements in medical practices.

Radiology Malpractice and Legal Standards. Not every poor medical outcome is malpractice – the key is whether the medical professionals failed to meet the accepted standard of care. In the context of a missed stroke on imaging, the questions become: Did the radiologist or doctor act as a competent provider would have under the circumstances? Did they negligently overlook obvious signs of stroke on a scan or fail to order the proper tests? Answering these questions requires a thorough investigation. In a malpractice claim, our attorneys work with medical experts (often board-certified neuroradiologists and neurologists) to review exactly what happened. These experts know what a reasonably careful radiologist should notice on a head CT or MRI and what an emergency physician should do when stroke is suspected. If they conclude that your healthcare team missed clear red flags that should have been caught, that opinion forms the backbone of a malpractice case.

Legally, to prove a “failure to diagnose stroke” case, we must establish several elements. First, there was a duty of care – meaning the hospital, doctor, or radiologist had a professional responsibility to treat and diagnose you properly (this is usually straightforward, as a doctor-patient relationship clearly existed). Second, there was a breach of duty – in other words, they were negligent in their care. An example of breach is a radiologist failing to report an obvious clot seen on an MRI, or an ER doctor discharging a patient with stroke symptoms without ordering a scan. Third, we show causation – that this negligence directly led to harm. This often comes down to timing: if earlier treatment would have significantly improved the outcome, then the missed diagnosis is considered a cause of the worsened outcome. Finally, we document the damages – the losses and harms the patient suffered (medical bills, lost abilities, pain and suffering, etc.). All of this must be backed by evidence and expert testimony. Georgia law, like most states, requires an affidavit from a medical expert when filing a malpractice suit, certifying that the claim has merit. This means right from the start, a qualified doctor has reviewed the case and agreed that negligence likely occurred.

One unique challenge in stroke misdiagnosis cases is the element of time. Defense lawyers may argue that even with timely detection, the stroke would have caused severe damage anyway (for instance, some strokes are so massive that intervention might not change the outcome). Our job is to counter those claims with solid medical evidence – perhaps showing that the stroke was evolving and could have been halted, or that a procedure like a thrombectomy (clot removal) would have restored blood flow in time. We collaborate with leading stroke experts to recreate the timeline and demonstrate what should have happened versus what did happen. The confidence and thoroughness we bring to building your case often encourages hospitals to settle rather than fight. In fact, many malpractice cases do resolve in settlements once the evidence of negligence is clear.

Your Rights, Georgia Law, and Next Steps. Patients in Georgia have the right to expect competent emergency and radiology care. When that standard is violated, you have legal remedies – but it’s important to act within the time limits and requirements of Georgia law. Georgia’s statute of limitations for medical malpractice is generally two years from the date the injury occurred (with a few exceptions). That means if a stroke was misdiagnosed, the clock often starts running from the day the stroke happened or when the misdiagnosis caused harm. Georgia does not broadly delay the clock until you discover the error, so families must be vigilant. There’s also a strict five-year “statute of repose” in Georgia – no malpractice claim can be filed more than five years after the negligent act, no matter what. (For example, if a stroke was missed on a scan in 2020, any lawsuit would usually be barred after 2025, even if you only learned of the mistake later.) These deadlines make it crucial to consult an attorney as soon as you suspect something was wrong. If the patient has passed away or is incapacitated, a family member or estate representative can typically pursue the claim – Georgia law even allows spouses, children, or parents to file wrongful death actions when malpractice proves fatal.

Beyond the legal deadlines, there are practical steps patients and families should take if a stroke imaging error is suspected. First, request copies of all medical records and the actual imaging studies (the CT/MRI files). By law, you are entitled to these. The scans can be reviewed by an independent neuroradiologist to see if the stroke signs were evident. Second, keep a journal of everything you remember – symptoms that were occurring, who said what, and when. These details can be very useful later. Third, consider getting a second medical opinion about the patient’s condition; sometimes another treating neurologist’s perspective on how the care proceeded can shed light on what went wrong. Finally, and most importantly, speak with an experienced medical malpractice lawyer who handles stroke and radiology cases. Malpractice claims are complex and expensive to pursue, but firms like ours operate on a contingency fee – meaning it costs nothing upfront and we only get paid if we win compensation for you. This allows you to get legal help without added financial stress.

Stroke Misdiagnosis Case Results

• $9.9 Million Settlement – Radiology Misdiagnosis: Our firm secured a $9.9M recovery for an Atlanta-area family after a radiologist failed to diagnose a brain AVM (arteriovenous malformation) on imaging. The untreated AVM led to a massive stroke. This record-setting radiology malpractice settlement helped the patient’s family cover long-term care and hold the negligent provider accountable.
• $3.0 Million Settlement – Missed Stroke in the ER: Obtained on behalf of a patient who was sent home from the emergency department with “vertigo” while actually suffering a stroke. By the time the stroke was correctly diagnosed, he had permanent balance and coordination problems. The compensation is helping fund his rehabilitation and support his family, and the hospital implemented new stroke triage protocols as a result of the case.
• $1.9 Million Settlement – Misread Head CT Scan: Awarded to our client after an ER radiologist overlooked an ischemic stroke on a head CT scan. The delay in treatment caused extensive brain injury. Our legal team demonstrated that clear early signs of the stroke were visible on the initial scan, resulting in a substantial settlement for the victim’s ongoing medical needs.

You don’t have to face the aftermath of a misdiagnosed stroke alone. Our dedicated team of stroke misdiagnosis and radiology malpractice attorneys is here to answer your questions, investigate what went wrong, and fight for accountability. We know this road because helping medical malpractice victims is all we do – and we have a track record of success across Georgia. If you or a loved one suffered harm because a stroke was missed or misinterpreted, let us help you seek answers and justice. Contact us today for a free, no-obligation consultation. You’ll speak directly with an experienced Atlanta malpractice lawyer who understands the stakes and will explain your options with compassion and honesty. There are no upfront costs, and you pay no fee unless we win your case. Don’t wait to get the help and answers you deserve – reach out now, and let us shoulder the legal burden so you can focus on healing.