As with many medical diseases and conditions, stroke patients typically have the best outcomes when diagnosed early and given the right treatment. There are specific protocols that physicians are expected to follow for those who suffered from a stroke. If there is a delay in diagnosis or the wrong treatment is given, the results may be permanently life-altering or even life-threatening.

Patients and families who experience this kind of medical care may feel like they have nowhere to turn and simply must live with the outcome. A Troy stroke malpractice lawyer could offer them hope in the form of legal assistance. With a skilled malpractice attorney’s help, you may be entitled to compensation for your injuries.

The Stroke Malpractice Lawsuit Process

Most plaintiffs of stroke malpractice decide to hire legal counsel to represent their legal interests in the case. After a case evaluation to determine if the case has merit and meets certain qualifications, a stroke malpractice attorney in Troy could begin to research who is responsible for the damages to the plaintiff.

The formal process of a malpractice lawsuit begins when an attorney files the complaint as noted in New York Civil Practice Law & Rules §304. This could happen any time after the case evaluation—as soon as the next day, or even up until the statute of limitations of two years and six months is about to expire.


After the lawsuit is filed, both sides would gather evidence and research information in what is known as the discovery process. Relevant information may include medical records, insurance policies, witness, plaintiff, sworn depositions of defendants, and even social media postings. Once found, the two sides would then share this information with each other.


Typically, a stroke malpractice lawsuit resolves either through a mutually agreed-upon settlement or a jury trial. Several attempts at a settlement can be made before a case goes to trial. While most cases are resolved in this way, many are not.

Anatomy of a Stroke Malpractice Lawsuit

Proving a stroke malpractice case to a civil court or giving the defendant reason to settle typically involves a Troy stroke malpractice lawyer being able to prove the lawsuit has merit. To have merit, a malpractice lawsuit must have the following:

  • A defendant who owed a duty of care to the patient
  • A breach of duty by the defendant
  • Injury to the patient caused by the breach of duty
  • Damages stemming from the same injury

Without the court being convinced of these key elements, a lawsuit is likely to be unsuccessful. As an example, when a plaintiff comes into the emergency room, an emergency room physician assumes a duty of care by the nature of their employment. By not appropriately diagnosing and treating the patient, that duty could have been breached. If the plaintiff suffered increased medical bills, lost wages, and pain and suffering caused by the delay in receiving appropriate treatment, they may be eligible to recover compensation.

Get in Touch with a Troy Stroke Malpractice Attorney

While medicine is not always an exact science, there are standards of care that all medical professionals are expected to uphold. If they do not, patients may suffer serious harm or even death.

An experienced Troy stroke malpractice lawyer understands how the law and medicine overlap in stroke malpractice cases and could work towards getting you the compensation you deserve for your injuries and losses. To learn more about your rights and legal options after a delay in stroke treatment, call today.