The Hidden Crisis of Stroke Misdiagnosis

Each May, during American Stroke Month, we focus on educating the public about stroke prevention and recognizing early warning signs. But at Rafferty Domnick Cunningham & Yaffa, we believe this month is also a time to speak honestly about a serious problem we see far too often: stroke misdiagnosis.

Strokes are medical emergencies that require immediate action. The phrase “time is brain” is more than just a saying—it’s a medical fact. Every minute a stroke goes untreated, 1.9 million brain cells die. Delays in diagnosis and treatment can mean the difference between a full recovery and permanent disability—or even death.

The Hidden Crisis of Stroke Misdiagnosis

Unfortunately, strokes are misdiagnosed more frequently than most people realize. Research shows that nearly 10% of strokes are initially misdiagnosed, often as migraines, vertigo, intoxication, or anxiety. These errors are especially common among younger patients, women, and people of color, highlighting troubling disparities in the way care is delivered.

At our firm, we’ve represented clients and families who walked into emergency rooms with clear symptoms—such as slurred speech, facial drooping, sudden confusion, or weakness on one side—only to be dismissed or sent home without the proper testing. By the time they returned, the damage was already done.

These are not isolated incidents. They’re the result of systemic issues in emergency medicine:

  • Failure to order brain imaging. CT scans and MRIs are essential for accurate stroke diagnosis, yet they are sometimes skipped—especially in patients who don’t fit the “typical” stroke profile.
  • Lack of standardized stroke protocols. Tools like the NIH Stroke Scale or BE FAST checklist are designed to catch strokes early, but not all emergency departments use them consistently.
  • Implicit bias. Medical research has shown that women and people of color are more likely to have their symptoms overlooked or misattributed to non-neurological causes. That leads to dangerous delays in care.

When medical professionals fail to follow established guidelines or miss clear warning signs, it can constitute medical malpractice. At RDCY, we work to hold healthcare providers accountable—not just to help families get justice, but to encourage meaningful changes in how stroke care is delivered.

So what can be done?

  • Education is key. Patients and families should know the signs of stroke.
  • Hospitals must do better. Emergency departments should have mandatory stroke protocols and ensure all staff are trained to follow them.
  • Technology should play a role. Some hospitals are using artificial intelligence to analyze triage data and flag potential stroke cases faster. These tools should become more widely available.
  • Transparency matters. Hospitals should track and publicly report stroke misdiagnosis rates. Sharing this data can lead to better care for everyone.

Strokes don’t always look the same, and that’s part of what makes them challenging to diagnose. But variation in symptoms should never lead to variation in care. The systems exist to improve outcomes—we just need to make sure they’re used consistently, fairly, and without bias.

At RDCY, we’ve seen firsthand how stroke misdiagnosis can change lives forever. If you or someone you love has been harmed by delayed or improper stroke care, you may have legal options. More importantly, you deserve answers.

Because when it comes to stroke, every second really does count.

Contact Rafferty Domnick Cunningham & Yaffa Today

Stroke misdiagnosis can have life-altering consequences. Acting quickly to understand your rights and pursue compensation can make a significant difference in your recovery and long-term stability. An experienced medical malpractice attorney will guide you through every step—helping you gather evidence, file your claim, and fight for the justice you deserve.

If you or a loved one have suffered due to a missed or delayed stroke diagnosis in Florida, don’t wait. Contact Rafferty Domnick Cunningham & Yaffa today to schedule a confidential consultation and explore your legal options.

Related Practice Resources

Have Questions About A Possible Delay in Stroke Care?

Call us or request a case review by our experts.

Rafferty Domnick Cunningham & Yaffa attorneys

Need Help Understanding A Possible Delay in Stroke Care?

Call us or request a case review by our experts.

Rafferty Domnick Cunningham & Yaffa attorneys

NOTABLE RESULTS

Selected medical malpractice and broader catastrophic injury results reported by RDCY:

$31,000,000 catastrophic injury result · $2,500,000 medical malpractice settlement

Read more about these results

RDCY’s notable-cases page lists a $31,000,000 catastrophic injury result in Fort Lauderdale. This is a broader firm result; the source does not identify it as a settlement or verdict or specify the type of accident. Read the published result.

RDCY’s January 25, 2023 announcement identifies a $2,500,000 medical malpractice settlement among Nicole Kruegel’s recent resolutions. It does not identify the medical error or case location. Read the published result.

Prior results do not guarantee a similar outcome. Each case is different and must be evaluated on its own facts.

WHAT OUR CLIENTS SAY

General feedback about working with Rafferty Domnick Cunningham & Yaffa, excerpted from five-star Google reviews with written comments. Reviews reflect individual experiences.

“GREAT LAW FIRM!!”

— Julie

Read Julie’s review on Google

“DCY is amazing.”

— Katrina

Read Katrina’s review on Google

Professional Recognition

Selected credentials, honors and professional service of RDCY attorneys:

  • Sean Domnick — Board Certified in Civil Trial Law by The Florida Bar; also certified in Civil Trial Law by the National Board of Trial Advocacy. Source
  • Sean Domnick — Best Lawyers “Lawyer of the Year” for Medical Malpractice Law – Plaintiffs, West Palm Beach, 2024. Source
  • Nicole Kruegel — Best Lawyers: Ones to Watch, Medical Malpractice Law – Plaintiffs, 2024–2027. Source
  • Nicole Kruegel — Lawdragon X – Next Generation, Plaintiff Medical Malpractice and Birth Injury, 2026. Source
  • Nicole Kruegel — selected to Florida Super Lawyers, 2025–2026. Source
  • Sean Domnick, Nicole Kruegel, Fred Cunningham, Troy Rafferty and Gregory Yaffa — selected to the 2025 Lawdragon 500 Leading Plaintiff Consumer Lawyers. Source
  • Sean Domnick — President of the American Association for Justice, 2023–2024. Source
  • Sean Domnick — Florida Justice Association Al J. Cone Lifetime Achievement award, 2026. Source

Recognition applies to the named attorney and the stated year or period.

Published Articles by RDCY Attorneys

Articles on this practice and broader issues in injury litigation, access to the courts and legal representation, written by RDCY attorneys.

Some publishers may require a subscription.

RDCY Videos and Social Posts

Ready to Discuss Your Medical Malpractice Case?

Call us or request a case review by our experts.

Rafferty Domnick Cunningham & Yaffa attorneys