Nursing Homes


Delayed Stroke Treatment Lawyers – Nursing Homes

Experienced attorneys when stroke treatment is delayed for nursing home residents

Many nursing home residents are at risk for stroke due to their age and underlying health conditions such as heart disease and diabetes. Delays in stroke care can cause serious disabilities such as paralysis. Delays in stroke care may be fatal. At Garcia & Artigliere, our delayed stroke care lawyers understand how and when nursing homes should react to help seniors who have stroke symptoms. We understand what protocols should be in place, which healthcare providers should be notified, and how each healthcare provider should help the senior resident with stroke symptoms. We’ve helped clients obtain strong recoveries for elder abuse and neglect. Call us today if you or a loved one suffered harm due to delays in stroke care.


What is a stroke?

The US National Institutes of Health (NIH) states that a stroke happens when the flow of blood to the brain is blocked or there is sudden bleeding in the brain. Strokes are categorized as follows:

  • Ischemic stroke. The blood flow to the brain is blocked. The blockage prevents oxygen and blood nutrients from reaching the brain. Without oxygen and nutrients, brain cells start to die – often within minutes.
  • Hemorrhagic stroke. This type of stroke occurs due to sudden bleeding in the brain. The leaked blood causes pressure on the brain cells which damages the brain cells.

The large majority of strokes are ischemic strokes. These two types of strokes are further categorized based on where the blockages and bleeding occur.

If a senior is having a stroke, medical intervention is critical. If stroke treatment is delayed, the senior can suffer brain damage, paralysis, and other serious disabilities. Delayed treatment can be fatal.

Nursing homes that suspect a resident has had a stroke should make arrangements for an ambulance or emergency medical service that can start lifesaving treatments while the senior is transported to the closest emergency room. Every minute counts during a stroke. At the hospital a stroke team should move aggressively to treat the stroke.

What signs of a stroke should nursing homes look for?

The NIH states that the signs and symptoms of a stroke normally happen quickly – though they can take hours or days to develop such as when a “transient ischemic attack (TIA) — a blockage that breaks up before it damages your brain — turns into a stroke.”

Some of the signs of a TIA or a stroke include:

  • Confusion, difficulty talking, and difficulty understanding speech
  • A severe headache with no known other causes
  • Sudden weakness or numbness – usually on one side of the body
  • Vision difficulties
  • Loss of balance and dizziness

The NIH suggests using the FAST test to help determine if a senior is having a stroke:

  • F — Face: Ask the person to smile. Does one side of the face droop?
  • A — Arms: Ask the person to raise both arms. Does one arm drift downward?
  • S — Speech: Ask the person to repeat a simple phrase. Is their speech slurred or strange?
  • T — Time: If you observe any of these signs, call 9-1-1 right away. Early treatment is essential.

The possible complications from a stroke include:

  • Dangerous blood clots
  • Loss of bowel or bladder control
  • Loss of bone density or strength
  • Muscle weakness and being unable to move
  • Difficulty with thinking, memory, and language
  • Speech difficulties
  • Seizures
  • Loss of vision, touch, or hearing
  • Swelling in the brain
  • Difficulty swallowing
  • Pneumonia

According to the American Heart Association, one of every 19 deaths in the US in 2019 was due to a stroke. Someone died of a stroke every 3 ½ minutes in 2019. In 2020, worldwide, there were 7.08 million deaths attributable to cerebrovascular disease worldwide. Ischemic strokes account for 3.48 million of these deaths. Intracerebral hemorrhage (ICH) accounted for 3.25 million deaths and 0.35 million deaths were due to subarachnoid hemorrhage.

What is tissue plasminogen activator (tPA)?

The main treatment for an ischemic stroke is a medicine called tissue plasminogen activator (tPA) that breaks up the blood clots that block blood flow to your brain. tPA must be given within 3 hours after stroke symptoms being. In some cases, that time limit may be extended to 4.5 hours. The sooner tPA is given, the better. Delayed treatment can be fatal or cause severe disabilities.

Many stroke victims with severe disabilities require a lifetime of medical care.

When is a nursing home responsible for stroke delay disabilities and deaths?

Most nursing homes should work with a physician who supervises the medical care and medical team that nursing homes provide. Nursing home residents need daily care with individualized care plans. They need to be continually assessed for their emotional state, cognitive abilities, skincare, and management of their medications. Part and parcel of nursing home care for seniors are the establishment of stroke care guidelines and best practices.

Nursing homes may be liable for delayed stroke treatment if:

  • They don’t have qualified medical personnel who can quickly evaluate whether a resident has had or is having a stroke.
  • They don’t have policies and procedures in place for handling seniors who have stroke emergencies.
  • They don’t have arrangements with ambulances or emergency transport services to transport the senior to the ER as quickly as possible.
  • They’re understaffed.
  • They improperly dismiss a senior’s complaints.
  • They don’t have policies to help seniors who have cognitive impairments and may be having a stroke.

How much is a claim against a nursing home for delayed stroke care worth?

At Garcia & Artigliere, our delayed stroke treatment lawyers have helped thousands of seniors obtain just recoveries for elder abuse and neglect. If a senior suffers a disability or death due to delays in stroke treatment, we can help.

We demand compensation for the nursing home resident’s medical bills which can be quite expensive if they need around-the-clock care for paralysis or other severe disabilities. We also demand compensation for the senior’s pain and suffering, inability to function, and loss of quality of life.

We seek wrongful death damages on behalf of the families of seniors who die due to delays in stroke care. These damages include the funeral and burial costs, the family’s financial damages, and the family’s personal damages.

Do you have a delayed stroke treatment lawyer near me?

Garcia & Artigliere represents seniors who have disabilities caused by stroke treatment delays and the families of seniors who die because they didn’t receive tPA or other life-saving medical care for strokes. We’ll answer all your questions, explain the claims process, and fight for full compensation.

Call Garcia & Artigliere now if delayed care by a nursing home contributed to delayed treatment for stroke

Nursing homes should understand the high risk that their residents may have a stroke at any time. At Garcia & Artigliere, our delayed stroke lawyers have the experience and resources to be strong advocates for seniors and families who suffer or tragically die due to nursing home mismanagement of stroke victims. We’ve been fighting for seniors for 30 years. To assert your rights, call or contact our offices today to schedule a free, confidential consultation. We represent nursing home residents in California, Louisiana, Arizona, Kentucky, and across the United States. There are no upfront costs. We don’t recover unless you recover.

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