Stroke misdiagnosis claims
When minutes cost recovery
If your stroke was missed, mistaken for something else, or treated too late, you may have grounds for a claim. We will review your case in confidence and without obligation.
“Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.”
“The team frequently represents claimants in complex disputes, involving hypertensions, as well as inadequate treatment of heart and blood diseases.”
At Osbornes Law, our medical negligence team has decades of experience pursuing stroke misdiagnosis claims, including a £900,000 settlement for a grandfather whose stroke was not recognised by his carers. We act on a no win no fee basis.
Why stroke is the most time-critical diagnosis in medicine
In 2021, our partner Jodi Newton secured £900,000 for a grandfather whose stroke was missed by his carers. The delay cost him the chance of an early intervention that could have transformed his recovery. The case illustrates what makes stroke claims different from other medical negligence work.
Stroke treatment runs on a clock. NICE guideline NG128 sets out the windows that matter. Alteplase, the clot-dissolving drug, can be given for ischaemic stroke if started within 4.5 hours of symptom onset. Mechanical thrombectomy, the surgical removal of the clot, is offered within 6 hours of onset, and is now offered up to 24 hours for confirmed occlusion of the proximal anterior circulation, including wake-up strokes.
Every hour without treatment costs roughly two million neurons. Patients who reach hospital, get scanned, and receive thrombolysis within an hour of symptom onset have a real prospect of walking out of the ward. Those who arrive late, or whose stroke is mistaken for migraine or anxiety in the emergency department, often leave with permanent disability.
How stroke gets misdiagnosed
Stroke is misdiagnosed surprisingly often, particularly in younger patients and in atypical presentations. The misdiagnosis pattern is consistent across the claims we handle:
- Migraine with aura
- Vertigo, dizziness, or labyrinthitis
- Alcohol intoxication
- Hypoglycaemia
- Seizures or post-ictal states
- Anxiety, panic attacks, or functional neurological disorder
The front line of stroke recognition is the FAST test: Face, Arms, Speech, Time. Anyone presenting with sudden facial droop, arm weakness, or slurred speech should be triaged as a stroke until proven otherwise. In the emergency department, the ROSIER score (Recognition of Stroke in the Emergency Room) is used to stratify FAST-positive patients.
NICE NG128 expects an urgent brain scan in everyone with suspected stroke, with the scan reported by a clinician trained to interpret it. Where the scan is delayed, the report is delayed, or the result is misread, the thrombolysis window can be lost. Missing the FAST signs, dismissing them, or failing to escalate to the stroke team is where many of our claims begin.
TIA, the warning that gets brushed off
A transient ischaemic attack is a temporary blockage of blood to the brain. Symptoms resolve within 24 hours, often within minutes. Around one in twelve people who have a TIA will have a major stroke within a week.
NICE NG128 is unambiguous on what should happen. Anyone with a suspected TIA should be given aspirin 300mg immediately, unless contraindicated, and referred for specialist assessment to be seen within 24 hours of symptom onset. The TIA clinic should arrange imaging and start secondary prevention the same day.
We see claims involving GPs who told TIA patients to come back if it happened again, and emergency clinicians who discharged TIA patients without an aspirin or a referral. When the major stroke follows days or weeks later, the link back to the missed TIA is direct.
When a missed stroke diagnosis amounts to medical negligence
A claim does not arise just because the diagnosis was wrong or late. We have to show two things. First, that the care fell below the standard of a reasonably competent clinician. Second, that the failure made a real difference to your outcome.
NICE NG128 is the benchmark we use for the first point. If the FAST signs were missed in a patient who presented within the thrombolysis window, if a CT head was not arranged promptly, if a TIA was sent home without aspirin and a 24-hour referral, or if a care home failed to recognise classic stroke signs and call 999, that is a strong starting point for a breach of duty argument.
Causation in stroke claims often turns on the treatment window. We instruct independent stroke physicians and neurologists to compare your outcome with the outcome you would have had if thrombolysis or thrombectomy had been given on time. A delay that costs you the alteplase window can be the difference between a near-full recovery and lifelong hemiparesis.
The impact of a delayed stroke diagnosis
Stroke is the leading cause of complex disability in adults in the UK. Delays produce a familiar set of outcomes: paralysis of one side of the body (hemiparesis), aphasia and other speech and language problems, swallowing difficulties, cognitive impairment, mood and behavioural changes, and a reduced ability to work or live independently.
For some people, the delay is fatal. We act for families in fatal medical negligence claims where the stroke was survivable on the standard pathway but not on the pathway the patient actually received.
What you can claim compensation for
Compensation is calculated in two parts. General damages cover the pain, suffering and loss of amenity caused by the negligence. The Judicial College Guidelines set out the brackets for brain injury and stroke cases. Special damages cover the financial losses that flow from the delay.
In practice, that includes:
- Loss of earnings if the stroke has stopped you working, or shortened your working life.
- Care costs, whether domiciliary, residential, or family care provided by relatives.
- Home adaptations, mobility equipment, and assistive technology.
- Rehabilitation: physiotherapy, occupational therapy, speech and language therapy.
- Travel costs for hospital and outpatient appointments.
- Future losses, including pension shortfall and dependency claims where the prognosis is poor.
In 2021 we recovered £900,000 for a grandfather whose carers failed to identify a stroke. Settlements in serious stroke claims regularly reach six and seven figures depending on the level of ongoing care needed and the impact on life expectancy.
Making a stroke claim with Osbornes
We work in three stages.
- Initial review. You tell us what happened. We listen, ask questions, and tell you honestly whether we think there is a claim worth investigating. There is no obligation at this stage.
- Investigation. We obtain the full medical records, including ambulance, emergency department, radiology and care home logs where relevant. We instruct an independent stroke physician to review standard of care, and a neurologist to address causation. This work is funded under a no win no fee agreement.
- Resolution. Most stroke claims settle out of court once the medical evidence is exchanged. If yours does not, our medical negligence lawyers will issue proceedings and take the case to trial.
You have three years from the date of the negligence, or the date you became aware that negligence may have caused harm, to bring a claim. In cases involving children or patients who lack capacity, different rules apply and the clock may not start running.
Why families choose Osbornes for stroke claims
Our medical negligence team is led by partner Jodi Newton, whose work on complex misdiagnosis claims is recognised by Chambers UK 2026 and Legal 500 2026. Several of our solicitors hold medical qualifications, which means we read GP notes, emergency department triage records and radiology reports the way an expert witness would.
The firm handles a high volume of brain injury work, including serious brain injury claims under both personal injury and medical negligence law. That depth of brain injury experience matters in stroke claims, where ongoing care needs drive much of the settlement value.
“Jodi Newton acts for clients on claims arising from negligent obstetric care, sepsis and delays in diagnosis and treatment.”
Chambers UK 2026
We are members of the Action against Medical Accidents (AvMA) clinical negligence panel and hold the Law Society Clinical Negligence Accreditation.
Speak to a stroke claims solicitor today
If you believe your stroke was missed, misdiagnosed or treated too late, our medical negligence lawyers will review your case in confidence and without obligation.
Call 020 7485 8811 or fill in the contact form below.
Stroke misdiagnosis claims FAQs
What is the FAST test for spotting a stroke?
FAST stands for Face, Arms, Speech, Time. A sudden facial droop, weakness in one arm, or slurred or muddled speech are the three red-flag signs. The ‘T’ is a reminder that time matters: call 999 immediately. Patients who reach hospital within the thrombolysis window have the best chance of meaningful recovery.
My stroke was treated as a migraine in A&E. Do I have a claim?
Possibly. Stroke is commonly mistaken for migraine, vertigo, hypoglycaemia, intoxication or anxiety, especially in younger patients. The question is whether a reasonably competent emergency clinician should have applied the FAST and ROSIER assessments and arranged an urgent CT head. If that did not happen and the delay cost you treatment options, you may have a claim.
What is the time window for stroke treatment under NICE NG128?
Alteplase (thrombolysis) is offered for ischaemic stroke when treatment can start within 4.5 hours of symptom onset. Mechanical thrombectomy is offered within 6 hours, extended to 24 hours for confirmed occlusion of the proximal anterior circulation, including wake-up strokes. Missing those windows is often where a claim’s causation argument begins.
What should happen if I have a suspected TIA?
NICE NG128 says you should be given aspirin 300mg immediately (unless contraindicated) and referred for specialist assessment to be seen within 24 hours of symptom onset. Around one in twelve people who have a TIA will have a major stroke within a week, so the 24-hour rule is critical. We see claims where TIA patients were sent home without aspirin or a referral, only to suffer a major stroke days later.
Can I make a claim if a care home failed to recognise my relative's stroke?
Yes. Care home staff are expected to recognise classic stroke signs and call 999 promptly. Our partner Jodi Newton secured £900,000 for a grandfather whose stroke was not identified by his carers. Care home stroke claims also involve scrutiny of training records, observation logs and care plans.
How much is a stroke misdiagnosis claim worth?
Compensation varies with the severity of the disability, the level of ongoing care needed, your financial losses, and life expectancy. Serious stroke claims regularly settle for six and seven figures. The Judicial College Guidelines set the general damages brackets for brain injury. Care costs and loss of earnings often make up the larger share.
How long does a stroke misdiagnosis claim usually take?
Most stroke claims settle within 24 to 36 months, depending on how quickly the records are obtained, whether the defendant admits breach early, and how the medical experts assess causation. Cases involving lifelong care needs, life-expectancy evidence, or fatal outcomes can take longer.
Will I have to pay anything if my claim does not succeed?
No. We act on a no win no fee basis for stroke misdiagnosis claims. If your claim does not succeed, you pay nothing. If it does succeed, our fee is taken from your compensation, capped by the agreement we set out at the start.
Contact us about a Stroke Claim
Call us 020 7485 8811
For all new enquiries, please submit your details via the contact forms on our website. This will ensure your query reaches the right team and is handled promptly.
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He also has a niche specialism in claims involving cauda equina syndrome.
Elline Demetriou is building a strong practice as a clinical negligence solicitor, handling a wide variety of cases including delayed diagnosis, surgical negligence and birth injuries.
Elline is always a pleasure to work with and always on top of complex cases.
Elline is a gifted lawyer and possesses a powerful combination of legal and medical skills, being tactically astute and having strong client care skills.
Elline is a delightful to work with and super reliable; you know she'll do a perfect job.
She advises on spinal injury claims.
Jodi Newton acts for clients on claims arising from negligent obstetric care, sepsis and delays in diagnosis and treatment.
Jodi is passionate and balances that with the ability to see the right way to run a case from her first involvement.
Jodi is very knowledgeable, gets outstanding results for her clients, and is always available when assistance is required.
Jodi is an absolute star.
Hugh has particular strength handling issues of causation and informed consent.
Hugh Johnson advises on claims regarding failures to diagnose and manage spinal injuries, as well as failings in psychiatric care.
He thinks outside the box and is always thinking a step ahead of his opponent.
Hugh is utterly charming, highly empathetic and a first rate lawyer. He always comes in with good observations.
Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.
The team has particular expertise in cases stemming from delays in diagnosis as well as surgical injury and wrongful birth claims.
Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.
They are a very tight team. They're very friendly, helpful and obtain excellent results for clients.
A quality firm of solicitors with excellence at all levels of the team.
They know the law inside out and proactively work with counsel to drive cases forward. They are a go-to for complex claims.
Ben Posford, head of catastrophic injury, is well-known for spinal cord and cauda equina claims, including high-profile fatality work.
Josie Robinson brings 20 years of experience to the team, with specialist insight into pelvic mesh claims and maternal death cases.
Elline Demetriou supports the team on catastrophic injury cases and has a growing caseload in maternity and care home negligence.
Elline Demetriou is an up and coming associate. She is thorough and empathetic, with great client care skills.
Nicholas Leahy leads the firm’s inquests work and has developed a specialism in stillbirth and surgical fatality claims.
Nicholas Leahy is a very impressive associate. He is sharp and gets to the crux of the case quickly.
Jodi Newton is a fierce advocate for her clients and a very genuine person. She cares about each case.
Jodi Newton is fantastic. She's detail orientated and a really capable head of birth and paediatric negligence. She's a joy to work with.
Jodi Newton is particularly noted for her work on cerebral palsy and maternal injury claims.
Osbornes handles a wide range of high-value and complex clinical negligence cases, with particular expertise in birth injury, delayed cancer diagnosis, spinal injury, and fatal claims.
I am always happy to get instructions from Osbornes. They have excellent quality work, the team knows exactly what they are doing and are a real pleasure to work with. Excellent legal knowledge.
The team has excellent leadership and provide an above and beyond service for their clients.
A close knit team with excellent knowledge and technical acumen across the board.
You get a real sense that they care about clients and each other, working together to get the best results.
The team works very well together as they are genuinely kind and friendly people.
Hugh's technical knowledge is superb.
He is excellent with very complex cases and their nuances.
I am very confident with Hugh representing me and always value his expertise and advice. He's always many steps ahead.
He is a master tactician and so on the ball; not a single thing goes under his radar. He really understands the medical side and is always thinking about how to achieve the best outcome for clients.
Hugh Johnson is fiendishly intelligent, with a laser sharp focus on the issues that matter.
Josie Robinson- very experienced, caring and professional. Excellent.
Elline Demetriou is one to watch for the future. She is determined and thoughtful, with a real dedication to her clients.
She is very tough, a real fighter, and drives a hard bargain for her clients. She has good judgment, and a good sense of the strengths and weaknesses of a case.
Jodi Newton is a passionate, hard-working and committed partner. She is excellent with clients, and gives absolutely 100% to all of her cases.
Nicholas Leahy - understands client needs very well, very responsive and proactive.
Jodi is very experienced and knowledgeable
It is a pleasure to work with Jodi. She has an excellent understanding of the issues and provides a good service.
Osbornes are always professional and diligent in respect of their clients.
Osbornes has an excellent depth of experience across the team.
Across the board, they are all a pleasure to work with. They always keep a pragmatic head and all have an eye on the best outcome for the client.
Jodi Newton - very hands on, gives every case her heart and soul
Jodi Newton is rapidly becoming the go-to partner for cerebral palsy cases. She has the determination to fight for her clients and is involved in some of the biggest cases at the moment.
Nicholas Leahy is a very safe pair of hands and really compassionate with clients. I expect great things from him in future.
Small but very effective and experienced team so every client benefits from the personal touch but also highly skilled litigation know-how. Capability of the team means they can handle all aspects of very complex cases as well as straightforward matters.
Ben Posford typically operates in the team’s spinal cord and cauda equina syndrome litigation.
Jodi Newton holds over 20 years of experience in birth and surgical injury cases, including those pertaining to cerebral palsy, negligent treatment of sepsis, and negligent A&E treatment.
The team frequently represents claimants in complex cognitive and spinal injury disputes, involving hypertensions, spinal fractures, as well as inadequate treatment of heart and blood diseases.
The team handles a host of complex maternal claims, including cognitive injuries as a result of delayed birth treatments, cerebral palsy, and vaginal mesh litigation.
Josie Robinson is fantastic with clients, very commercial and hugely experienced. Opponents respect her and she gets great results.
Osbornes is a very respected firm in the marketplace.
They handle really complex cases very well
The clinical negligence team are knowledgeable and professional in their approach and demonstrate a high level of skill in litigation work.
Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.
Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.
Jodi is really tenacious; she demands the best results and manages to secure them. She's got real drive and energy.
Jodi is passionate about what she does and is a good lawyer.
Jodi is very astute and compassionate.
Jodi Newton is passionate about her work and is a really creative lawyer, always trying to find practical and innovative solutions to problems encountered.
Jodi Newton is knowledgeable and well regarded.
Jodi Newton has specific expertise regarding birth negligence cases, including those which involve cerebral palsy and Erb’s palsy injuries.
Osbornes has a skilled team of solicitors advising clients on a wide range of clinical negligence matters.
Hard working, approachable, good knowledge of clinical negligence and clients’ specific conditions
A joy to work with and always 100% client focused at all times.
The clinical negligence team at Osbornes is much lauded for its ability to ‘represent the diverse range of London-based clients
“The team is very quick and efficient in responding."
"Obsbornes Law is always client-focused and works tirelessly to obtain the best outcomes for clients."
Ben Posford leads the catastrophic injury team and regularly represents claimants in neurological injury and fatal accident claims. He also has a niche specialism in claims involving cauda equina syndrome.
Jodi Newton acts for clients on claims arising from negligent obstetric care, sepsis and delays in diagnosis and treatment. She also advises on spinal injury claims.
"She is really wonderful in sensitively handling clients in extreme situations and is a real fighter."
"Jodi Newton is approachable and always has the client's best interest at heart."
‘They are ambitious for their clients and expect high standards from all who work with them.’
"Osbornes somehow combine the accessibility of a local firm, with the professional standards of a national or city outfit."
"I’ve been hugely impressed by Jodi Newton – she’s truly passionate about her cases and her clients, a real fighter and a star in the making."
"Jodi Newton has carved out a niche specialism in cerebral palsy and serious claims arising out of childbirth. She is so committed to her clients and their claims that she always gains and deserves their respect. A true specialist."
"Osbornes, is described as having ‘superb judgement and a medical knowledge that is second to none."
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They are an excellent firm who achieve fantastic outcomes for their clients. They are also very prominent in injuries to those travelling to or from Europe. Multiple languages are spoken by the team.
This firm is responsive and efficient. Their rapidity in dealing with complications or hiccups is excellent.
Jodi Newton is brilliant – a very capable, experienced and empathetic solicitor who has experience of handling high value and complicated cases. I am working with her on a cerebral palsy case at the moment, in which she has obtained an admission of liability and a substantial interim payment. A first class addition to the team.
Really great clinical negligence practice, staffed by experienced practitioners who know how NHS Trusts work. They also build great rapport with clients.’
The team at Osbornes was recently strengthened by the arrival of 'experienced and empathetic' associate Jodi Newton. She joins a department noted for its expertise in delayed diagnosis and wrongful birth claims.
A stand-out solicitor with a huge track record of successful clinical negligence work. She is forensic in her attention to detail, but also sees the broad sweep of strategic considerations”.
Excellent service from Osbornes throughout on a difficult clinical negligence claim. Nicholas Leahy who handled the claim was responsive and professional throughout, while also providing pragmatic advice and clear drafting.
Working with Osbornes Law was the best decision I could have made. Nick was really attentive to my issue and did a very thorough job. He truly made the process headache free! Highly recommend them.
Nick Leahy has been my Solicitor throughout this journey and has been absolutely amazing; kind, approachable and extremely supportive... Through some dogged determination by Nick we achieved our goal without having to go to trial. I cannot thank Nick, Stephanie and all of the team at Osbornes highly enough for achieving a very favourable settlement, the outcome of which will make a huge difference to myself and my family.
“The stand-out solicitor is Jodi Newton, who has a huge track record of successful clinical negligence work. She is forensic in her attention to detail, but also sees the broad sweep of strategic considerations”.
"An excellent firm which achieves fantastic outcomes for clients."
Osbornes provides a very intimate and personal client service which is increasingly rare in this sector.
The lawyers in the team are highly experienced and will drive cases very hard on behalf of their clients.
"An exceptional outfit. They take on difficult cases, fight hard and win."
"Offers specialist expertise in cauda equina syndrome cases."
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"The team were extremely professional in putting my needs first. There was a joined-up approach to catering for the client, and all lawyers involved were briefed and constructive."
Quite simply excellent, with a highly competent and well-rounded team. They understand complex medical litigation and have been our lifesavers, and we will always owe them our immense gratitude.
Medical Negligence Accreditations
Our Medical Negligence Team View the whole team
Hugh Johnson
Partner
Medical NegligenceJodi Newton
Partner
Medical NegligenceVictoria Ayton
Paralegal
Medical NegligenceElline Demetriou
Associate
Medical NegligenceHannah Emerson
Solicitor
Medical NegligenceStephanie Evanson
Trainee Solicitor
Medical NegligenceBelen Junqueira
Paralegal
Medical NegligenceNicholas Leahy
Senior Associate
Medical NegligenceAndreea Martin
Paralegal
Medical NegligenceImogen Molloy
Paralegal
Medical NegligenceShivam Raja
Solicitor
Medical NegligenceJosie Robinson
Senior Associate
Medical NegligenceView the
whole team
