Doctors mistake evolving stroke for disease or palsy

The patient, 58, had a medical history that included borderline hypertension and hypercholesterolemia.

He awakened one morning with slurred speech, lack of control of his tongue and difficulty swallowing. He was seen that day by two physicians, who noted that he had a one-week history of tingling and “pins and needles” in his hand with weakness in his arm and wrist. The physicians said that the patient’s speech was slightly slurred and his tongue was midline. They also observed that he had a right facial droop, eyelid weakness and decreased sensation to light and sharp touch.

The physicians sent the patient home with a diagnosis of either Bell’s Palsy or Lyme Disease.

Two days later, the patient’s wife found him in bed with right-sided weakness, incontinent of urine and unable to speak. He was transferred via EMS to the hospital and diagnosed with a massive stroke.

Subsequently, the patient underwent artery stenting and an angioplasty, which was complicated by an artery rupture. After the operation, the patient started physical, speech and occupational therapies, as well as nutritional therapy. He was eventually discharged to a rehabilitation facility.

Today, the patient has profound difficulty speaking, is unable to read or write due to motor sequencing problems and has no voluntary movement in his right arm and leg. He requires round-the-clock care.

The patient was expected to present expert medical testimony that the physicians negligently failed to rule out an evolving stroke as the cause of his symptoms and that the stroke would have been avoided had the defendants placed him on proper medication.

The case resulted in a $1 million settlement.

Type of action: Medical malpractice

Injuries alleged: Failure to diagnose and treat an evolving stroke resulting in neurologic injuries

Date: October 2009

Submitted by: Andrew C. Meyer Jr. and Benjamin R. Novotny, Lubin & Meyer, Boston (for the plaintiff)