Strokes happen when blood flow to the brain is blocked or reduced, cutting off vital oxygen to brain tissue. Every minute without treatment costs the brain an estimated 1.9 million cells (Jefferson Health), which makes immediate medical care critical. Even brief delays can lead to permanent disability, severe cognitive impairment, or death.
This raises an important question: Can you sue for delayed treatment of a stroke in California?
In many cases, the answer is yes. In California, delayed stroke treatment may give patients and their families the right to pursue a medical malpractice claim. The medical malpractice attorneys at Bostwick & Associates have decades of experience handling these complex cases and are dedicated to helping clients secure the compensation they deserve.
In this article, we’ll explore when delayed stroke treatment may be considered malpractice, what California law says, and how an experienced attorney can help you protect your rights.
When Does Delayed Treatment Become Medical Malpractice?
When a stroke is mishandled due to negligence, patients may have legal grounds to pursue a claim, constituting a medical malpractice case. Delayed treatment often stems from preventable errors, such as:
- Stroke misdiagnosis: Medical professionals may mistake stroke symptoms for less severe conditions like migraines, vertigo, or fatigue. This critical oversight can cost a patient the narrow window for effective treatment.
- Failure to Order Proper Imaging: CT scans and MRIs are essential for confirming a stroke and guiding treatment decisions. When doctors delay or fail to order these tests, life-saving care is often missed.
- Not Administering The Proper Treatment: When a stroke is identified correctly, failing to provide timely interventions such as clot-busting medication (Thrombolytic treatment) or surgical procedures can lead to irreversible harm.
When these lapses occur, the delay is not a medical mistake; it may rise to the level of malpractice if the provider failed to act with the standard of care expected of a reasonably competent professional.
California Laws To Take Into Account
In California, the statute of limitations for medical malpractice states that all medical malpractice cases must be brought to a court "within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, or within three years of the date of the injury, whichever comes first.” (California Code of Civil Procedure section 340.5)
In the state of California, it is essential to take the Medical Injury Compensation Reform Act (MIRCA) into account. MIRCA puts a cap on non-economic damages in medical malpractice lawsuits. In 2022, the compensation amount increased from $250,000 to $430,000 for medical malpractice injuries not related to wrongful death and $600,000 for medical malpractice injuries that ended in wrongful death, according to 2025 data from NOLO.
These laws make it especially important for patients and families to act quickly, both to preserve their right to file a claim and to ensure they pursue the maximum compensation available under California law.
Recoverable Damages For Medical Malpractice
Delayed treatment of a stroke could entail long-term treatment for the patient involved. It is essential for the medical professionals who neglected their standard of care to be held accountable for their actions. An experienced attorney will work with you to ensure you get the compensation you require. The recoverable damages may include:
Economic Damages
- Medical expenses: Covering past, current, and future treatment, including hospital stays, surgeries, medications, and rehabilitation.
- Lost income and diminished earning capacity: Compensation for missed work and the long-term impact on your ability to earn a living.
Non-Economic Damages
- Pain and suffering: Addressing the physical pain, emotional distress, and reduced quality of life caused by medical negligence.
- Other financial and personal losses: Reimbursement for out-of-pocket costs, necessary home modifications, and loss of enjoyment of life.
How Your California Medical Malpractice Attorney Can Help
Medical malpractice lawsuits involving delayed stroke treatment are layered and complex, requiring expert legal assistance. The medical malpractice attorneys at Bostwick & Associates have access to various medical resources and decades of experience handling medical malpractice lawsuits, yielding record-breaking case results. Our team is committed to investigating every detail, holding negligent providers accountable, and pursuing the maximum compensation you deserve.
If you or a loved one has suffered due to delayed stroke treatment, contact Bostwick & Associates for a free, confidential consultation.