Your Legal Options in Pennsylvania After a Misdiagnosed Heart Attack or Stroke

September 9, 2025

When a doctor misdiagnoses a heart attack or stroke, the consequences alter your life permanently. You may have a legal path to secure compensation for your injuries through a medical malpractice claim. This requires proving that your medical provider’s care fell below the accepted professional standard and that this failure directly caused your harm. The process involves strict deadlines and requires a thorough review of your medical records by legal and medical professionals.

If you have questions about what happened to you or a loved one, call Wapner Newman for a free consultation at (215) 569-0900.

Key Takeaways for Misdiagnosed Heart Attack and Stroke Claims

A misdiagnosis is malpractice only if it violates the “standard of care.” This means the provider failed to act as a reasonably competent professional would have under similar circumstances.
You must have a medical expert certify your claim. Pennsylvania law requires a qualified medical professional to confirm that the standard of care was likely breached before a lawsuit proceeds.
The deadline to file a claim is typically two years. While the “discovery rule” may extend this, it is essential to act promptly to protect your legal rights.

How Do You Know If a Misdiagnosis Was Medical Malpractice?

Any licensed healthcare provider, including a doctor, nurse, or the hospital itself, may be held responsible for a harmful misdiagnosis. A medical malpractice claim focuses not on the existence of a mistake—as medicine is not an exact science—but on whether the mistake was a violation of the “standard of care.”

Defining the Standard of Care

The standard of care is the level of care that a reasonably competent healthcare professional in the same specialty would have provided under similar circumstances. Think of it as the baseline for acceptable medical practice. Perfection isn’t the goal—the goal is basic competence.

The Three Elements of a Claim

To have a valid case, we must demonstrate three things:

A Duty of Care: This is typically straightforward. When you are being treated by a medical professional, a doctor-patient relationship exists, establishing their duty to provide you with competent care.
A Breach of That Duty: This is where the standard of care comes in. We must show that the provider failed to meet that standard. Some concrete examples include:
- Dismissing atypical heart attack symptoms, which are frequently seen in women.
- Failing to order a CT scan for a patient presenting with classic stroke symptoms like facial drooping or sudden weakness.
- Misinterpreting the results of an EKG or other diagnostic tests.
Causation and Harm: Finally, we must prove that the provider’s failure directly led to a worse medical outcome and tangible damages. For example, a delayed stroke diagnosis allowed more brain tissue to be permanently damaged, leading to greater long-term disability.

Diagnostic errors are a serious issue. Studies show that stroke misdiagnosis rates in emergency rooms are around 9% nationwide. These errors are a significant cause of severe patient harm in U.S. hospitals.

What Does a Lawsuit for a Misdiagnosed Heart Attack or Stroke Involve?

The thought of a lawsuit seems daunting, but the process is structured and, in most cases, unfolds outside of a courtroom. It begins with a simple conversation and follows a clear path toward resolution.

The Path Forward: From Conversation to Resolution

Our firm handles the entire legal process so you can focus on your health. Here is what to expect:

Your Initial Call: This is a free, confidential conversation where you share your story with us. We listen carefully to understand what happened and help you see if you might have a case.
We Gather the Records: You don’t have to chase down paperwork. Our team takes on the task of collecting all relevant medical records from the hospitals, clinics, and doctors involved in your care.
The Medical Expert Review: This is a required step under Pennsylvania’s MCARE Act. A medical malpractice claim cannot proceed without a Certificate of Merit. This is a statement from a qualified medical professional in the same field who has reviewed your records and confirms a reasonable probability that the care you received fell below the accepted standard. We work with a network of medical professionals to handle this review.
Filing the Claim: Once the case is certified by a medical professional, we file the formal lawsuit in civil court. This officially begins the legal proceedings.
The Discovery Phase: This is the information-gathering stage of the lawsuit. During this time, we may take depositions, which are sworn testimony given under oath, from the healthcare providers involved. We will also exchange documents and other evidence with the opposing side.
Settlement or Trial: Many medical malpractice cases are resolved through a negotiated settlement without ever going to court. However, we prepare every case from the very beginning as if it is going to trial. This ensures we are in the strongest possible position to pursue the compensation you need, whether at the negotiating table or in front of a jury.

What Kind of Compensation Can Be Pursued?

A successful claim provides the financial resources needed to address the harms and losses caused by the misdiagnosis. This compensation, legally referred to as “damages,” is typically divided into two main categories.

Economic Damages

These are the direct financial losses that have a clear dollar value attached to them. They include:

All Medical Bills: This covers everything from the initial hospital stay and emergency treatment to any follow-up care, therapies, and future medical needs you will have for the rest of your life.
Lost Income and Future Earnings: Compensation covers the wages you lost while out of work and for any reduction in your ability to earn an income in the future due to your injuries.
Rehabilitation Costs: Physical, occupational, and speech therapy are common needs after a heart attack or stroke, and these costs are included in your claim.

Non-Economic Damages

These damages compensate you for the intangible, but very real, human cost of the injury. This includes:

Pain and Suffering: For the physical pain and emotional distress you have endured and may continue to endure.
Loss of Enjoyment of Life: For the ways the injury has limited your ability to participate in hobbies, activities, and relationships you once valued.

In the tragic event that a misdiagnosis leads to a patient’s death, the family may be able to file a wrongful death claim. This helps recover damages for funeral expenses, the loss of the deceased’s financial support, and the loss of their guidance and companionship.

Is There a Deadline for Filing a Claim in Pennsylvania?

Yes, and this deadline is strict. Pennsylvania law sets a time limit, known as the statute of limitations, for filing a medical malpractice claim.

Generally, you have two years to file a lawsuit. The clock usually starts on the date the injury occurred. However, Pennsylvania law includes a “discovery rule.” Under this rule, the two-year clock may start on the date you realized, or reasonably should have realized, that your injury was caused by a medical error.

Frequently Asked Questions About Misdiagnosis Claims

What if the misdiagnosis happened at a well-known Philadelphia hospital?

The standard of care applies to every healthcare provider and institution, regardless of its size or reputation. We have years of experience handling cases involving major medical centers in Pennsylvania and are prepared to hold any institution accountable.

My stroke was dismissed as just a migraine. Is that grounds for a claim?

This is a frequent scenario, especially for younger patients and women whose stroke symptoms may present differently. If a competent doctor, considering your symptoms and risk factors, should have investigated further to rule out a stroke, this could be a basis for a claim.

What should I do if the hospital’s insurance company contacts me?

You are not obligated to provide them with a recorded statement. It is best to politely decline and direct them to your attorney. Insurance companies conduct thorough investigations to protect their financial interests; the role of your medical malpractice attorney is to ensure your interests are protected.

Let Us Help You Find the Answers

You are dealing with enough while focusing on your recovery. You shouldn’t have to chase down who is responsible while you are still recovering. We regularly help families across Pennsylvania understand their rights and pursue the compensation needed to rebuild.

To discuss your situation in a free, no-obligation consultation, call Wapner Newman today at (215) 569-0900.