Advocating for Full Compensation After Stroke Malpractice in New York

When patients present with stroke symptoms, doctors must diagnose and treat their condition as quickly as possible. Strokes are medical emergencies that can result in disabilities and death if not handled with proper care. There is no excuse for doctors allowing a patient to suffer because of delayed diagnosis or treatment.

If you or someone you love suffered a stroke, you may be eligible to file a medical malpractice claim. Our team of skilled New York stroke malpractice lawyers has significant experience recovering compensation for stroke victims, and we can provide reliable legal representation throughout your entire case. Do not hesitate to call Wingate, Russotti, Shapiro, Moses & Halperin, LLP, at (212) 986-7353 to get a free case evaluation.

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The Serious Dangers of a Stroke

A “stroke” occurs when the blood supply to the brain is cut off, stopping it from receiving oxygen. There are two types of strokes a patient can experience: ischemic and hemorrhagic. Ischemic strokes account for 87% of all strokes and occur when a blood clot clogs an artery to the brain. Some patients also experience transient ischemic attacks (TIA), which are ischemic strokes that pass after a few minutes. They are still very dangerous and can be a warning sign of future strokes.

In contrast, hemorrhagic strokes occur when a blood vessel bursts, causing blood to pool within the brain. Not only will the brain not receive steady oxygen, but pressure can build up and cause further damage. Hemorrhagic strokes are deadly if not treated quickly, but because they only account for 13% of all strokes, doctors can become lax about diagnosing them.

A stroke can lead to several serious injuries depending on the area of the brain that is affected, including:

  • Vision loss
  • Paralysis
  • Death
  • Neurological dysfunctions
  • Emotional issues
  • Memory problems
  • Loss of cognitive functions
  • Speaking issues
  • Mobility issues
  • Lack of sensation or feeling in limbs

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Symptoms of a Stroke

Strokes are ticking time bombs where every second counts. Doctors and nurses should act fast to diagnose and treat this condition, but everyone should be given information on the symptoms. Certain medical conditions can increase the likelihood of a stroke, such as obesity, diabetes, pregnancy, smoking, lack of physical activity, aneurysm, migraines, and sickle cell disease. Women also have a higher risk of suffering strokes, and they are more common for those of Hispanic or African descent.

For both men and women, the key symptoms of a stroke are:

  • Sudden numbness or weakness, even on just one side of the body
  • Confusion
  • Difficulty speaking
  • Vision problems in one or both eyes
  • Dizziness
  • Loss of coordination
  • Balancing issues
  • Difficulty walking
  • Severe headaches with no clear causes

There are some differences between how men and women experience strokes. Women may experience non-specific symptoms, meaning the symptoms may seem unrelated, but they can help during a diagnosis. In addition to the other symptoms, women may experience:

  • Chest pain
  • Fatigue or shortness of breath
  • A spiked heartrate
  • Nausea
  • Hiccups

An important tool for spotting strokes is the anagram FAST:

  • Face: When you smile, does one side of your face droop?
  • Arms: If you raise both arms up, does one arm drift downward?
  • Speech: When you speak, are your words slurred or incomprehensible?
  • Time: Time is of the essence, so you should call 911 to see a doctor immediately if you have any of the above symptoms. Do not try to drive on your own.

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How Are Strokes Diagnosed and Treated?

When a patient presents with these symptoms, hospital staff should act fast. Doctors should review the patient’s medical history and play close attention to related conditions, such as diabetes, migraines, and obesity. They should also schedule several tests, including MRIs and CT-scans, to identity the type of stroke the patient is experiencing and where it is in the brain.

With ischemic strokes, doctors can break up the blood clot with medication if it has been three hours since the first symptom. For hemorrhagic strokes, doctors may perform endovascular surgery to repair the damaged blood vessel, which is less invasive than other surgeries. However, more invasive approaches may be necessary.

Post-stroke treatment may vary depending on how badly the brain was damaged. Strokes become more common after the first one, and patients may need to change their lifestyles to treat any related conditions, such as heart disease or diabetes. If the damage was serious, patients may need to work with a neurologist or occupational therapist to readjust to their daily life and learn new skills.

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When Strokes Involve Malpractice

When you come to a doctor with symptoms – any symptoms -- he first has to rule out any life-threatening conditions. Hospital staff should pay attention to the immediate signs of a stroke and act diligently. Misreading a hemorrhagic stroke as an ischemic stroke can be extremely dangerous, putting the patient at risk of dying or suffering due to delayed treatment.

Doctors should follow the standard of care when reviewing a patient’s medical history and order every test to provide the best possible treatment. When they fail to do so, it puts patients at risk of suffering from serious disabilities, long-term brain damage, and even dying.

In our experience, a doctor can commit malpractice when treating a stroke victim by:

If anything like this has happened to you or a loved one, talk to us right away.

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Trust in More Than 50 Years of Experience

If you or someone you love suffered a serious injury due to a stroke, you may have a case of medical malpractice. At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, our dedicated New York medical malpractice lawyers can look over your case in a free consultation and explain your options. If a doctor or other medical professional broke the standard of care, we can use all of our knowledge and resources to advocate for full compensation on your behalf. We have over 50 years of experience. We have recovered hundreds of millions of dollars for stroke victims and can provide you the same expertise. Call us today at (212) 986-7353 to learn how we can represent you.

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Our Medical Malpractice Case Results

$16 Million - Two Medical Malpractice Cases Involving Brain Damage

Phil Russotti recently obtained settlements for two brain damaged individuals and their families totaling guaranteed payouts in excess of $16,000,000.

Philip Russotti

$12.085 Million - Failure to Timely Deliver an Infant

This is a case involving the failure to timely deliver an infant to a first-time mother and resulting in severe brain damage to the child who is now 6 years old.


$10.7 Million - Medical Malpractice Verdict In Queens County, NY

The female plaintiff fell down a flight of stairs at work and suffered a brain herniation that compressed the brain stem, which she contended was due to delayed treatment at the hospital emergency room.


$10.2 Million - Infant Brain Damage Due to Medical Malpractice in New York

New York lawyer, Philip Russotti, won a $10,200,000 settlement for an infant who has catastrophic neurologic injuries caused by brain damage that resulted from herpes that went undiagnosed in 2003.

Philip Russotti

$8.5 Million - Verdict For NY Stroke Victim

A 62 year-old man suffered a stroke following a delay in surgery and discontinuance of a medication (Heparin) which prevents blood clotting.


$6.6 Million - Improperly Performed Spinal Surgeries

At an extensive settlement mediation prior to jury selection, Phil Russotti settled a medical malpractice action on behalf of a old man against his neurosurgeon for improperly performing two spinal fusion surgeries.

Philip Russotti

$6.2 Million - Highest Personal Injury Verdict in Putnam County History

The plaintiff contended that an orthopedic surgeon failed to take a biopsy before performing surgery to remove a suspected Baker's cyst despite signs on MRI that the growth might be malignant.


$6.15 Million - Negligent Administration of Excessive Steroids For Lupus

Philip Russotti obtained a verdict in a case venued and tried in Hawaii, for approximately six weeks. It was a complex medical malpractice case involving an infant plaintiff who sustained numerous permanent injuries.

Philip Russotti

$6.15 Million - Largest Verdict in Hawaii Personal Injury History

Phil Russotti recently obtained the largest jury verdict in Hawaii in a personal injury suit, a $6.15 million dollar verdict for a 14 year old girl who suffered steroid myopathy.

Philip Russotti

$6.1 Million - Union Plumber in Trip-and-Fall, Medical Malpractice Action

Attorneys with Wingate, Russotti, Shapiro, Moses & Halperin, LLP, obtained a settlement in the amount of $6,100,000 for a 57-year-old union plumber who tripped and fell at a construction site.

Kenneth Halperin, Jason Rubin

$6 Million - Newborn Who Sustained Brain and Kidney Injuries

The firm settled a case involving a newborn who sustained serious injuries during a double exchange transfusion.


$4.5 Million - New York Medical Malpractice Case

Phil Russotti recently settled a case against five doctors after eight weeks of trial for $4.5 million dollars. The case concerned their failure to timely diagnose appendicitis and operate on a 17 year old boy.

Philip Russotti

$4.25 Million - Client Developed Permanent Steroid Myopathy

Phil Russotti obtained the second largest medical malpractice jury verdict in the State of Hawaii's history on behalf of a young woman who developed steroid myopathy after administration of excessive amounts of steroids.

Philip Russotti

$3.75 Million - Recovery For Disabled Siamese Twin in New York

The firm recently obtained an extraordinary settlement in an extremely difficult medical malpractice case.


$3.5 Million - Medical Malpractice/Wrongful Death for Failure to Diagnose

Wingate, Russotti, Shapiro, Moses & Halperin, LLP attorney Jason Rubin obtained a $3.5 million settlement in a case involving the failure to diagnose acute coronary syndrome in a 34-year-old married father of two children.

Jason Rubin

$3 Million - NY Medical Malpractice/Wrongful Death

Just prior to jury selection, Jason Rubin reached a $3 million settlement in a case arising out of the death of a 35 year old, unmarried mother of four.

Jason Rubin

$3 Million - Patient Develops Toxic Epidermal Necrolysis Due to Medication

Jason Rubin successfully represented a young man who experienced a severe case of toxic epidermal necrolysis due to medication.

Jason Rubin

$3 Million - Woman Died of Ovarian Cancer

Phil Russotti and Jason Rubin obtained a $3 million settlement in a medical malpractice/wrongful death case, involving a 59 year old woman who died of ovarian cancer.

Philip Russotti, Jason Rubin

$2.95 Million - Wrongful Death Claim in New York

After a month-long trial and during jury deliberations, Jason Rubin settled a medical malpractice/wrongful death case for $2.95 million.

Jason Rubin

$2.75 Million - Fatal Medical Malpractice

Prior to trial, Jason Rubin obtained a $2.75 million settlement in a medical malpractice case involving injuries sustained by an infant at birth, which lead to his death six years later.

Jason Rubin

Click here to see more NY Medical Malpractice Verdicts & Settlements