Stroke Misdiagnosis Lawyer in Las Vegas
45 Years of Malpractice Litigation Experience, Led by a Former Nevada Medical Legal Screening Panel Head
Burris & Thomas, LLC represents injury victims and families across Nevada in medical malpractice matters, including claims arising from missed or delayed stroke diagnoses. With over 45 years of combined experience and a record of numerous million-dollar verdicts and settlements, the firm brings serious litigation capability to cases where a hospital or physician’s failure to recognize a stroke changed everything. Founding attorney Steven M. Burris served as head of the Southern Nevada Panel of the State of Nevada Medical Legal Screening Panel from 1996 to 1998, a role that placed him at the center of how Nevada evaluates medical negligence claims.
If you or someone in your family may have been harmed by a missed or delayed stroke diagnosis in Las Vegas, call Burris & Thomas, LLC at (702) 529-3101 for a free case evaluation. There are no upfront costs.
When Stroke Warning Signs Are Misread
The BE-FAST acronym (Balance, Eyes, Face, Arms, Speech, Time to call 911) was developed to capture stroke warning signs that the older FAST framework sometimes misses. Even with these tools in wide use, strokes are still misattributed in emergency settings. Dizziness, sudden headache, slurred speech, and confusion are frequently mistaken for vertigo, migraine, or intoxication, a recognized diagnostic failure pattern with serious consequences.
Brainstem and posterior circulation strokes are particularly difficult to catch. They can present without classic facial drooping or arm weakness, appearing instead as double vision, difficulty swallowing, or sudden loss of coordination. Because clot-dissolving treatment with tissue plasminogen activator (tPA) is most effective within a narrow window after symptom onset, a delayed diagnosis can eliminate the most time-sensitive treatment option entirely.
Under Nevada law, professional negligence is a health care provider’s failure to use the reasonable care, skill, or knowledge ordinarily used under similar circumstances (NRS 41A.015). Whether a physician’s choices in an emergency department met that standard is the central question in any stroke misdiagnosis claim.
How Stroke Diagnoses Get Missed
Diagnostic failures in stroke cases tend to follow recognizable patterns. CT scans, standard in most emergency workflows, can miss early ischemic strokes. MRI with diffusion-weighted imaging is more sensitive, but it isn’t always ordered. When the imaging doesn’t match the clinical picture, the diagnostic gap widens.
Younger patients and those without typical cardiovascular risk factors are more likely to have their symptoms attributed to something else. Failure to consult neurology when the situation warrants it compounds the problem. Each of these decisions, or failures to act, can represent a departure from the standard of care that forms the basis of a legal claim.
Who Can Be Held Responsible in a Missed Stroke Case
Liability doesn’t always fall to a single party. Depending on who made the relevant decisions during the course of care, responsibility may rest with an individual emergency physician, a radiologist, a hospital system, or multiple defendants. Identifying every responsible party is part of what a thorough investigation requires.
Nevada law sets procedural requirements that govern whether a malpractice complaint can move forward. Under NRS 41A.071, a complaint must be supported by an affidavit from a qualified medical expert practicing in a substantially similar field. Expert testimony establishing that a deviation from the standard of care caused the injury is also required under NRS 41A.100. These aren’t formalities. They determine whether a case has legal standing from the outset. Burris & Thomas, LLC also represents families pursuing wrongful death claims when a stroke misdiagnosis results in death.
Filing Deadlines & Damages in Nevada Malpractice Claims
Nevada’s statute of limitations for malpractice claims is tiered by when the injury occurred. For injuries on or after October 1, 2023, the deadline is three years from the injury or two years after discovery, whichever comes first. For injuries between October 1, 2002 and September 30, 2023, the window is three years from the injury or one year from discovery. Missing either deadline can forfeit the right to pursue a claim regardless of its merits.
Economic vs. Noneconomic Damages
What a claim may recover depends on the type of loss. Economic damages, including medical expenses and lost income, aren’t subject to a cap and may be recoverable in full. Noneconomic damages such as pain and suffering fall under Nevada’s cap schedule: starting at $350,000, the cap increases by $80,000 each January 1 from 2024 through 2028, reaching $750,000, after which it rises 2.1% annually. Where a case falls within that schedule directly affects how claims are valued and pursued.
Speak with a Las Vegas Attorney About Your Stroke Misdiagnosis Case at No Cost
Burris & Thomas, LLC handles medical malpractice cases on a contingency-fee basis. Clients pay nothing upfront and no attorney’s fees unless the firm recovers compensation. Free case evaluations are available to anyone who believes a stroke was missed or diagnosed too late.
Contact Burris & Thomas, LLC today by calling (702) 529-3101 to discuss what happened and whether a claim may be available under Nevada law.
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 702-529-3101 today!
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How much is my case worth?
There are many factors that go into evaluating the settlement value of a personal injury case. It is not a simple matter of applying a formula. Typically, everyone thinks that their case is “simple” and “clear-cut”. Everyone tends to think that the amount of money they are seeking is “fair and reasonable”. That is human nature. However, the reality is that, in the end, a personal injury case is worth what a jury says it is worth. The job of the victim’s personal injury lawyer is to come up with a settlement that reflects the risk of going to trial (odds of winning vs. odds of losing), together with the range of what value a jury might actually return on the case.
In deciding settlement values, we need to consider the following:
- Is fault clear, or contested?
- Are the injuries severe or mild?
- Is there an issue with insurance coverage?
- Is the client a good communicator?
- Is the defendant/wrongdoer likable or unlikable?
Normally, I am able to give a very general estimate range of settlement value and odds soon after taking on a case, with the understanding that these are just estimates and not guarantees. The longer the case goes on, the more definite I can be about the settlement value range.
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Do I have a personal injury case?
It is often times said by attorneys that in order for there to be a viable personal injury case, there must be “three legs on the stool.” These legs are: liability (or fault); damages (or injury); and collectability (insurance). If any one of the “legs” is missing, then there is not a viable case.
- Liability - A clear example of liability would be someone running through a red light. That person would be at fault. On the other hand, let us say that somebody is hit by a meteorite falling from the sky, and seriously hurt. In that case, although there is injury, there is no earthly entity at fault.
- Damages - An example of damages would be someone getting hit in the nose by an airbag, which breaks their nose. That person has an injury caused by the collision. On the other hand, what if that same person is almost hit by a car running a red light, but by the grace of God is able to avoid the collision? That person might say “I was almost killed, but I didn’t get a scratch.” In that case, the person was not injured and there is no case.
- Collectability - To give an example of collectability, imagine that a drunk driver runs through a red light, and the driver is Donald Trump. In that case, if Donald Trump hit and injured someone when he ran the red light, the victim will be able to collect upon any judgment that they receive. Imagine, on the other hand, that the drunk driver is someone who just got out of prison, and has no insurance and no property. Although that person will probably go to jail, there is no practical way to collect money from him, as he is a “scofflaw” living outside responsibilities of society.
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What Is the Nevada Statute of Limitations for Personal Injury Cases?
When it comes to filing a personal injury lawsuit, it's important to pay attention to the statute of limitations for the state you're filing in. A statute of limitations is the time limit that a state puts on how long after your accident you are allowed to file a personal injury lawsuit. Statutes vary from state to state.
Nev. Rev. Stat. § 11.190(4)(e) (2016) states that individuals wishing to file a personal injury lawsuit must do so within 2 years of the date of their accident. However, there are certain exceptions that can be made depending on your circumstances. For example, if you have been injured as a result of medical malpractice, you generally only have 1 year to file your lawsuit after the date of your injury (Nevada Revised Statutes section 41A.097).
Statute of limitations can be complex, and if you fail to file your lawsuit within the allotted amount of time your case will most likely be dismissed. Don't put your compensation on the line! Contact our experienced Las Vegas personal injury attorneys today to schedule a free consultation and determine what your next steps should be.
