Jablecki v. Kim

Mr. Jablecki appeared at the office of Dr. Emory J. Linder, his internist with complaints of dizziness and instability while standing. Mr. Jablecki had a prior history of coronary troubles, including a heart attack and bypass surgery. Dr. Linder diagnosed a transient ischemic attack (TIA) and told Mr. Jablecki to get a CT scan a week later. Forty-eight hours after the office visit, the client had a permanently debilitating stroke leaving him unable to speak, walk, or return to work. A serious percentage of strokes occur within forty-eight hours of a TIA, but the physician ignored his own diagnosis. The jury found that Dr. Linder's in office diagnosis of a transient ischemic attack (TIA) required immediate attention rather than waiting a week. The jury award permitted the client to move to a wheelchair accessible one story home and to receive appropriate at home care.