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Failure to diagnose, treat transient ischemic attack

September/October 2023

Tammy Prince, 54, experienced sudden weakness in her left arm and leg as well as loss of balance, which lasted approximately 10 minutes. She was taken to the Decatur Memorial Hospital ER, where she was seen by physician David Kiel. Kiel, who allegedly did not obtain a neurology consultation, diagnosed “anxiety about health” and discharged Prince with instructions to follow up with her family physician.

Prince suffered a catastrophic ischemic stroke 36 hours after her discharge. She now has residual weakness on her left side and uses a walker.

Prince filed suit against Kiel, alleging failure to diagnose and treat a transient ischemic attack (TIA). The plaintiff argued that although Kiel had included TIA in his differential diagnosis, this was not ruled out before Prince’s discharge. Had she been given an antiplatelet drug, the plaintiff asserted, her risk of suffering a stroke would have decreased by as much as 90%.

The parties settled the case during trial for the defendant’s $1 million policy limits.

Citation: Prince v. Kiel, No. 17 L 135 (Ill. Cir. Ct. Macon Cnty. June 15, 2023).

Plaintiff counsel: AAJ members Matthew R. Basinger and Donald A. Shapiro, both of Chicago.