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Failure to Diagnose Medical Conditions

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If you have suffered the loss of a loved one from a severe injury or accident in California, Walkup Melodia can help you. Please contact us online or call now (888) 564-8254 for an immediate consultation with a wrongful death lawyer in San Francisco.

Failure to Diagnose Bladder Cancer - $1.3 Million Settlement

Walkup's Kaiser Malpractice attorneys negotiated a settlement in excess of $1,300,000 on behalf of a widow and two surviving children of a man who, over a period of more than two years, was repeatedly misdiagnosed with urinary tract infections instead of cancer.

The man reported to his primary care Kaiser physician complaining of frequent, painful and bloody urination. Although his symptoms suggested the possibility of bladder cancer, his Kaiser physician was convinced the problem was related to aging and an enlarged prostate. Kaiser sent the man home with medications to help with the patient's symptoms. Over the next two years, he repeatedly returned to Kaiser with no improvement in his bladder condition. Kaiser was given repeated opportunities to diagnose and begin treating the man's bladder cancer, which was developing at a rapid rate. By the time doctors finally diagnosed the man's bladder cancer, it was in Stage IV and had already metastasized to his other organs. The settlement was reached prior to mediation and consisted of both an annuity and lump sum cash payment.

Failure to Monitor Following Brain Surgery- $575,000 Settlement

Attorneys at Walkup, Melodia, Kelly & Schoenberger obtained a settlement in the amount of $575,000 on behalf of the heirs of a 62-year-old Kaiser member who died due to a failure by Kaiser Redwood City nurses to adequately monitor his neurological status following brain surgery.

The member underwent a resection of the third ventricle to remove a tumor. He came through the procedure in stable condition but developed increased intracranial pressure during the night following surgery. Nurses failed to adequately monitor his neurological status as required by existing protocols, and the swelling of his brain was not reported to the member's neurosurgeon until the following morning. That physician attempted to reduce the pressure caused by the swelling by performing an emergency shunt procedure, but it was too late, as the increased intracranial pressure had caused irreversible global brain damage. The member was comatose until his death three days later.

Failure To Diagnose Breast Cancer- Confidential Settlement

Our medical malpractice wrongful death attorneys obtained a seven figure settlement on behalf of the heirs of a woman who experienced a two year delay in the diagnosis of breast cancer. Twenty four months prior to her diagnosis the woman felt a lump in her breast and made an appointment with her gynecologist. Her physician performed a "bedside ultrasound" with a portable ultrasound machine and assured her that the lump represented benign fibrocystic changes. She was not offered a diagnostic mammogram, formal ultrasound or fine needle biopsy. Later, during a routine screening mammogram, the radiologist found a lesion in the same area where plaintiff previously identified the lump. Further diagnostic evaluation, including an ultrasound and ultrasound guided biopsy revealed stage IV breast cancer.

Fatal Failure to Diagnose Pulmonary Embolus - Confidential Settlement

Walkup attorneys obtained a confidential settlement on behalf of the siblings of a 49-year-old man who died as a result of undiagnosed and untreated pulmonary embolism at Kaiser South San Francisco. The man had previously suffered a pulmonary embolism and informed Kaiser of the history of pulmonary embolism when he reported to the emergency department at Kaiser South San Francisco. In addition, he presented with a heart rate of 120 and elevated pulse rate, shortness of breath and chest pain. Kaiser diagnosed asthmatic bronchitis despite the fact that the man had no history of asthma. He was given albuterol and no testing for pulmonary embolism was done. Walkup attorneys successfully argued that the man's history of acute pulmonary embolism in conjunction with the man's symptoms necessitated a differential diagnosis of pulmonary embolism.

Failure To Diagnose Breast Cancer - Confidential Settlement

Our medical malpractice wrongful death attorneys obtained a seven figure settlement on behalf of the heirs of a woman who experienced a two year delay in the diagnosis of breast cancer. Twenty four months prior to her diagnosis the woman felt a lump in her breast and made an appointment with her gynecologist. Her physician performed a "bedside ultrasound" with a portable ultrasound machine and assured her that the lump represented benign fibrocystic changes. She was not offered a diagnostic mammogram, formal ultrasound or fine needle biopsy. Later, during a routine screening mammogram, the radiologist found a lesion in the same area where plaintiff previously identified the lump. Further diagnostic evaluation, including an ultrasound and ultrasound guided biopsy revealed stage IV breast cancer.

Failure to Diagnose Breast Cancer - Confidential Settlement

Walkup attorneys negotiated an undisclosed settlement after Kaiser failed to timely diagnose and treat breast cancer in a 56-year-old woman. By the time the breast cancer was discovered, it was in Stage III, and the woman's prospects for survival were grim.

The woman presented to Kaiser Oakland with breast lumps and was diagnosed with Stage I breast cancer in two different locations in her left breast. She underwent treatment for one area of lumps; however, she was discharged without any follow-up to the lumps in the other area of her breast. She saw several Kaiser physicians over the next two years, and although the lumps were recorded in her medical chart, no Kaiser physician ever followed up with her about them. Over this period of time, the breast cancer developed from a highly treatable Stage I to Stage III from where it eventually metastasized to her brain. In addition to the failing to follow-up on the previous findings of lumps, Kaiser also negligently misread a mammogram as negative during this two-year period.

Failure to Diagnose Infection

Walkup attorneys prosecuted arbitration on behalf of the surviving children of a 34-year-old male who went to the emergency room at Kaiser Oakland complaining of flu-like symptoms, fever, pain and weakness so pervasive that he had difficulty walking from his car to the urgent care center at the Kaiser facility. On arrival, a nurse, rather than a doctor, evaluated the patient. The nurse incorrectly determined that he was not in need of medical care and discharged him home without treatment. The next day the patient returned to the emergency room again, now with worsening pain and weakness and a new symptom: unusual spotting on his fingers. He was again sent home with orders to report to the clinic that afternoon. When he returned as ordered, the doctor who saw him gave no significance to the odd spots and attributed all of the patient's complaints to a viral illness. The member was discovered dead two days later. An autopsy demonstrated that he had been suffering from overwhelming sepsis, which should have been treated sooner with immediate medical attention and IV antibiotics. Walkup attorneys retained specialists in emergency room medicine, nursing, infectious disease and economics to demonstrate that the Kaiser personnel who saw the decedent had breached the standard of care and caused economic loss to the survived children, aged 9 and 8.

Failure to Diagnose Deadly Cervical Cancer - Confidential Settlement

Our medical malpractice lawyers successfully concluded a case on behalf of the two surviving daughters of a 35-year-old woman who died of cervical cancer. Our attorneys proved that both the women's primary care physician and a laboratory, which failed to follow up properly on biopsy slides, were responsible for the failure to diagnose and treat cervical cancer in its early stages. Through the testimony of experts in pathology, our attorneys demonstrated that pap smears were under-reported. Experts in cytology testified that the laboratory should have brought these abnormalities to the attention of the primary care physician. The confidential settlement included an initial cash payment and future installment payments to cover the surviving children's educational and other maintenance expenses through age 23.

Contact our California fatal accident lawyers today. Make an appointment for a FREE CONSULTATION to discuss your family's potential wrongful death claim. Call 1.888.564.8254 or 1.415.658.9310.

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The wrongful death attorneys at Walkup, Melodia, Kelly & Schoenberger represent the families of wrongful death victims in California and Nevada, including the cities of San Jose, Sacramento, Oakland, San Francisco, Santa Rosa, Fresno, San Mateo, Walnut Creek, Concord, San Rafael, Napa, Redwood City, Stockton, Modesto, Los Angeles, San Diego, Reno, Las Vegas, Elko, Carson City and Tahoe.

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