Medical Malpractice

Medical Malpractice Wrongful Death Attorneys

For more than 45 years, the Walkup, Melodia, Kelly & Schoenberger medical malpractice wrongful death law firm has helped families deal with the legal and financial realities that surround the death of a loved one. When the death comes at the hands of health professionals, it is especially difficult for survivors to understand.

Helping Malpractice Victims' Families Since 1959

Call Now so We Can Take Action on Your Behalf

At Walkup, Melodia, we have a full-time highly trained doctor-lawyer on our staff and decades of experience pursuing medical malpractice wrongful death cases. We know how to obtain and review medical records, where to find experts and how to effectively deal with the attorneys and insurance companies that represent doctors and hospitals. Our experienced wrongful death attorneys have spent years developing a network of medical experts we can rely on to verify standards of treatment.

If you suspect a family member has died because of medical or hospital neglect or malpractice, talk to our legal staff, tell us what happened and why you feel medical malpractice was involved. We will evaluate and investigate the case and help you determine what actions to take.

If your medical negligence wrongful death case involves Kaiser Permanente, talk to the lawyers who have handled more Kaiser Permanente arbitration claims than any similar law firm.

In California, wrongful death cases that arise from medical malpractice are subject to specialized rules, called MICRA (Medical Injury Compensation Reform Act). The relevant provisions of this statute are found in California Civil Code §§3333.1 and 3333.2. This statutory scheme gives doctors and hospitals an advantage against wrongful death survivors, and limits their recovery to $250,000. Because recovery for medical malpractice wrongful death is limited in California, it is critical that you select wrongful death attorneys who have worked with the MICRA rules in the past, and know how to maximize the elements of damage above and beyond the $250,000 general damage limit.

The wrongful death attorneys at Walkup, Melodia, Kelly & Schoenberger have represented the families of medical malpractice victims against hospitals, doctors, nurses, HMO's and others. Examples of our success in the medical malpractice wrongful death area include the following cases:

Examples of Our Success

Failure to Diagnose Deadly Cervical Cancer - Wrongful Death

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 woman'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.

Uterine Rupture - Infant Death

Our medical malpractice wrongful death lawyers resolved a birth injury case, in a confidential amount, on behalf of the parents of a 2-day-old infant who died after his mother's uterus ruptured during labor. The mother was admitted to the hospital with contractions, but was sent home several hours later because the nurses felt she was not progressing. Once home, she began to experience severe abdominal pain. By the time doctors realized that the infant was outside the uterus in the abdominal cavity, an emergency cesarean section was unsuccessful in delivering the baby before it suffered severe compromise. The infant died two days later. Our attorneys demonstrated that the mother should never have been sent home from the hospital, and that, had she been monitored properly, her impending uterine rupture would have been recognized, and a timely cesarean section would have been performed, and the baby's life was saved.

Failure to Diagnose Pelvic Fractures - Wrongful Death

Our medical malpractice wrongful death specialists successfully represented the wife and adult child of a 48-year-old junior high school principal who died of complications from undiagnosed pelvic fractures after a fall. Our attorneys demonstrated that x-rays taken at the time of his initial treatment were misinterpreted and that, as a result, he developed pulmonary emboli which ultimately caused cardiac arrest. The defendant hospital and its physicians claimed that the original injuries from the fall were by themselves sufficient to produce death, and that the failure to correctly interpret the x-rays was not negligent. The amount of the settlement, confidential in nature, included the maximum amount available for general damages representing loss of care, comfort, society and love, as well as an amount equal to the present cash value of the decedent's lost future wages, earnings, support and benefits.

If your loved one died because of a misdiagnosis, a failure to diagnose, a surgical error, an emergency room mistake, a hospital-caused infection, a birth injury, an infected tissue transplant, a prescription error, or any other medical mistake, Contact our medical negligence lawyers today. Make an appointment for a free consultation. toll-free 1.888.732.8897.

Se habla espaňol

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.