Early cancer detection and proper diagnosis often mean the difference between life and death for individuals afflicted with cancer. When Kaiser Permanente members fail to receive timely and accurate diagnosis from the medical professionals they entrust with their lives, Walkup, Melodia, Kelly & Schoenberger is there to help.
Information About Kaiser Permanente Failure To Diagnose Cancer Cases
A health plan must be ready to help its members fight any disease early, increasing the likelihood that it can be managed and possibly cured before it becomes untreatable. When providers fail, the attorneys at Walkup, Melodia can draw upon years of experience trying Kaiser delayed diagnosis cases Relying on experts in oncology, the Walkup medical negligence team can evaluate whether Kaiser physicians ignored or failed to appreciate warning signs and symptoms until it was too late.
For more information or to schedule a free initial consultation, contact us by email or call us today at 415-906-3764.
EXAMPLES OF OUR SUCCESS
In cases where the consequences range from the need for potentially unnecessary surgeries, to more aggressive chemotherapy, to reduced life expectancy or death, the Walkup team has been successful in representing victims and their families.
Failure to Diagnose Multiple Myeloma - Loss of Kidney Function
Walkup attorneys negotiated settlement for a 56 year old patient who developed kidney failure and required lifetime dialysis after Kaiser Walnut Creek doctors failed to take proper steps to treat what lab results and patient symptoms unequivocally indicated was multiple myeloma. The patient presented to his primary care physician complaining of back pain, nausea, weakness and fatigue, along with elevated creatinine and BUN. Though his PCP thought it probable that the patient had myeloma, she neglected to follow the standard of care, which required an aggressive work up and use of medications to reduce elevated calcium and uric acid levels, and administration of fluids to combat dehydration. It was not until two weeks later, when the patient presented to the Kaiser Walnut Creek Emergency Department with back pain, shortness of breath, anemia and kidney failure that doctors begin to treat his myeloma. At that point the damage to the kidneys had become irreversible. Walkup attorneys proved that had the patient's PCP made the appropriate diagnosis when it was first suspected, and followed the appropriate treatment protocols, the damage to the patient's kidneys could have been reversed, and lifelong dialysis would not have been necessary. In addition, the patient's need for dialysis made it impossible for him to seek treatment through new experimental medications. Included in the settlement was a separate payment for loss of consortium to the patient's wife.
Delay in Diagnosis of Breast Cancer - Shortened Life Expectancy
Walkup attorneys procured a $250,000 mediated settlement for a 61-year-old wife, mother and schoolteacher after doctors and nurse practitioners at Kaiser Santa Rosa failed to follow up when a lump was detected in patient's right breast.
The patient, who conscientiously performed self-breast exams every month, reported the detection of a small lump to her gynecologist, who referred her to the breast clinic. A nurse practitioner at the clinic conducted a fine needle aspiration, but lab results indicated that the sample was too small to evaluate. Another sample was never ordered. Though the lump remained, it was not until two years later that the patient's gynecologist suggested aggressive examination. A biopsy revealed that the lump was lobular carcinoma. The patient underwent a mastectomy, chemotherapy and radiation, but the delay in diagnosis of what could have otherwise been early detection of breast cancer effectively reduced patient's five year life expectancy to well below 50%.
Failure to Timely Diagnose Lung Cancer - Metastatic Spread
Through mediation, Walkup attorneys secured a $600,000 settlement for a 50-year-old educator and aircraft mechanic whom Kaiser Sacramento doctors failed to properly diagnose with lung cancer.
Failure to Diagnose Cancer
The patient first contacted Kaiser physicians 22 months before he was properly diagnosed, complaining of a persistent cough that kept him from sleeping. He was prescribed antibiotics over the phone. He next complained of the continuing cough and congestion 4 months later, but received no treatment. He returned to the doctor the following month, with the same complaints and requested x-rays. The Kaiser doctor who saw the patient said X-rays would be a waste of time and diagnosed reactive airway disease. The patient returned again 4 months later, with the added complaint of upper chest pain, at which time X-rays were taken. The results, which showed an infiltrate in the right lower and middle lobes of the lung, were never revealed to the patient, because a nurse, untrained in radiology, determined that they were superfluous. The patient suffered through the next year, his condition worsening, believing that he had reactive lung disease. Finally, when he could no longer walk without suffering fatigue, the patient saw his primary care physician, who ordered X-rays, which revealed a large right pleural effusion. By this time, the patient's tumor, which could have been resected at the time the first X-ray was taken, was completely inoperable. The settlement covered the patient's personal injury claim, as well as his wife's loss of consortium claim and any possible wrongful death claims.