An injured man has been awarded a $17,250,000 settlement thanks to efforts from Daniel Hodes of Hodes Milman. After suffering a preventable stroke due to misdiagnosis prior to surgery, our client will need round-the-clock care for the rest of his life.
Kaiser Permanente is one of the oldest health maintenance organizations (HMOs) in the US, covering millions throughout California. Kaiser medical groups employ thousands of physicians. When a person is injured due to medical malpractice by one of Kaiser’s doctors, surgeons, or nurses, patients and their families must negotiate with this enormous medical group to find justice.
In these instances, an experienced medical malpractice lawyer is essential. If you need legal representation for a medical malpractice or Kaiser Permanente lawsuit, reach out to our Orange County attorneys online or by calling (949) 640-8222. The sooner you call, the sooner we can get to work on your behalf, which then allows you to heal in peace.
For more information on this multi-million dollar settlement, how arbitration works, and other cases Hodes Milman has won for our clients against Kaiser medical group, read on.
Award: $17.25 Million Settlement for Kaiser Stroke Lawsuit
Here are the details of our latest settlement victory for a Kaiser medical malpractice client:
- Patient: A 39-year-old substitute teacher for the Los Angeles Unified School District (LAUSD) with chronic kidney disease who showed high creatinine before surgery, a sign of acute kidney injury.
- Injury: After undergoing surgery for a tumor on his abdominal muscle in 2019, the patient suffered a large posterior circulation stroke, meaning the blood supply to the back of the brain was disrupted.
- Issue: It was noted that this elective surgery should not have gone forward given the patient’s compromised kidney function. Had the surgery not occurred, our client would not have suffered the stroke.
The effects of a stroke can cause life-long disabilities, permanently altering a person’s ability to think, speak, walk, or employ fine motor skills like those needed for gripping and using a toothbrush. Kaiser originally offered $4 million to settle this case, an amount that did not fairly cover the injuries our client suffered.
Due to our efforts, we were able to raise the compensation amount from Kaiser to $17,254,764, a difference of over $13 million. This amount will help fund dignified care for our client, which includes 24/7 home health aids for the balance of his life expectancy.
What Is the Role of Arbitration in a Kaiser Lawsuit?
Kaiser Permanente is a vast integrated managed care consortium. Kaiser routinely enforces binding arbitration in medical malpractice cases, as it is included in the enrollment paperwork for members.
Here is an arbitration overview for Kaiser patients:
- Arbitration is an out-of-court hearing that is still legally binding. Those who agree to arbitration must accept the decision made by the arbitrator, and cannot file a lawsuit through the traditional court system.
- The arbitrators are neutral individuals who hear both sides and make a decision on your case. They take the place of a judge or jury.
- Arbitrations are preferred by groups like Kaiser because they are cheaper and faster than formal trials. They are also confidential and private, meaning the general public will likely not hear about the details of the case.
The arbitration process happens quickly and requires dense knowledge of medical law. Kaiser’s counsel has been doing this for a very long time, and they know exactly what they’re doing during the arbitration process. It is unrealistic to enter an arbitration process without an experienced medical malpractice or insurance dispute attorney and expect a favorable result.
Can Hodes Milman Help With a Kaiser Permanente Case?
Here are select examples of the kind of cases we have won for clients against Kaiser Permanente:
- Child/birth injuries including a $175,550 arbitration award for an 8-year-old boy who lost a testicle due to Kaiser staff care failure.
- Prescription/pharmacy error cases, including a lawsuit against a Kaiser physician who repeatedly prescribed excessive amounts of opioids like hydrocodone, morphine, and fentanyl, leading to one patient’s overdose.
- Wrongful death cases, including the maximum arbitration award of $250,000 for the survivors of a woman whose negligent cancer screening with Kaiser led to her untimely death.
The attorneys at Hodes Milman do everything in our power to ensure the award you take home actually covers your losses and needs going forward. We are not intimidated by the arbitration process, and have secured life-changing amounts to benefit our clients, their families, and their futures.
Contact Experienced Kaiser Arbitration Attorneys
This latest multi-million dollar result from Kaiser was achieved due to our in-depth knowledge of medical law and the intricacies of the arbitration process. The work of reaching a settlement is your attorney’s job — your only priority is to heal and recover.
If you or a loved one are in need of experienced representation for a Kaiser Permanente or other medical malpractice lawsuit, contact Hodes Milman as soon as possible at (949) 640-8222. Once you have an attorney working on your behalf, you can rest assured that your case is in proven, professional hands.