Kaiser Permanente is one of the largest healthcare providers in the U.S. Like any healthcare institution, it can often be subject to various liability issues, including medical malpractice and medical negligence. If you or a loved one have been injured due to negligence at a Kaiser Permanente facility, you may need the assistance of a qualified legal team that knows how to handle Kaiser’s complex system.
For Kaiser medical malpractice suits, the claim will typically be subject to a Kaiser arbitration agreement. Arbitration is a type of legal dispute resolution process that is similar to a lawsuit, but involves different procedural rules.
Watch the video below to learn more about what arbitration means and the importance of hiring a skilled lawyer for such cases.
While the primary goal of any healthcare organization is to help people get better, mistakes and errors can still happen. Such errors can often lead to injuries that are serious, costly, and in certain instances, fatal.
At Hodes Milman we understand that such situations can create a difficult time for you and your family. We are here to help fight for the compensation you need to move on with life. Contact us today at (949) 640-8222 to schedule a free consultation regarding your legal rights.
To learn more about Kaiser arbitration and what it might mean for you and your loved ones, read on. We have provided answers to FAQs about Kaiser medical malpractice lawsuits below.
Listen to Dan Hodes Explain Kaiser Arbitration
Cases 4 Causes Podcast | S2: Episode 2
Can You Sue Kaiser for Malpractice?
A common question that is asked after experiencing medical malpractice in connection with a Kaiser healthcare facility is, “Can I sue Kaiser for malpractice?” In some cases, you may be able to pursue legal action against Kaiser for your injuries. However, the process for obtaining relief against Kaiser is different than for most typical medical malpractice claims. The injured patient will be required to undergo an arbitration process, which is an alternative dispute resolution method outside of the court.
Below is a summary of the overall arbitration process for obtaining legal relief against Kaiser for malpractice.
Kaiser Arbitration Agreement
When a patient enrolls in Kaiser’s healthcare system, they are required to sign an arbitration agreement. In this agreement, they agree to resolve any conflicts or disputes through an arbitration process rather than in a courtroom in front of a judge or jury.
During arbitration, each party presents their claims before one another along with either a panel of three arbitrators or one arbitrator. An arbitrator is a neutral party assigned to oversee the resolution process.
Initiating the Arbitration Process
The Kaiser arbitration process may be initiated by submitting a “Demand for Arbitration” and paying the associated fees to Kaiser’s legal department. The Demand states the alleged injuries and violations and outlines the requested legal remedy. It is similar to a Complaint in a regular lawsuit. Mailing a letter will usually satisfy the Demand for Arbitration requirement, as there is no set form or paperwork for this step.
Once arbitration is agreed upon and arrangements are made, both sides will present their arguments for the case. It is here that the assistance of a medical malpractice lawyer is especially useful, as they will formulate a legal strategy and present evidence in support of your claim.
Reviewing the Claim
Once the sides are done presenting their arguments and supporting evidence, the arbitrator(s) will decide upon the appropriate remedy. The final results are binding, and the awards issued are enforced just as a final judgment would in a normal lawsuit.
In most instances, the arbitration results cannot be overturned or contested. However, there may be unique situations where arbitration results can be appealed. An example of this is where the arbitration award was obtained or decided through the use of fraud or coercion.
In most cases, a Kaiser arbitration award may not be appealed or overturned. The results of these proceedings are intended to be final, and the awards carry as much authority as a final judgment would in a conventional trial.
Generally speaking, you have one year from the date of the injury to file a claim. Thus, it’s important to seek legal counsel immediately if you believe you have a Kaiser medical malpractice claim. Your attorney can help you draft and submit the Demand for Arbitration in a timely manner to ensure you don’t miss any deadlines.
Getting Compensation in a Kaiser Permanente Medical Malpractice Suit
If you or a loved one have been injured due to Kaiser’s negligence, filing a legal claim can help you recover compensation for:
- Additional treatment or medical expenses
- Lost wages or lost earning capacity
- Wrongful death expenses
- Loss of consortium of a loved one (losing their companionship)
- Pain and suffering
- Various costs, especially those not covered by insurance
Every Kaiser Permanente malpractice suit will be different based on the type of injuries and the surrounding circumstances. We provide individualized, personal attention to each of our clients and work tirelessly to obtain the best possible outcome in Kaiser medical malpractice suits.
What Is Hospital Negligence?
Most claims brought against Kaiser Permanente will involve some form of hospital negligence. Hospital negligence is a specific type of medical malpractice involving improper conduct on the part of various parties and actors, which may include:
- Hospital administration
- Hospital employees
- Hospital nurses and attendant staff
Hospital negligence is distinct from other types of medical malpractice in that the claims typically involve the staff or admin as opposed to individual physicians. They can sometimes involve widespread violations or policies that involve several people or entire departments.
What Are Common Causes of Hospital Negligence?
In hospitals such as those Kaiser maintains, hospital negligence can stem from many causes. Such negligence may result from:
- Insufficient staff (i.e., a low nurse to patient ratio)
- Under-trained or underqualified staff
- Unsanitary or unsafe facilities
- Outdated equipment
- Poor record maintenance
- Improper testing methods
- Faulty communication between staff or departments
Hospital negligence injuries may impact the victim’s life and family. In many cases, it may require lifelong care and treatment. The medical malpractice lawyers at Hodes Milman understand the dangers involved in hospital negligence, and can identify where a breakdown in care may have led to an injury. We are committed to holding large facilities like Kaiser Permanente accountable for injuries caused by their negligence.
What Types of Injuries Might Be Involved in a Kaiser Permanente Malpractice Claim?
Kaiser medical malpractice suits might involve a broad range of preventable injuries. These can include:
- Falls
- Birth injuries
- Misdiagnosis of a medical condition (such as cancer misdiagnosis or misdiagnosis of a stroke)
- Surgical errors
- Medication errors
- Complications with anesthesia or medications
- Emergency room errors
- Nursing care mistakes
- Child or pediatric injuries
- Injuries and issues related to medical sexual abuse
- Wrongful death cases
These are grave medical mistakes that can seriously compromise the health and safety of a patient. Filing Kaiser medical malpractice suits can not only help the victim to recover damages for their losses, but may also uncover unsound practices or policies that might be at the source of these injuries. Landmark legal cases often require healthcare providers like Kaiser to improve their health and safety standards across the board.
Getting Compensation in a Kaiser Permanente Medical Malpractice Suit
If you or a loved one have been injured due to Kaiser’s negligence, filing a legal claim can help you recover compensation for:
- Additional treatment or medical expenses
- Lost wages or lost earning capacity
- Wrongful death expenses
- Loss of consortium of a loved one (losing their companionship)
- Pain and suffering
- Various costs, especially those not covered by insurance
Every Kaiser Permanente malpractice suit will be different based on the type of injuries and the surrounding circumstances. We provide individualized, personal attention to each of our clients and work tirelessly to obtain the best possible outcome in Kaiser medical malpractice suits.
Contact a Kaiser Medical Malpractice Lawyer
Injuries resulting from medical malpractice or hospital negligence at Kaiser hospitals can be severe, and in certain cases, life-threatening. The consequences can be life-changing for both the victim as well as their family members.
Why Hire Us
At Hodes Milman, we are dedicated to protecting the legal rights of those injured due to Kaiser medical malpractice issues. We have decades of combined experience in litigating complex malpractice cases and returning favorable results on behalf of our clients.
An experienced Kaiser malpractice attorney can help you obtain financial compensation, which can be the start of a new beginning for your recovery. The injury lawyers at Hodes Milman have decades of combined experience dealing with Kaiser medical malpractice suits. Contact us at (949) 640-8222 for a free consultation to determine what types of legal options you have and how we can help you.
Client Testimonials
“Ben kept me abreast of my case every step of the way, ensuring that I always had his support and answered all of my questions with candor and transparency.”
– Julie S.
“It was an absolute pleasure to have Dan Hodes and Jacob Brender represent my husband and I on a medical malpractice lawsuit. Their knowledge and expertise were always on point. I highly recommend this firm.”
– Rita G.
Case Settlements
At Hodes Milman we work tirelessly to obtain justice on behalf of our clients. We utilize all of our resources and legal experience to fight for the best possible verdicts and settlements for our clients. A few of our noteworthy case results include:
$10.9 Million Record Jury Verdict for a 34-Year-Old Woman – Failure to Diagnose Cancer:
In an HMO negligence lawsuit, improper follow-up resulted in diagnosis errors for Stage IV cervical cancer. To date, this was the largest verdict returned for medical malpractice wrongful death in Orange County.
$5.3 Million Jury Verdict for a 39-Year-Old-Male – Medical Negligence:
This case involved physicians who negligently placed a patient on a treadmill, even though they had an onset of new chest pain. The case notably included an economic damages award of over $2 million.
FAQs: How to Sue Kaiser for Malpractice
What is the Kaiser arbitration process?
Arbitration is an alternative process for resolving legal disputes besides conventional lawsuits. In a regular lawsuit, a judge or jury resolves the dispute; in an arbitration, the dispute is resolved before a neutral third party (an “arbitrator”). The same laws still apply, but arbitration is intended to be a quicker, more cost-effective way to resolve legal conflicts.
What is a Kaiser arbitration agreement?
Kaiser requires its members to agree in its contract to submit to arbitration for claims involving malpractice or hospital negligence. Kaiser typically tries to justify this with the claim that arbitration is faster and cheaper compared to a traditional lawsuit. However, this may not always be true.
Can I avoid the Kaiser arbitration process?
In most instances, Kaiser arbitration contracts may comply with state requirements regarding arbitration agreements. However, in some areas, the validity of a Kaiser arbitration agreement has successfully been challenged.
So, whether or not you need to resolve your claim through arbitration may depend on the unique facts of your case. You should contact a Kaiser arbitration lawyer at (949) 640-8222 if you have any questions about how Kaiser arbitration clauses might affect your claim.
What types of disputes can arise within Kaiser Permanente that may require arbitration?
Various disputes may arise within Kaiser Permanente, including medical malpractice claims, billing disputes, coverage denials, and disputes over the quality of care provided. Contact a lawyer if you have experienced a dispute that needs resolving.
How does the Kaiser Permanente arbitration process differ from a traditional legal proceeding?
Unlike traditional legal proceedings, Kaiser Permanente arbitration typically involves a panel of arbitrators rather than a judge and jury. The process tends to be more informal and may have different rules of evidence and procedure.
Can I represent myself in Kaiser Permanente arbitration proceedings?
It is possible to represent yourself in Kaiser Permanente arbitration proceedings. However, it is highly recommended to seek legal representation from a knowledgeable arbitration lawyer to navigate the complexities of the process and advocate effectively on your behalf.
How long does the Kaiser Permanente arbitration process typically take?
The duration of Kaiser Permanente arbitration proceedings can vary depending on the complexity of the case, the availability of the parties involved, and other factors. In general, arbitration may take several months to resolve, though some cases may be resolved more quickly while others may take longer.
What are the potential outcomes of Kaiser Permanente arbitration?
The outcomes of Kaiser Permanente arbitration can vary depending on the specifics of each case. Possible outcomes may include monetary compensation, changes to healthcare coverage or policies, or other remedies deemed appropriate through the arbitration decision.
Are the results of arbitration final?
In a standard civil lawsuit, the results of a case can sometimes be appealed. However, arbitration decisions are final; this means that the lawyer handling your claim should have proven success in obtaining an arbitration award.
Your Kaiser arbitration lawyer should have a deep understanding of the process, what it entails, and how to best use their resources to obtain the highest arbitration award.
How can a lawyer help with Kaiser Permanente arbitration?
Kaiser Permanente arbitration still functions in many ways like a conventional lawsuit. Both sides must present their evidence and witnesses (including medical expert witnesses). These matters are still best handled by an attorney who can craft a strong legal strategy to prove the case.
The lawyer must also be able to prove the arbitration case based on the law. This means they must be able to show that the hospital’s level of care fell below reasonable standards and that their conduct directly caused the injuries.
An experienced Kaiser arbitration lawyer can assess your case, help you with filing, and guide you through the arbitration process to help you recover damages for your losses. Get in touch with the lawyers at Hodes Milman at (949) 640-8222 for a free consultation to determine what your options are for your claim.
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