Do you have a legal case against Kaiser?
Kaiser Permanente were the pioneers regarding the concept of the HMO. Based out of Oakland, at the present time, the Kaiser Foundation health plan includes more than 8 million members throughout the state of California. Kaiser employs an “integrated model” for health care delivery. They provide and coordinate the entire range of care for their members from preventative and emergency care, pharmacy services, and screening diagnostics to immunizations, well-baby and prenatal care to hospital and medical services.
If you’re a member of the Kaiser system, you have no choice when it comes to selecting hospitals outside of the system or doctors outside of the Permanente medical group. In addition, Kaiser’s California members have no choice when it comes to prosecuting medical malpractice claims in a court of law.
If you’re a member of Kaiser Permanente and you’ve suffered a serious personal injury due to negligence on the part of one of their doctors or surgeons, there are certain limitations which can prevent you from filing a lawsuit. This is because, in 1978, Kaiser implemented a provision in all of their group policies, requiring all cases of medical malpractice to be settled with a private arbitration system.
Arbitration is a method of resolving disputes, the goal of which is to reach an out-of-court settlement in cases of medical malpractice. The arbitration hearing is overseen by a neutral attorney, a retired judge, or panel. Both sides in the case present evidence, and the panel or judge renders a judgment based upon the evidence presented.
In the state of California, if you have suffered injuries from negligence on the part of a doctor, doctor’s group, or one of the many hospitals throughout the state, you have a right to file a medical malpractice claim. In California, the law requires that the act of negligence be a substantial factor in causing injury, harm, or damage. Most cases settle before trial; however, cases that have resulted in severe and permanent injuries or wrongful death to the victim, often go to trial.
This is not the case in medical malpractice claims involving a doctor, a doctor’s group, or one of the hospitals in the Kaiser system. As a result, many victims of medical malpractice feel that Kaiser’s arbitration process undermines their claim and the ability to get fully compensated for their injuries.
If you are looking for financial compensation for damages suffered as the result of negligence on the part of a Kaiser doctor, hospital, or nursing home by suing Kaiser, you need an attorney with a good track record when it comes to successfully litigating via the arbitration process to increase your chances of winning your cases. Your attorney should be experienced when it comes to dealing with the complexities of the Kaiser arbitration hearings.
Scott S. Harris, San Diego attorney for Kaiser Permanente Malpractice cases, will fight for your rights and will make sure that you’re justly compensated for the pain and suffering from your injuries.
Contact our office to schedule your free consultation.