How to Sue Kaiser Permanente for Malpractice

Medical malpractice is a serious issue that can result in severe injuries to a patient. In most cases, the victim can file a lawsuit directly against the medical professionals who committed the malpractice. However, in the case of Kaiser medical professionals, legal action will usually be accomplished through a specific process called arbitration. This typically requires the assistance of a lawyer who knows the ins and outs of how to sue Kaiser Permanente for malpractice. If you or a loved one were injured through Kaiser Permanente's malpractice or negligence, it is critical that you select a lawyer who has experience with these specific types of cases. Kaiser malpractices cases can be highly distinct from other medical malpractice cases, so you want to choose a law firm with proven success within this niche field of law.

Suing Kaiser Permanente For Malpractice: How the Process Works

What is Arbitration?

Kaiser Permanente requires its members to use arbitration forto resolvinge any claims of medical malpractice. Arbitration is a type of legal process that uses a neutral third party known as an "arbitrator" to help resolve the dispute. In arbitration, the arbitrator renders the final decision rather than a judge or jury, as is the case in a conventional lawsuit. The decision is still legally binding; in many respects, arbitration is not much different from a lawsuit in that each side must still prove its claim using evidence and witness testimony.   Suing Kaiser Permanente is common for certain types of medical malpractice cases, such as birth injuries and medical misdiagnosis, especially breast cancer misdiagnosis.

How Kaiser's Arbitration Process Works

As with any medical malpractice claim, the injured party needs to prove that Kaiser and its medical personnel engaged in conduct that fell below the normal standards of care for healthcare providers. This process is initiated by submitting a demand for arbitration to Kaiser's Office of the Independent Administrator. The demand must include:

• A brief statement describing the injury and how Kaiser is liable or responsible for causing it
• The amount of monetary compensation the injured patient is seeking
• The patient's contact information
• The name of all people the victim believes may be responsible for the injury (this can include doctors, physicians, surgeons, nurses, and even administrative staff)

The parties will then select and agree upon a neutral arbitrator. An arbitration management conference will be held within 60 days after the arbitrator is appointed. This conference is the time when the parties set deadlines for remaining events. These include a settlement meeting and the actual arbitration hearing. In most cases, the entire process wraps up within 18 months from the time the demand letter is processed.  As you can see, submitting a demand letter will set off an entire chain of events that you must be prepared to enter into. It is highly recommended that you contact and hire a lawyer even before you send a demand letter. That way, they can assist you with the letter and from then on, you can pass through the different steps with proper legal representation.

‍If a patient tries to sue Kaiser without a lawyer, they will most certainly be at a disadvantage, because Kaiser uses attorneys whether or not the patient has hired one.

What You Can Get Out of Arbitration  

Arbitration is considered a more "streamlined" legal proceeding than a traditional lawsuit, but you can still obtain the same kinds of damages. These include compensation for:

• Past and future medical bills
• Past and future lost wages
• Pain and suffering
• Additional costs, such as disability costs or future rehabilitation

In many cases, technical expert input may be required, especially for those involving more complex or extensive long-term costs and losses. The skill of the attorney handling the case is a highly influential factor when it comes to the amount of damages you are able to receive. This is why it is especially important to select a competent, experienced personal injury attorney when suing Kaiser Permanente.

Preparing for a Successful Arbitration

Proper, thorough preparation is the key to obtaining successful results through arbitration. As mentioned, the first step is contacting and hiring the right medical malpractice attorney to handle your case. When meeting with your attorney, you should prepare the following documents:

• Any medical records related to the malpractice incident in question
• X-rays, CT scans, lab results, MRIs, or other medical documents
• A list of questions to ask your lawyer; remember, there are no "stupid" questions
• A written account of the events leading up to your malpractice injury

Don't worry if you can't locate or obtain all of these. Your attorney will help compile whatever documents are needed for arbitration, and part of the consultation process is determining which items are relevant for the hearing.

Do's and Don'ts When Suing Kaiser

As you engage in the legal process:

• Do: Be candid and open with your lawyer. Remember that any information you share with them will be held in the strictest confidence.
• Do: Try to recall and document as many details of your injury as you can. While you may not understand exactly what happened to you medically or legally, your case will be stronger the more information you can communicate to your lawyer.
• Do: Reach out for assistance if you need it, especially if you are physically or mentally unable to function due to your injuries.

• Don't: Speak to the other side without representation. They can use these interactions against you during the legal process. At a certain point, all communication will be between your attorney and the opposing side's attorney.
• Don't: Post information about your case or claim on social media. Again, these can be obtained and possibly used to weaken your case.
• Don't: Delay in contacting a lawyer and filing your case. There are filing deadlines associated with medical malpractice claims, and you don't want to miss your window of opportunity for filing.

Last, don't get confused or frazzled by stories or accounts from other people's cases. Each case is unique, and one person's outcome won't necessarily indicate how your case will turn out.

Overruling the Results of a Kaiser Arbitration

In certain cases, it may be possible or even necessary for a court to overturn the results of a Kaiser arbitration. This is rare, but it does happen. To do this, the courts must find that:

• Fraud was involved in the arbitration process;
• The evidence did not support the arbitrator's ruling; or
• The damage award was extremely disproportionate to the injury or liability.

Also, there may be cases where arbitration is not the proper route for recovery, and the parties may be required to litigate the case normally through the civil court system. This also is rare and usually involves issues such as fraud in the Kaiser contract.

Kaiser Arbitration Cases are Complex - Hire a Lawyer for Assistance

Compared to other types of medical malpractice claims, Kaiser medical malpractice arbitration requires specific knowledge of the process. The need to hire a lawyer who has experience and proven results in this field cannot be understated. If you or a loved one were harmed due to medical malpractice at Kaiser, contact us at Hodes Milman for legal representation. We have decades of experience obtaining favorable case results for our clients through arbitration. Call us at (949) 640-8222 to schedule a confidential, no-obligation consultation. Get in touch with us before filing a demand letter so that we can begin preparing your case.