Kaiser Permanente is the largest health insurance provider in California.
Unlike other California insurance companies, when you sign an insurance policy with Kaiser Permanente, you must waive your right to sue its doctors and other health care professionals in court. Instead, Kaiser handles all medical malpractice claims through binding arbitration. We have been successfully representing Kaiser medical malpractice victims in California for many years.
Medical malpractice claims against Kaiser may including the following:
- Cancer misdiagnosis
- Anesthesia errors
- Medical treatment errors
- Surgical errors
- Kaiser hospital emergency room errors
- Wrongful death
In the Kaiser arbitration process, the case is decided by one neutral arbitrator, or a three-member panel of arbitrators, rather than by a judge and jury. Much like a conventional trial, there is the presentation of evidence, which typically includes documentation of medical treatment and expert testimony. At the end of the arbitration, the single arbitrator or the panel will decide whether there was negligence, and if so, what injury damages the patient should receive.
Kaiser patients need a lawyer who understands how to arbitrate and settle malpractice cases in the unique Kaiser arbitration system. Kaiser’s own internal statistics show that where patients do not have a lawyer, more than 50% of the time they lose the case in summary judgment-this is a process where the arbitrator decides the case against the patient before any hearing ever takes place.
Kaiser malpractice cases are subject to the same statute of limitations that apply to non-Kaiser cases, and the same pre-trial discovery rules. California law provides that, for adults, medical malpractice cases must be commenced within one year of the victim’s discovery of the malpractice, but, irrespective of the date of discovery, within three years of the time the malpractice occurred. Even this three-year outer limit can be subject to certain exceptions. The time limit to initiate your case can be extended under certain circumstances by sending a “Notice of Intent” letter to Kaiser. Calculating California medical malpractice time limits can be complex, and you should consult an attorney as soon as possible for legal advice.
Here are some of the results we have obtained for our clients who were injured due to Kaiser medical malpractice:
If you were a victim of medical error, our team at Karlin & Karlin, APLC is here to protect your interests, call our Main Office: 213-365-1555 or Toll free: 888-365-1555. We have been protecting the rights of personal injury and medical malpractice victims for over 40 years and we know how to get results. Our experienced trial attorneys know how to recognize the signs of medical malpractice and can help you prove the fault of the medical professional(s) responsible for your injuries. With millions recovered for previous clients, you can feel confident knowing that our medical malpractice lawyers will be standing by your side, seeking the full amount of compensation that is owed to you.