Why Do You Need a San Diego Kaiser Malpractice Lawyer?
The majority of Vaage Law’s Kaiser medical malpractice cases involve failure to diagnose, failure to order proper tests/scans, or failure to refer to a specialist. We are the experienced team you need to seek justice.
Medical malpractice is the third leading cause of death in the United States. In Southern California, the healthcare management consortium known as Kaiser Permanente uses gatekeepers to control costs. These gatekeepers can be nurse practitioners or primary care physicians, who control referrals for testing, radiology imaging, and specialists.
Kaiser’s cost control measures can lead to misdiagnosis, failure to diagnose, and other forms of life-threatening medical malpractice. In such cases, it is important for patients or their loved ones to seek the assistance of a Kaiser malpractice lawyer. We at Vaage Law can help individuals and families navigate the complex legal system to seek compensation for the harm they have suffered.
If you have been harmed by suspected medical malpractice while under the care of Kaiser Permanente, it is crucial to consult with a San Diego Kaiser malpractice lawyer as soon as possible. Reach out to Vaage Law at (619) 338-0505 — we can investigate your injury and provide the experienced guidance and support needed to navigate this difficult situation to a satisfactory resolution.
Cases 4 Causes Podcast:Listen to Bob Vaage on the Cases 4 Causes Podcast as he talks about Medical Malpractice Arbitration.
What Could Kaiser Arbitration Settlements Include?
Kaiser Permanente is known for requiring patients to sign arbitration agreements as a condition of receiving medical care. These agreements prevent patients from filing lawsuits against Kaiser in court, and instead require them to go through an arbitration process to resolve any disputes (see FAQ below on this page for more details regarding the steps of arbitration).
If you are involved in arbitration with Kaiser Permanente due to a medical malpractice claim, you can still recover the same types of damages as other forms of malpractice cases, including:
- Medical expenses and lost wages: This can include reimbursement for medical bills, hospital stays, and other expenses related to your injury. If your injury has caused you to miss work or lose income, you may be entitled to compensation for these losses.
- Pain and suffering compensation: You may also be entitled to compensation for the physical pain and emotional distress you have experienced due to your injury. Family members can pursue for loss of companionship after a wrongful death.
- Punitive damages: In some cases, the arbitrator may include punitive damages, which are intended to punish Kaiser agents for their negligence and deter similar behavior in the future.
It is important to note that the specific terms of your settlement will depend on the facts of your case, the extent of your injuries, and the evidence presented during the arbitration process. Proof and calculation of damages is a complex aspect of arbitration in medical malpractice cases. The amount of damages recovered often depends on the skill and experience of the attorney handling the case.
This is why working with a proven Kaiser malpractice lawyer is essential — arbitration often favors the healthcare company, but an experienced lawyer can build a strong and effective case that beats the odds. You deserve to receive fair compensation for the harm you have suffered as well as future losses related to long-term injuries. Thus, it’s important to select an attorney who understands how to best maximize the damages recovered in Kaiser arbitration hearings.
Vaage Law’s Proven Kaiser Case Results
Our case results are evidence of the hard work and determination we apply to every case. Read how we have helped Kaiser patients in the past:
- $25,638,058.93 — Force Feeds Cause Bowel Perforation: In utero, a child was diagnosed with a congenital twisting of his bowels called atresia. He was force-fed formula by Kaiser medical staff which led to a rupture of his bowels, sepsis, emergency surgery, and a profound brain injury due to lack of oxygen.
- $5,000,000 — Kaiser Arbitrator Awards Damages to Stroke Patient: Kaiser doctors failed to timely diagnose a developing carotid artery dissection resulting in a massive stroke and complications from disseminated intravascular coagulation leading to bilateral, below-the-knee amputations.
- $4,950,527 — Kaiser Arbitrator Awards Damages to Brain Injured Teen: Kaiser healthcare providers failed to recognize a dislodged endotracheal tube, leading to an anoxic brain injury in a 17-year-old stabbing victim.
- $3,469,778 — Kaiser Arbitrator Awards Damages to Partial Paraplegic: Kaiser doctors failed to timely recognize and treat a thoracic disc herniation, leading to partial paraplegia, loss of bowel and bladder function.
- $1,489,568 — Kaiser Arbitrator Awards Damages for Excessive Traction: Excessive traction by Kaiser orthopedic surgeon during shoulder surgery caused a permanent brachial plexus injury to a woman’s arm and dominant hand.
We know what it takes to ensure Kaiser Permanente agencies and employees are held responsible for harm caused under their supervision.
What Is a Kaiser Arbitration Agreement?
As part of the enrollment in the Kaiser healthcare system, each patient signs an agreement requiring members to forfeit their rights to a jury trial for medical malpractice, and instead, submit to the arbitration process. Rather than presenting the claim in the courtroom in front of a judge and jury, the parties present their case before either a panel of three arbitrators or one neutral arbitrator.
The Kaiser Arbitration System is managed by the Office of the Independent Administrator (OIA). One interesting web page at the OIA is the “Disclosure Table About Arbitration Awards Received in Past Five Years – Sortable.” You can see the amount the parties are claiming, the monetary awards or settlement (if any), names of attorneys, and neutral arbitrators. This information is mandated by California Code of Civil Procedure section 1281.96.
How Is the Kaiser Arbitration Process Started?
If you believe you or a loved one were injured due to medical malpractice committed by Kaiser, you may initiate an arbitration proceeding. This is done by submitting a “Demand for Arbitration” and a $150 fee to the relevant Kaiser legal department – this depends on the location of the Kaiser operation. In Southern California, the Demand is mailed to Kaiser Foundation Health Plan, Inc., Legal Department, 393 East Walnut Street, Pasadena, CA 91188.
The Demand for Arbitration is similar to a Complaint in a conventional lawsuit, as it sets forth the alleged violations and proposes an appropriate legal remedy. There is no specific form or special filing paperwork associated with a Kaiser Demand for Arbitration.
Typically, mailing a letter will suffice so long as it includes vital information such as the nature of the violation and claim being brought, the amount of monetary compensation being demanded, the names of all the Kaiser entities that are believed to be at fault, and contact information of the injured party or your attorney.
How to Sue Kaiser Permanente: What Do Kaiser Arbitration Lawyers Need to Succeed?
The healthcare system known as “Kaiser” is made up of three entities: Kaiser Foundation Hospital, Southern California Permanente Medical Group (SCPMG), and Kaiser Foundation Health Plan.
In order to succeed in a Kaiser arbitration case, lawyers will need to possess several key qualities and skills, including:
- In-depth knowledge of medical malpractice law: Kaiser arbitration lawyers must have a strong understanding of medical malpractice laws and regulations, as well as the specific rules and procedures involved in Kaiser arbitration cases.
- Thorough investigation skills: A successful Kaiser arbitration lawyer must be skilled in investigating and gathering evidence to build a strong case on behalf of their client. This includes obtaining medical records, interviewing witnesses, and consulting with medical experts to develop a compelling case presentation.
- Strong negotiation skills: Lawyers must have strong negotiation skills to represent their clients effectively during the settlement negotiation process. This includes the ability to advocate for their client’s best interests, work collaboratively with opposing counsel, and arrive at a fair settlement agreement.
In summary, a successful Kaiser arbitration lawyer needs the necessary legal knowledge, investigative and negotiation skills, litigation experience, and communication skills for your particular case. They should also have the proven ability to work well under pressure to effectively represent their clients in these complex matters.
How Does a San Diego Kaiser Malpractice Attorney Benefit Your Case?
As with most medical malpractice claims, the lawyer for the injured party needs to demonstrate that Kaiser was negligent in rendering their treatment. This means proving that:
- The patient was owed a professional duty of care;
- Kaiser breached this duty of care in some manner;
- The breach of duty was the cause of the patient’s injuries; and
- The injuries resulted in damages that can be measured and calculated.
Healthcare providers like Kaiser must always provide treatment within the standard of care; this means they must apply the same level of skill and knowledge that a similar provider would reasonably utilize in the same circumstances. If they fail to exercise the appropriate standard of care, and that failure causes measurable injury to the patient, it may be considered medical malpractice.
Proving what the standard of care is and whether it was breached can be a complex matter that requires the explanation of an expert witness. At Vaage Law firm, we have the experience to handle such matters and have access to the top medical experts who can assist during trial.
Our malpractice arbitration attorneys can benefit your case against Kaiser in several ways, including:
- Investigation and evidence gathering: Your attorney can conduct a thorough investigation of your case, including gathering medical records, interviewing witnesses, and consulting with medical experts to build a strong case on your behalf.
- Case preparation: Your attorney can prepare a compelling case presentation for the arbitration panel, including expert witness testimony, exhibits, and other evidence to support your claim.
- Negotiation skills: Your attorney can negotiate with Kaiser Permanente on your behalf to reach a fair settlement agreement. They have the skills and experience needed to advocate for your best interests and obtain the compensation you deserve.
- Representation in arbitration: Your attorney can represent you during the arbitration process, presenting your case to the arbitration panel, cross-examining witnesses, and advocating for your best interests.
- Appellate representation: If the arbitration award is unfavorable, your attorney can represent you during the appeal process and fight for a just resolution of your case.
Our Kaiser malpractice lawyers have a deep understanding of the medical industry, including the laws and regulations that govern healthcare providers. We can investigate cases, gather evidence, and build a strong case against Kaiser, helping our clients to obtain the compensation they deserve.
Contact a Proven Kaiser Medical Malpractice Attorney
Kaiser medical malpractice arbitration proceedings are a highly technical and specific type of legal action. They involve many minute details that are different from a normal civil court trial. The arbitration hearings require the knowledge and expertise of an attorney who has hands-on experience dealing with Kaiser, neutral arbitrators, and the overall process. A Kaiser arbitration lawyer can provide guidance, beginning with the Demand, and following all the way through to completion of the damages award calculations.
In our experience, the Kaiser hospital system’s medical malpractice generally stems from:
- Emergency physician negligence (failure to admit a patient)
- Surgical negligence
- Hospitalist / attending / ICU physician / nursing negligence
At Vaage Law, every single person in the firm works on your case. With almost 150 years of combined legal experience and more than $175 million recovered for our clients for medical malpractice and defective medical product cases, our case results speak for themselves. We are here to help get your life back on track.
You need an attorney who knows the rank and strike system, who the best neutral arbitrators are, and how to push your case through the Kaiser arbitration system. Contact us at (619) 338-0505 right away for a free, confidential, professional consultation — one call could be the first step to the justice you need.
Proud To Repesent San Diego Residents
How Does Kaiser Arbitration Work? During arbitration, an impartial third party, known as the arbitrator, hears evidence and arguments from the parties involved in the dispute and renders a final, binding decision. Arbitrators are often retired judges or neutral hearing officers.What is Kaiser Permanente arbitration agreement? ›
These arbitration clauses require Kaiser members to forfeit their rights to the court process and a jury trial for all medical malpractice claims, no matter the specifics of the case, and instead, submit to the authority of a third-party arbitrator in any such dispute.Should a dispute involving medical malpractice be forced into arbitration? ›
In the vast majority of situations, a medical malpractice case will go to arbitration instead of trial because the patient waived the right to a jury trial before the doctor even treated the patient.Can patients sue Kaiser? ›
Kaiser patients cannot usually sue for medical negligence. Instead, they must go through binding arbitration. Get the compensation you deserve. We've helped 175 clients find Attorneys today.How long does it take to get a settlement after arbitration? ›
Depending on the rules and the parties' arbitration agreement, the date the award must be given to the parties may differ, but it is usually between 14 and 30 days from the close of hearings. How does a party make sure the other party follows the award?What are my chances of winning arbitration? ›
Arbitration is often in a condition of employment. For example, an employee complained that she's been biased and unfair. For example, research by Colvin reveals employees win 36.4 percent of discrimination cases in federal court and 43.8 percent in state court, but only 21.4 percent in arbitration.What happens when a claim goes to arbitration? ›
Car accident arbitration involves a hearing where you and the insurance company present information about your claim to a neutral person, called an "arbitrator." The arbitrator hears the case and decides the outcome. An arbitrator's findings are typically legally binding and final (you can't appeal them).What is the binding arbitration process at Kaiser? ›
There is no jury. The neutral arbitrator acts as both the judge and jury. The arbitrator decides the case based upon his or her interpretation of the law and the evidence presented. The decision of the arbitrator is final, legally binding and enforceable in court.Should I agree to an arbitration agreement? ›
As a general matter, it is not a particularly good idea for employees to sign an arbitration agreement with their employer. As described in more detail above, employers prefer arbitration because it tends to benefit them. However, these benefits come at a cost: your rights as an employee.What matters Cannot be resolved by arbitration? ›
- Criminal offences.
- Matrimonial disputes.
- Guardianship matters.
- Insolvency petitions.
- Testamentary suits.
- Trust disputes.
- Labour and industrial disputes.
- Tenancy and eviction matters governed by rent control statutes.
These include: An arbitrator lacked jurisdiction to award, such as when the subject matter of the dispute cannot be arbitrated; The issue or dispute is not covered by a valid arbitration agreement, such as when there is an issue the parties did not agree to arbitrate; The arbitration was tainted by fraud; and/or.Does arbitration mean you can't sue? ›
You cannot sue or be sued after you sign an arbitration agreement. If the original contract included an arbitration clause, it means that both parties agreed not to pursue legal action in court against the other. Any disputes that arise will have to be settled through arbitration.Is there a class action suit against Kaiser Permanente? ›
On April 22, 2021, a class action lawsuit was filed against Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group, Inc., and Southern California Permanente Medical Group in the Superior Court of San Francisco County that makes claims for: (i) unequal pay based on race; (ii) ...How do you fight Kaiser Permanente? ›
Patients belonging to Kaiser Permanente, and who want to bring an action against a Kaiser healthcare provider or hospital cannot, in most cases, sue for medical malpractice. Instead, they must usually go through Kaiser's binding arbitration process.Why does Kaiser take settlement money? ›
It may seem odd, but if you have Kaiser, you are probably going to end up giving them a portion of the settlement proceeds you receive from your personal injury claim. This is because Kaiser has a medical lien on your case.Who has the burden of proof in arbitration? ›
In order for the arbitrator to decide in favor of a party, the party must provide sufficient clear and convincing evidence to support their claims. This is known as meeting the “burden of proof.” The arbitrator will determine whether the party has met their burden of proof.Who pays the costs of arbitration? ›
Once the arbitrator has paid or is required to pay an expense, the parties must pay this amount and it is non-refundable. Other costs of arbitration may include hearing room rental fees, abeyance fees, and the costs a party will need to spend to prepare and present their case in arbitration.Do employees win in arbitration? ›
Washington, D.C.—A new study released today by the U.S. Chamber of Commerce Institute for Legal Reform found that consumers and employees win more money, more often, and more quickly through arbitration than in litigation.What is one downside of arbitration? ›
There are also some disadvantages of arbitration to consider: No Appeals: The arbitration decision is final. There is no formal appeals process available. Even if one party feels that the outcome was unfair, unjust, or biased, they cannot appeal it.Who does arbitration favor? ›
Arbitration Often Favors Large Companies and Employers
Unfortunately, arbitration often works in favor of the more powerful party such as a large company or employer. This is another reason people find it helpful to have an attorney — they can help level the playing field.
By TV standards, arbitration may seem like the less-sexy cousin of litigation. No judge, no jury, no courtroom. But its faster resolution, lower cost, and binding decision often make arbitration the preferred choice for your small business clients.Why would a case go to arbitration? ›
Arbitration or mediation before starting a case
If a client and attorney don't agree about the attorney's fee, they usually must go to arbitration before opening a court case. Check your written attorney-client agreement to see if it says you have to go to arbitration if you disagree about fees.
If the party that lost the arbitration either chooses to accept the award or is also unsuccessful in the challenge, the award will need to be enforced. In many cases, the parties that agreed to arbitration will just follow the award and pay the money that was required.How do arbitration settlements work? ›
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.What is a malpractice arbitration award? ›
1 Arbitration agreements for medical malpractice are written contracts between health care providers and patients in which both agree to arbitrate any dispute or claim arising from the medical care provided to the patient by the health care provider.What are the three stages of arbitration? ›
- File a Claim. A claimant initiates an arbitration by filing a statement of claim that specifies the relevant facts and remedies requested.
- Answer a Claim. ...
- Arbitrator Selection. ...
- Prehearing Conferences. ...
- Discovery. ...
- Hearings. ...
- Decision & Awards.
While you technically have the choice not to sign an arbitration agreement that appears to be skewed more to your employer's benefit, the employer can simply rescind its offer of employment if you refuse to sign.Should I refuse arbitration? ›
Because arbitration prevents your claims taken seriously, there's no upside to remaining in a mandatory arbitration agreement. Even if you opt out, you can still choose arbitration to settle a dispute, so there's no downside to opting out.Can you sue a company if you signed an arbitration agreement? ›
In some instances, you may be able to sue if you signed a valid arbitration agreement. While courts generally favor arbitration agreements, they will allow you to file a lawsuit if you didn't understand your rights or your claims fall outside of the scope of the arbitration provision.Do I have to respond to a demand for arbitration? ›
Another important difference in pleading in arbitration is that there is no such thing as a “default” in appearance in arbitration. The failure to answer a demand or counterclaim is deemed a denial, and puts the asserted claims in issue, subject to prove-up by the complaining party.
Arbitration as a dispute resolution is used mostly in commercial disputes, consumer disputes, credit obligation disputes, and state or investor disputes. It can also be used to resolve disputes among the family, laborers, or workers. An arbitrator is an official person that will make the final decision.What grounds can an arbitration decision be overturned on? ›
The grounds for attacking an arbitration award under common law are listed; they include fraud, misconduct, and gross unfairness by the arbitrator. Attention focuses on the most recent Supreme Court decision on the review of arbitration awards, W.R. Grace & Co.What makes an arbitration agreement invalid? ›
The primary legal argument used to avoid arbitration is an argument that the agreement is “unconscionable,” a legal term used to invalidate an agreement that is not negotiated by the parties, and, in the eyes of the employee and several courts, unfair.Can you lose in arbitration? ›
If both sides agree going in, a losing party in arbitration can call for the forum to assemble a new panel of arbitrators with the power to affirm or reverse the underlying arbitration decision, and its decision becomes the final decision in the case.How do you get around arbitration? ›
If the contract doesn't provide a way to opt out of the arbitration agreement, then tell the other party you don't want to agree to the arbitration clause. Ask them if they will allow you to sign the contract without the arbitration clause.Can you ignore arbitration? ›
Despite both sides of a contract agreeing to arbitrate their disputes, many plaintiffs choose to ignore their agreement and will instead file their claims in civil court. This forces the defendant to file a motion seeking to compel arbitration.Can an arbitration be overturned? ›
Arbitration is final and binding, subject to review by a court only on a very limited basis. However, a party may file a motion to vacate the arbitration award in a federal or state court of competent jurisdiction pursuant to the Federal Arbitration Act or applicable state statute.What is the advantage of using arbitration over suing in court? ›
Arbitration is often resolved much more quickly than court proceedings, so attorney fees are reduced. Also, there are lower costs in preparing for the arbitration than there are in preparing for a jury trial. For binding arbitration, there are limited opportunities for appeal.Who is suing Kaiser Permanente? ›
A conservative nonprofit announced a lawsuit Thursday against Kaiser Permanente for gender hormone therapies and procedures it provided to Chloe Cole, 18, who has become something of a celebrity in the anti-trans movement.What is the Kaiser Permanente controversy? ›
Kaiser Permanente's med school is facing a discrimination lawsuit from a former employee alleging the healthcare giant fostered a toxic workplace. The school lures the best and brightest Black doctors and scientists with false DEI promises, the law firm representing the plaintiff said in an Aug.
In most cases, there's little downside to joining these lawsuits, which combine many legal claims — often thousands — into one claim against a single defendant, reducing fees for each claimant and potentially earning a much larger payout. And there have been many opportunities to do so.Why are so many doctors leaving Kaiser? ›
In a union survey of 200 of those departing clinicians, 85% said they were leaving because their workload was unsustainable or because they felt they did not have enough time to complete the work, and 76% said they were unable to “treat patients in line with standards of care and medical necessity.”What is the Kaiser Permanente settlement offer? ›
Kaiser Permanente in Oakland, California announced Thursday it is paying $11.5 million to settle a class-action lawsuit alleging it discriminated against employees on the basis of race, ending a two-year negotiation process involving more than 2,000 Black employees in consulting services and administrative support.Does Kaiser negotiate pay? ›
If you think you and your skill set should be valued higher than your offer, negotiate your salary! 40% of men and 31% of women at Kaiser Permanente said they negotiated their salaries. On average, Kaiser Permanente employees earn $151,338.
It is not in your best interest to accept a settlement offer without speaking with an attorney. The initial settlement offer from the insurance company is probably not fair. The offer may be much lower than the value of your damages. If the insurance company sends you a check, do not cash the check.How to negotiate a cash settlement with insurance company? ›
- Step 1: File An Insurance Claim. ...
- Step 2: Consolidate Your Records. ...
- Step 3: Calculate Your Minimum Settlement Amount. ...
- Step 4: Reject the Claims Adjuster's First Settlement Offer. ...
- Step 5: Emphasize The Strongest Points in Your Favor. ...
- First, Time is of The Essence.
In most personal injury cases that involve a settlement check, the defendant's insurance company writes a check to your attorney. Your lawyer receives the check and then deducts the percentage of money agreed upon before sending you the balance in the form of another check.What happens when insurance companies go to arbitration? ›
Arbitration may be used to settle an insurance dispute between an insurance provider and a policyholder. Instead of filing a lawsuit, the insurer and the policyholder both present their case to the arbitrator. The arbitrator reviews the facts and comes to a decision about how to resolve the dispute.What happens when you go to arbitration? ›
The arbitrator listens to both sides, looks at the evidence you've sent in and decides what the outcome should be. In some cases, the arbitrator may choose to have several meetings with you both. When the arbitrator makes a decision, this is called an award and it's legally binding.Can a settlement be reached with arbitration? ›
Parties may reach a settlement even after the tribunal has issued an award in the proceedings. This is sometimes seen in circumstances where the proceedings have been bifurcated between jurisdiction/liability and quantum (damages) phases.
If the thought of going to court and endure the trial ordeal displeases you, arbitration may be preferable, if parties to the dispute would all agree. Arbitration is essentially a paid private trial, in other words, a method to resolve disputes without going to court.Can you walk away from arbitration? ›
In certain circumstances a team can walk away from an arbitration award, and the player becomes a UFA. Players cannot. Only player-elected arbitration comes with walk-away rights for the team. Teams can also walk away from the second year of two-year awards, which makes the player a UFA at that time.How much does it cost to go through arbitration? ›
Arbitrators are paid for their time to preside over the matter by the day or hour. The least expensive arbitrators usually charge $150 an hour, while the most expensive might charge $400-$500 an hour or more depending on their area of expertise. Arbitrators are not always lawyers, and are usually not judges.Why is arbitration better than going to court? ›
Usually Cheaper Than Litigation
Still, resolving a case through arbitration is usually far less costly than proceeding through litigation because the process is quicker and generally less complicated than a court proceeding.