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Whenever we seek medical care, we should be able to trust doctors and other healthcare providers to uphold the highest standard of care. Unfortunately, doctors are human and inevitably make mistakes. When that happens, the consequences can be devastating.
If you’re a member of Kaiser Permanente and have sustained harm as a result of medical negligence, you might have asked yourself, “Can I sue Kaiser for medical malpractice in California?” Keep reading to find out the answer.
What Is Medical Malpractice?
First things first. There is some terminology that you need to be aware of to know whether you have a claim against Kaiser.
In short, medical malpractice occurs when a healthcare provider’s actions deviate from the accepted standard of care, and that deviation results in harm. In California, healthcare providers are expected to act as reasonably prudent medical professionals would under similar circumstances.
There’s a practically infinite number of ways that medical malpractice can occur, though it will often fall into one of these medical error categories:
- Misdiagnosis
- Delayed diagnosis
- Prescription mistakes
- Surgical errors
- Failure to monitor conditions
Kaiser Permanente’s Arbitration Agreement
If you want to know, “Can I sue Kaiser for medical malpractice in California,” there’s an important caveat to be aware of.
While you can hire a medical malpractice attorney and file a claim against Kaiser, there is a mandatory arbitration process you must go through first. If it’s been a while since you signed up for Kaiser, you might not recall that your terms of service require going through arbitration before filing a lawsuit.
The arbitration agreement is designed to resolve disputes through binding arbitration rather than in a lengthy, expensive court proceeding.
Advantages of Arbitration
Though it might seem harsh, there are some key advantages to arbitration, including:
- Arbitration is often a faster and less expensive process than going to court.
- While a lawsuit is public, arbitration is a private process, so your information will be protected.
Disadvantages of Arbitration
Despite the pros, there are some disadvantages to arbitration, too. Specifically, there are two that can give medical malpractice victims pause:
- Arbitrators could be biased, especially when hired by Kaiser.
- When you go through arbitration, you forfeit your right to a jury trial.
Even though the arbitration agreement puts limitations on how you can proceed with a malpractice claim, you are not barred from seeking justice for a medical error or medical negligence. By working with an experienced medical malpractice attorney, you’ll have a patient rights advocate on your side to help you build a solid case.
Common Challenges in Kaiser Medical Malpractice Cases
As one of the nation’s largest health plans, it’s safe to assume that Kaiser will fight tooth and nail to avoid paying a medical malpractice claim whenever possible. Navigating the process isn’t easy, and there are some predictable obstacles that you may encounter along the way when approaching the issue of "Can I sue Kaiser for medical malpractice in California?"
- Liability disputes: Kaiser might argue that your injuries weren’t caused by medical negligence.
- Proving damages: Even if you can prove liability, the next step is proving the extent of your damages, and that can be hard if they are intangible (like pain and suffering).
- Navigating arbitration rules: Arbitration can be tricky, and Kaiser’s arbitration process has specific rules and deadlines that must be followed. A single misstep can seriously jeopardize your case.
Contact The Law Office of Elliott Kanter
In summary, the answer to, “Can I sue Kaiser for medical malpractice in California?” is yes, but you’ll have to go through arbitration first to pursue a damages claim. For experienced legal help in this area, call The Law Office of Elliott Kanter at (619) 231-1883 or contact us online.
