Skilled Kaiser Permanente Paralysis Attorneys
Paralysis is a life altering disability that is almost always permanent. Paralysis can occur as a result of injury to the spinal cord or other motor nerves, brain damage, or failure to act on signs and symptoms of cord compression due to cervical or lumbar disc disease, tumor or other lesions. When a physician makes an error in surgery, fails to recognize a problem, is not adequately trained or experienced, or does not explain all alternative options to a patient, medical negligence may have occurred. Our Kaiser Permanente Paralysis Lawyer can help you.
Our Kaiser Permanente Paralysis Lawyer at Walkup, Melodia, Kelly & Schoenberger, in San Francisco, California, have successfully represented Kaiser Permanente HMO members since 1978. They know the Kaiser Permanente arbitration system and can ensure that your rights are protected.
As a Kaiser Permanente HMO member, your rights to file medical claims against Kaiser Permanente are limited. Since 1978, all Kaiser Permanente group policies have included a provision mandating use of a mandatory private arbitration procedure for all medical claims against Kaiser Permanente. These complex proceedings often result in the denial of medical claims regardless of the negligence, carelessness or malpractice of the health care provider when patients are not represented by lawyers skilled in the Kaiser system.
The Impact of Paralysis Injuries
The spinal cord is a critical pathway that is responsible for transmitting messages between the brain and the rest of the body. When the spinal cord is severed, compressed, or damaged in some way, these messages are disrupted, and the body is unable to respond to the brain’s signals.
Life with paralysis can be very difficult, and many patients experience life-altering complications:
- Loss of muscle mass
- Respiratory issues
- Inability to hold employment
- Loss of sexual function
- Loss of independence
- Inability to control bladder or bowels
- Compromised cardiovascular function
- Depression and other mental health conditions
- Financial hardship due to expensive medical care
How Can Medical Negligence Cause Paralysis?
In addition to illnesses and injuries, paralysis can also be caused by medical negligence. When we visit a doctor or go to the hospital, we expect to be treated with competency and respect. If a doctor deviates from the medical standard of care and commits a dangerous error, we can suffer from serious conditions like paralysis.
Many acts of medical malpractice can cause paralysis, such as the following:
- Surgical Errors: A surgeon can make a mistake during a surgical procedure that affects the spine or nerves, leading to paralysis. For example, a surgeon may accidentally sever the spinal cord when performing brain surgery near the base of the skull.
- Misdiagnosis: A doctor may fail to diagnose a serious medical condition and that illness or injury becomes worse, leading to paralysis. You may have avoided this life-altering complication had the doctor recognized your symptoms and provided prompt treatment.
- Faulty Medical Equipment: Surgeons may rely on medical equipment to perform surgical procedures. If these devices malfunction due to a defect, they can severely harm a patient and cause paralysis.
- Anesthesia Errors: Anesthesiologists have a responsibility to provide the correct amount of anesthesia and monitor a patient’s vital signs during surgery. If an anesthesiologist fails to pay attention, he or she may not notice that a patient is losing oxygen. This can lead to a brain injury called hypoxia, which can result in paralysis.
Pursuing Arbitration Against Kaiser Permanente
In most cases involving a negligent medical professional, you can file a lawsuit against the provider in civil court. However, Kaiser’s arbitration clause prevents its members from pursuing litigation in cases of medical negligence. Instead, you will need to pursue arbitration through Kaiser’s private claims system.
The arbitration process at Kaiser is similar to a civil trial, except a neutral, third-party arbitrator act as judge and jury. You and Kaiser will select the arbitrator from a random list supplied by the Office of the Independent Administrator (OIA), which oversees these claims.
At the conclusion of this process, you can recover a financial settlement to help pay for your future medical care, lost wages, pain and suffering, and other losses related to your paralysis. However, you will need to prove that the professional’s actions caused your injury—which can be challenging without an attorney’s support.
How an Attorney Can Support You During Arbitration?
At Walkup, Melodia, Kelly & Schoenberger, our firm is dedicated to helping victims of medical negligence recover all available money damages for their injuries. If you plan on pursuing arbitration against Kaiser, our Kaiser Permanente Paralysis Lawyer can guide you through the process and craft a compelling case to prove your right to recovery.
A Kaiser paralysis lawyer helps and protects you during arbitration, vastly increasing your chances of success throughout the process. Below are just some of the advantages of hiring an attorney for Kaiser arbitration:
- Your attorney will have years of experience handling Kaiser arbitration claims and can help you avoid common errors that would otherwise delay your case.
- Your lawyer can handle all matters related to arbitration so that you can focus on receiving treatment for your paralysis injury.
- Your attorney can help you understand what to expect during the arbitration process and prepare you for each step of your claim.
- Your lawyer can identify all potential avenues to compensation and accurately calculate your settlement, using this information to advocate for maximum compensation.
- Your attorney can help you assess the list of potential arbitrators and come to a decision regarding who should oversee your case.
- Your lawyer can enlist the help of expert witnesses like medical professionals who can testify on your behalf and prove the nature and extent of your paralysis injuries.
Steps to Take If You Suffer Paralysis at a Kaiser Facility
If you were paralyzed due to a medical professional’s mistake, it can be difficult to know what to do next. You may feel scared, overwhelmed, and devastated. In these situations, you deserve justice—and it is critical to seek help as soon as possible.
Save all of your medical records from every medical facility that has treated you for paralysis, including the facility where the malpractice occurred. Write down the names of any potential witnesses who may have seen something related to the medical negligence—your attorney can speak to these individuals at a later time.
Then, speak to a Kaiser Permanente paralysis lawyer as soon as possible. Your lawyer can evaluate your situation and help you understand your legal rights and options. If your attorney believes that your case qualifies for arbitration, he or she will help you take your first steps toward initiating your claim and recovering the compensation that you deserve.
Contact Our Kaiser Malpractice Lawyers
If you, a family member or loved one has become paralyzed due to a medical mistake on the part of a Kaiser Permanente medical provider, contact us online or call (415) 981-7210 now to set up a free initial consultation. All Kaiser Permanente lawsuits are handled on a contingency basis. You pay no legal fees unless we successfully recover compensation for your injury.
EXAMPLE OF OUR SUCCESS
Failure to Diagnose Spinal Cord Abscess – Permanent Disability
The medical negligence attorneys at Walkup obtained a $1,950,000 settlement after Kaiser failed to timely diagnose an abscess compromising a man’s spinal canal, which resulting in partial permanent disability.
If you are suffering from paralysis as a result of a medical procedure or an incorrect diagnosis provided through Kaiser Permanente HMO, contact us to schedule a free initial consultation. All Kaiser Permanente lawsuits are handled on a contingency basis. You pay no legal fees unless we successfully recover compensation for your injury.
