Experienced Kaiser Permanente Medical Malpractice Attorneys Serving Harward, CA
No patient in Hayward should sustain serious injuries or suffer a worsened health outcome because of the negligence of a healthcare provider at Kaiser Permanente. Yet this is the unfortunate reality for dozens of patients each year. Doctors, nurses, dentists, surgeons, and pediatricians at Kaiser can make mistakes and lapses in judgment that ultimately harm their patients. Our Hayward Kaiser Permanente Medical Malpractice Lawyer is dedicated to fighting for injured patients. Find out how we can help you during a free case consultation.
If you or a loved one has been injured by medical malpractice at a Kaiser Permanente Medical Center in Hayward or the surrounding area, you may be entitled to financial compensation. It is critical to choose an attorney with experience handling cases against this health system, as Kaiser has its own special arbitration process.
Walkup, Melodia, Kelly & Schoenberger have negotiated, mediated and arbitrated more medical malpractice cases against Kaiser Permanente than any other plaintiff’s law firm in California.
Why Choose Us?
- The Walkup firm has successfully settled, arbitrated and mediated more than 300 cases on behalf of Kaiser Permanente members.
- We have recovered over $500 million from Kaiser on behalf of our clients.
- Our attorneys have spent more than 50 years successfully prosecuting medical malpractice cases against Kaiser. We have represented clients in this specific practice area since 1970.
- Our medical malpractice attorneys operate on a contingency fee basis, meaning you won’t pay us a dime unless your case results in financial compensation to you.
What Is Medical Malpractice?
Medical malpractice is the legal term used when a licensed healthcare provider falls short of the accepted standards of care for his or her field. If a doctor, nurse, therapist, or other health care professional behaves negligently and fails to provide patient care that is up to the required standards, he or she can be held liable for related patient injuries in a medical malpractice claim. A healthcare practitioner is negligent if he or she deviates from the accepted norm in terms of patient care.
Medical malpractice claims in California consist of these elements:
- A violation of the medical standards of care. The defendant must be guilty of a violation of the standard of care owed to the plaintiff, such as a negligent act or omission that a reasonably prudent physician would not have committed in the same circumstances.
- Proof that the violation resulted in harm to the patient. There must be a causal link between the defendant falling short of the standard of care and the plaintiff’s injury, illness or death; in other words, the plaintiff would not be injured were it not for the negligence of the defendant.
- The patient suffered real, compensable damages. Finally, there must be evidence that the patient suffered compensable damages due to the defendant’s medical malpractice, such as physical injuries, medical bills or lost wages.
A Hayward Kaiser Permanente Medical Malpractice Lawyer from the Walkup firm can thoroughly investigate your case to search for evidence of medical negligence. Then, our lawyers can help you navigate the complicated Kaiser Permanente arbitration process in pursuit of fair financial compensation for malpractice.
Kaiser Permanente Medical Malpractice FAQs
Medical malpractice claims that involve Kaiser Permanente are unique. Kaiser members are subject to a private system for resolving malpractice claims. Since 1978, all group policies issued by Kaiser Permanente include a mandatory provision that requires the use of a private arbitration procedure for malpractice, medical negligence, product liability and prescription drug liability cases. Claims involving any patient under the age of 65 must be arbitrated. This means lawsuits against Kaiser medical providers cannot go to court.
Use these frequently asked questions to learn more about medical malpractice arbitration against Kaiser Permanente in Hayward, California:
- What is the Kaiser arbitration agreement? A legally binding agreement known as the Kaiser arbitration clause requires members to give up the right to a court process and a jury trial on all medical malpractice and medical negligence claims. All members who are injured by alleged acts of malpractice must go through the Kaiser arbitration process.
- How is Kaiser arbitration different from a standard medical malpractice case? Arbitration is not a court trial. It is a private hearing that generally takes place in an office or conference room. Rather than the case being heard by a judge or jury, it is determined by an arbitrator. This is a neutral third party that is agreed upon by the plaintiff and defendant.
- What does Kaiser arbitration look like? Both sides of the case have the chance to present evidence and witness testimony to the arbitrator. Then, the arbitrator works as the exclusive decision-maker to determine if medical malpractice has occurred based on the evidence provided. If so, the plaintiff will be awarded an amount deemed reasonable by the arbitrator.
- How is the arbitrator selected? A list of 12 possible arbitrators is chosen at random by the Independent Administrator. The parties will either both agree on the same arbitrator from the list or, if they do not agree, both parties may strike up to four names from the list, and then rank the remaining names in order of preference.
- How long does Kaiser arbitration take? The Kaiser arbitration agreement requires all legal disputes to be resolved within 18 months from the time that the case is filed. Most cases brought against Kaiser Permanente in California are completed in an average of 14 months.
- Can a decision made through Kaiser arbitration be appealed? No. One of the key differences between the arbitration process against Kaiser and a standard medical malpractice lawsuit is that the arbitrator’s decision is final and cannot be appealed to an appellate court.
- Can I engage in arbitration with Kaiser for medical malpractice without an attorney? While you can opt not to hire an attorney, this is not wise. These are complicated cases that benefit from a skilled and experienced attorney. In 2021, Kaiser won 83 percent of cases against claimants without an attorney.
- How much does a Kaiser Permanente medical malpractice attorney cost? At the Walkup law firm, we represent clients on the basis of a contingency fee. This means you will only be charged a fee if your case succeeds, and you make a financial recovery. Our lawyers will deduct a fee directly from the amount recovered, not out of your pocket.
Hiring a Hayward Kaiser Permanente Medical Malpractice Lawyer significantly improves your chances of successfully holding Kaiser responsible for your injuries or the death of a loved one. Our attorneys at Walkup have been handling these cases since Kaiser initiated its mandatory arbitration clause in 1978.
What Are the Most Common Types of Medical Malpractice Claims Brought Against Kaiser Permanente?
Physicians, nurses, surgeons, obstetricians, dentists, radiologists and other practitioners can be guilty of a wide range of acts that constitute medical malpractice under California law. The most common types of medical malpractice claims brought against Kaiser in Hayward include:
- Wrongful death cases
- Birth injuries
- Brain injuries
- Cerebral palsy
- Death of a mother in childbirth
- Emergency room mistakes
- Failure to treat
- Improperly managed infections
- Medication errors
- Misdiagnosis or failure to diagnose
- Nurse errors
- Paralysis cases
- Pediatric injuries
- Surgical mistakes
Despite Kaiser’s restrictions on litigation, you have the right to seek justice and financial compensation for any form of medical malpractice that led to injuries suffered by you or someone you love. This includes traumatic brain injuries, broken bones, paralysis, nerve damage, scarring or disfigurement, amputations, shoulder dystocia, infections, bedsores, and preventable patient deaths. If you believe you have a case, the Walkup Kaiser medical malpractice attorneys can let you know if it has merit.
Kaiser Permanente Medical Center Locations in Hayward, California
Kaiser Permanente Medical Center locations in and around Hayward include:
- Hayward
Hayward Medical Center
27400 Hesperian Blvd. - Union City
Union City Medical Offices
3553 Whipple Road and 3555 Whipple Road - Oakland
Oakland Medical Center
280 W. MacArthur Blvd.
If you or a loved one suffered a preventable injury as a patient at any Kaiser location in California, you may be entitled to financial compensation for medical malpractice. Our lawyers can help you go up against Kaiser for medical negligence or malpractice committed by any of its healthcare practitioners, including doctors, surgeons, nurses, radiologists and obstetricians.
What Is the Statute of Limitations on a Kaiser Permanente Medical Malpractice Claim?
One of the similarities between arbitration against Kaiser Permanente and a typical medical malpractice claim in California is the statute of limitations or deadline for filing. Both types of cases have the same time limit imposed on bringing legal action in California: three years from the date that the malpractice occurred or one year from the date that the patient discovers his or her injury, whichever comes first. This is the law under the California Code of Civil Procedure Section 340.5.
There is an exception for medical malpractice cases involving children under the age of six. In these cases, a family can file a claim either within three years or before the child turns eight years old, whichever amount of time is longer. However, cases involving children over the age of eight must abide by the three-year statute of limitations.
It is important to contact a Hayward Kaiser Permanente Medical Malpractice Lawyer about a potential medical malpractice claim against Kaiser Permanente in Hayward as soon as possible – long before the expiration of your statute of limitations, to be safe. Kaiser will not hear cases brought after the expiration of the time limit, just as the courts will not hear medical malpractice lawsuits filed after the deadline has passed.
What Damages Are Available?
The damages, or types of financial compensation, which are available to a victim of Kaiser Permanente medical malpractice depend on the case. Awards are determined by the arbitrator based on the specific facts, such as the level of injury suffered by the victim. In general, victims of medical malpractice who pursue compensation through the Kaiser arbitration process are eligible for the following types of damages:
- Past and future medical bills
- Therapies and rehabilitation
- Medications and medical devices
- Losses of income, employment benefits and future opportunities to earn
- Noneconomic damages for physical pain and emotional suffering
- Loss of consortium damages
- Damages for wrongful death, such as funeral and burial costs
It is imperative to discuss the value of your case with a skilled and experienced Kaiser medical malpractice lawyer in Hayward before beginning an arbitration case.
How Long Will My Kaiser Permanente Medical Malpractice Case Take?
Medical malpractice cases are complex and can be lengthy, especially if taken to an arbitration hearing.
However, if medical negligence or injury occurred at a Kaiser Permanente facility, the process may be expedited due to the arbitration process. In its contract, Kaiser requires that members use arbitration for all medical malpractice claims. The justification for forced arbitration is that cheaper and faster for members. While the arbitration process is not always better for injured members, it is designed to be more efficient. In fact, the terms of the arbitration agreement dictate that the process should not exceed 18 months in most cases.
Timelines for Kaiser Arbitration Using Regular Rules
While most cases are resolved in a maximum of 18 months, there are several specific steps in the process. Again, every case is unique, but a general timeline looks something like this. The arbitration process is handled through the Office of the Independent Administrator (OIA) and is started when a member serves Kaiser with a “Demand for Arbitration”. There is no specific form for this demand, rather a letter containing the words “Demand for Arbitration”, the basis of the claim, the amount of damages the claimant is seeking, the name and contact information of the claimant and their attorney, and the name of the respondent.
If the malpractice occurred in Northern California, the letter should be addressed to:
Kaiser Foundation Health Plan, Inc.
Legal Department
1950 Franklin Street, 17th Floor
Oakland, CA 94612
In Southern California, it should be addressed to:
Kaiser Foundation Health Plan, Inc.
Legal Department
393 East Walnut Street
Pasadena, CA 91188
The demand for arbitration should also include the filing fee of $150 or a request to waive the fee and must be received by the OIA within 75 days of serving the demand. If the claimant fails to pay the filing fee or obtain a waiver of that fee within 75 days, the demand will not be processed and will be considered abandoned.
Three Days. Once the OIA receives or ways the filing fee, it sends a list of possible neutral arbitrators to both parties, typically within 3 business days.
Twenty Days. After receiving the list, the parties must choose an arbitrator by either returning a joint selection or a strike and rank list to the OIA. The OIA must receive the parties’ responses within 20 days. At this time, claimants or respondents may postpone their response for 90 days without extending the 18-month deadline.
Ten Days. After selection, the OIA contacts arbitrators and secures the agreement and sends letters confirming the selection of the neutral arbitrator.
Sixty Days. Within 60 days of the date of the confirmation letter, the Neutral Arbitrator holds an Arbitration Management Conference with the attorneys representing the parties (or the claimant in pro per if they are unrepresented).
Six Months. No later than 6 months after the Arbitration Management Conference, the parties must conduct a Mandatory Settlement Metting. After this meeting, the parties may begin the process for an arbitration hearing or proceeding.
Fifteen Days. Once both parties rest, the final post-hearing brief or document is due no later than 15 days later. This deadline may be extended for good cause, but the hearing will be deemed closed on the date set for submission.
Fifteen Days. No later than 15 business days from the close of the arbitration hearing, the Neutral Arbitrator shall sever the award – except in extraordinary and complex cases where the arbitrator has 30 businesses.
Complex and Extraordinary Cases
If the case is designated as complex, it must close within thirty (30) months of the OIA receiving the demand and filing fee or granted the fee waiver. If the case is deemed extraordinary, it may close after the thirty (30) month deadline.
Contact a Hayward Kaiser Permanente Medical Malpractice Lawyer Today
If you or a member of your family has been injured by the malpractice or negligence of a doctor at a Kaiser Permanente medical center, don’t hesitate to contact us for a free case review with one of our experienced attorneys. The lawyers of Walkup, Melodia, Kelly & Schoenberger have decades of experience handling Kaiser’s arbitration process on behalf of clients and achieving the settlements and verdicts they deserve.
We understand how these cases work and how to help patients who have been injured collect fair compensation and move forward. Our lawyers in Hayward can listen to your story, assess its merits, investigate your claim, collect evidence and represent your interests during arbitration against Kaiser Permanente. We look forward to helping you during this difficult time. Call (415) 889-2919 to schedule a free consultation and learn more.
