Experienced Kaiser Surgical Errors Lawyers
When you undergo surgery at a Kaiser Permanente hospital, you expect that your surgeons, nurses, anesthesiologists, and other medical professionals act with diligence and care. Unfortunately, these professionals are sometimes negligent, causing severe harm to the patients under their care.
Since 1978, Kaiser Permanente has included strict provisions in its health insurance policies that prevent members from pursuing litigation. Instead, all claims must proceed through private arbitration proceedings handled by the Office of the Independent Administrator (OIA).
If you suffered a surgical error at a Kaiser Permanente hospital, the attorneys at Walkup, Melodia, Kelly, & Schoenberger can guide you through the process. We can help you navigate arbitration and prove your right to fair compensation.
Why Choose the Attorneys at Walker, Melodia, Kelly & Schoenberger?
Statistics show that Kaiser Permanente members who enter arbitration without an attorney lose their cases up to 75% of the time. It is clear that legal representation is critical to holding Kaiser surgeons accountable for their actions—and the lawyers at Walkup, Melodia, Kelly, & Schoenberger can help.
Since 1978, our firm has represented Kaiser patients in arbitration involving all types of medical negligence, including surgical errors. We have access to a wide network of medical experts and resources that we could leverage to support your case and fight for your right to recovery.
Our firm accepts all cases on a contingency fee basis for maximum affordability. If we do not recover a financial settlement in your case, you will not be charged legal fees. Under this arrangement, you can obtain the legal representation that you need for a successful Kaiser arbitration claim.
Your Rights as an Injured Kaiser Permanente Patient
When receiving treatment at a Kaiser Permanente facility, you trust that all doctors will uphold the medical standard of care. This is especially important during surgical procedures, which can be complex and lead to a host of complications without the proper degree of caution. If you were injured by a negligent surgeon, anesthesiologist, or another healthcare provider, you have the right to pursue Kaiser arbitration.
As an injured Kaiser Permanente patient, you have the right to pursue a money damage recovery. You have the right to have an attorney represent you during this process. If the arbitrator finds that you were injured due to medical negligence, you have the right to recover fair compensation for your damages.
Surgeons and Hospitals Can Commit Serious Mistakes
Surgeons must perform the right procedure on the right patient in the correct location. They must also adhere to important medical standards regarding sanitation, aftercare, and discharge instructions. Unfortunately, both surgeons and hospitals can commit serious mistakes causing devastating harm to their patients.
There are many types of surgical errors that can occur in Kaiser Permanente hospitals and medical facilities, such as the following:
- Operating on the wrong body part
- Accidentally severing a nerve during surgery
- Administering too much or too little anesthesia
- Failing to monitor a patient’s vital signs during surgery
- Inadequate skills and training to perform a surgical procedure
- Failing to keep sanitary operating room conditions
- Leaving a foreign object inside of a patient during surgery
- Denying surgery until it is too late to help
How Does the Arbitration Process Work for Surgical Error Claims?
If you suffer a surgical error at a Kaiser Permanente facility, your Kaiser lawyer will need to initiate the arbitration within the appropriate statute of limitations. For example, if you live in California, you will have one year from the date of the surgical error to file your claim.
Kaiser arbitration involves a series of steps:
- First, your lawyer will need to send a demand for arbitration to the OIA. This letter will include important information like the amount of compensation that you are seeking, the description of the surgical error, and contact information for you and your attorney.
- After the OIA receives your demand, it will send a list of potential arbitrators to your lawyer and Kaiser.
- After the arbitrator is appointed, your lawyer will need to attend an arbitration management conference. During this meeting, you and Kaiser will set deadlines for the remaining events in the arbitration process.
- Then, your lawyer will attend a mandatory settlement hearing. During this hearing, your lawyer will attempt to negotiate a settlement with Kaiser for the surgical error. Your case may conclude at this stage.
- If negotiations are unsuccessful, your lawyer will then attend the arbitration hearing. The arbitrator will act as judge and jury during this proceeding. At the conclusion of the hearing, the arbitrator will decide whether you are eligible for compensation and how much you should receive.
If you plan on pursuing arbitration against Kaiser, you need an attorney on your side who can fight for your right to justice. It can be difficult to navigate this complex process after a recent injury, no less a botched surgery. At Walkup, Melodia, Kelly & Schoenberger, we can leverage our legal knowledge and history of successful case results to secure the outcome that you deserve.
Contact a Kaiser Surgical Errors Attorney for Your Case
Medical providers at Kaiser Permanente, including surgeons, anesthesiologists, nurses, and other professionals have a responsibility not to cause harm to their patients. Unfortunately, serious surgical errors occur every year at these facilities. If you were injured by a negligent healthcare professional during surgery, trust the attorneys at Walkup, Melodia, Kelly & Schoenberger to fight for your right to justice.
Since 1978, we have represented Kaiser Permanente members in their arbitration claims and recovered more than 500 million dollars on behalf of our clients. Our Kaiser surgical error attorneys have the skills, experience, and resources to secure the outcome that you deserve. We charge no fee for our services unless we win, and we will fight for your best interests each step of the way.
Contact us today to schedule a free case consultation and learn more about your legal options. You can request your consultation online or over the phone at (415) 889-2919.
