Kaiser Permanente Wrongful Death Legal Representation
If a loved one has died as a result of a mistake in diagnosis, delay in treatment, delayed diagnosis of cancer, misdiagnosis of heart attack, stroke or pulmonary embolism, surgical error, drug or anesthesia complications, or another medical cause related to negligence, you may be entitled to money damages. Our Kaiser Permanente Wrongful Death Lawyer has helped many families throughout California recover fair and just compensation in wrongful death cases.
At Walkup, Melodia, Kelly & Schoenberger, in San Francisco, California, we have represented survivors in wrongful death claims against Kaiser Permanente for over 50 years. Our Kaiser medical malpractice lawyers know the Kaiser arbitration system and will utilize their skill and experience to help you get the compensation you deserve when a wrongful death occurs.
As a Kaiser Permanente member, your rights to file medical malpractice claims against Kaiser are limited. Since 1978, Kaiser has included a provision in all of its group policies mandating use of a private arbitration procedure for all medical claims against Kaiser Permanente. These proceedings are complex and often result in the denial of medical claims, regardless of the negligence, carelessness or malpractice of the health care provider.
How Medical Negligence Can Lead to Death
When we go to the doctor or visit the hospital, we place our trust and our lives in the hands of medical professionals. Healthcare providers like physicians, surgeons, nurses, therapists, and anesthesiologists have a responsibility to provide competent, well-informed treatment. These professionals must follow an accepted standard of medical care, and any deviation from the standard constitutes medical negligence.
Patient health can be seriously affected if a medical professional commits negligence or fails to act when he or she should. In the United States, medical errors cause approximately 251,000 deaths every year—making them the third leading cause of death overall.
Below are a few examples of medical malpractice that could lead to wrongful death:
- Surgical errors
- Incorrect medication or dosage
- Failure to communicate with the patient
- Mistakes reading X-rays
- Delay in diagnosis
- Misdiagnosis or failure to diagnose
- Unnecessary surgery
- Failure to order proper tests
- Birth injuries
- Poor follow-up care
- Premature discharge
Your Rights If You Lost Your Loved One Due to Negligence at Kaiser
If you lost a loved one due to a medical professional’s mistake, you deserve justice.
Kaiser has its own private system for resolving claims of medical negligence, which prevents its members from pursuing litigation against its employees and facilities. To recover compensation for the loss of your loved one, you will need to hire a Kaiser Permanente Wrongful Death Lawyerto represent you in arbitration against Kaiser. During this process, you will need to convince a neutral, third-party arbitrator that the actions of a Kaiser Permanente medical professional caused your loved one’s death.
How Does Kaiser Arbitration Work for Families?
Kaiser Permanente medical malpractice claims are overseen by the Office of the Independent Administrator (OIA). After the claim is initiated, the OIA will send a random list of potential arbitrators and both parties will jointly select a neutral arbitrator who will oversee the process.
Kaiser arbitration works similarly to a civil trial. During the arbitration process, the arbitrator will hear evidence, witness testimonies, and arguments from the victim’s attorney and Kaiser’s legal team. The arbitrator will then decide whether the claim is valid, based on their understanding of medical malpractice and wrongful laws. This decision is always binding, meaning that it cannot be appealed or overturned.
Benefits of Hiring a Lawyer from Walkup, Melodia, Kelly & Schoenberger
When a wrongful death occurs, it is in your best interest to enlist the help of a lawyer. Statistics show that Kaiser Permanente members who proceed with the arbitration without an attorney lose their cases up to 75% of the time. By having a Kaiser wrongful death attorney on your family’s side, you can increase your chances of a successful claim.
At Walkup, Melodia, Kelly & Schoenberger, our Kaiser Permanente Wrongful Death Lawyer are dedicated to helping medical negligence victims and their families navigate the complex arbitration process. In wrongful death cases, we will leverage the full power of our firm’s resources, knowledge, and experience to aggressively fight for your family’s best possible outcome.
There are several benefits to hiring our attorneys for your Kaiser wrongful death claim, such as the following:
- Valuable Support: Losing a loved one is one of life’s most difficult experiences, especially if medical negligence was involved. Arbitration can be extremely stressful to pursue, but a lawyer can alleviate this burden. Your attorney will handle all matters related to the case on your behalf and provide you with the support that you need during this process.
- Access to Medical Resources and Experts: You need substantial and significant evidence to prove a Kaiser wrongful death claim. Your Walkup, Melodia, Kelly & Schoenberger attorney has a wide network of resources that he or she can leverage to strengthen your claim, including access to medical experts who can testify on your behalf.
- Knowledge of the Arbitration Process: Kaiser arbitration can be complicated, and there are numerous rules, procedures, and details that you should know before you proceed. Your lawyer will have helped many families navigate these processes and can help you understand what to expect next.
- Advocacy for Your Rights: The Kaiser arbitration process can be confusing for many people, and it is easy to be taken advantage of by other parties. Your attorney will always have your family’s best interests at heart and will advocate aggressively to protect your rights during this process.
- Calculating Accurate Compensation: Because arbitration decisions are typically binding, it is critical to know what you are asking for from the beginning. Your attorney can calculate the amount of compensation that your family is entitled to recover and will advocate for your right to maximum recovery.
How Much Does It Cost to Hire a Kaiser Wrongful Death Attorney?
Many people have no financial resources and fear the cost so they do not obtain legal representation for arbitration. Few people can pay attorney’s fees out of pocket, especially after the sudden loss of a spouse, parent, or child. That is why the attorneys at Walkup, Melodia, Kelly & Schoenberger take all Kaiser arbitration cases on a contingency fee basis. We are not paid and we do not require an upfront retainer from you.
Instead, under this fee arrangement, you will not be charged any legal fees unless your Walkup, Melodia, Kelly & Schoenberger team recovers a financial award in your case. We will then take a percentage of the settlement as payment, which is spelled out in our employment contract. A contingency fee is designed to limit your out-of-pocket costs and make legal representation more accessible for your family.
Is There a Statute of Limitations for Kaiser Wrongful Death Claims?
The statute of limitations sets filing deadlines for all lawsuits. Unless you qualify for an extension, you must file your claim within this specified timeframe, or the court will dismiss the case. The statute of limitations for wrongful death applies to Kaiser Permanente arbitration claims as well.
Your filing deadline will vary, depending on where your loved one died. For example, if the negligence happened at a Kaiser facility in California, your family has one year from the date of your loved one’s death to file for arbitration.
Contact Our Kaiser Permanente Wrongful Death Lawyer Wrongful Death
Thousands of people die each year due to medical malpractice. If you have lost a loved one as a result of medical malpractice by a Kaiser Permanente health care provider, you need to contact us by email or call us at to speak with an experienced Kaiser Permanente medical malpractice lawyer about your wrongful death claim. We handle all Kaiser Permanente medical malpractice and wrongful death cases on a contingency basis. If we don’t recover compensation for you, we will not charge you a fee.
EXAMPLES OF OUR SUCCESS
Failure To Diagnose Bladder Cancer – Wrongful Death
Walkup’s Kaiser Malpractice attorneys negotiated a settlement in excess of $1,300,000 on behalf of a widow and two surviving children of a man who over a period of more than two years, was repeatedly misdiagnosed with urinary tract infections instead of cancer.
Failure To Diagnose Aortic Dissection – Major Confidential Settlement
Walkup Melodia’s Kaiser Permanente claims attorneys obtained a pre-arbitration wrongful death settlement on behalf of the surviving wife and daughter of a 55-year-old Permanente member who died of an undiagnosed aortic dissection after spending 36 hours in the hospital without ever being seen by a cardiologist. The non-cardiologist doctors who saw the patient failed to recognize the patient needed an emergency evaluation to rule out aortic dissection. The deceased was initially seen in a non-affiliated emergency room for severe chest pain. The pain did not respond to nitroglycerin, as would be typical for coronary artery disease. An E.R. physician wanted the patient to have a specialized CT that would have made the diagnosis of aortic dissection but other doctors disagreed. A cardiology consultation and echocardiogram would also have made the diagnosis, but these were never ordered. Instead, physicians continued to prescribe nitroglycerine and intravenous morphine for ongoing chest pain. The decedent died shortly after a stress treadmill test, which worsens the tearing of an aortic dissection.
For more information on our wrongful death practice and past cases, see our wrongful death information and cases page.
