Medical Malpractice Legal Help for Northern California Kaiser Permanente Members
Northern California patients who suffer from negligently caused surgical injuries, death, brain injury, disability, paralysis or other serious injury caused by the negligence of a Kaiser Permanente medical provider should seek the assistance of a Northern California Kaiser Permanente Lawyer for help obtaining compensation for their injuries and losses.
Kaiser Permanente has more than eight million members statewide, with many of these members in Northern California. What many Kaiser Permanente HMO members do not realize is that their legal remedies are limited when an injury or death results from the negligence or carelessness of a Kaiser medical provider.
The medical injury specialists at Walkup, Melodia, Kelly & Schoenberger have successfully represented Kaiser Permanente HMO members in Northern California and nationwide in claims involving medical malpractice, recovering more than $100 million for Kaiser Permanente medical malpractice victims since 1978.
Securing Justice for Injured Kaiser Patients in Northern California
We have successfully recovered compensation for Northern California Kaiser Permanente HMO members in medical claims involving:
- Cancer misdiagnosis
- Paralysis
- Brain injuries
- Birth injuries
- Heart attack and heart disease
- Wrongful death
These injuries and fatalities have resulted from the negligence, carelessness or malpractice of a Kaiser Permanente medical professional, including nursing negligence, failure to diagnose a medical condition, obstetric negligence, emergency room errors, surgical negligence, anesthesia overdose and other medical negligence.
Kaiser Permanente group health insurance policies contain strict provisions that prohibit filing a medical malpractice lawsuit in court. Rather, all claims must proceed through private arbitration proceedings. All medical malpractice claims brought by Northern California Kaiser Permanente HMO members are handled by the Office of Independent Administrator (OIA). The strict guidelines and complex procedures make it challenging for Kaiser Permanente members to succeed in obtaining rightful compensation without the assistance of an experienced lawyer. In fact, without a lawyer, Kaiser Permanente HMO members lose 75 percent of the time and do not recover the compensation their family needs.
How Does the Kaiser Permanente Arbitration Process Work?
Unlike a lawsuit, there is no judge or 12-person jury who decides whether you are eligible for compensation. Instead, the third-party arbitrator acts as the judge and jury and makes the decision based on his or her knowledge of California medical malpractice law. It is important to note that these decisions are binding, meaning that you cannot appeal them.
Most Kaiser arbitrations resolve within 18 months from when the claim is initially filed. Some cases take a longer period to conclude, while others can settle within a few months or less. Your attorney can strategize the best course of action for your case and help you identify your optimal path to maximum compensation.
Can You File a Lawsuit Against Kaiser or a Kaiser Doctor?
Kaiser’s arbitration agreement prevents medical malpractice victims from filing lawsuits in civil court. The California Supreme Court has approved this process. It is critical to seek the advice of a Northern California Kaiser Permanente attorney as soon as possible.
What Counts as Medical Malpractice?
Medical malpractice happens when a healthcare provider fails to uphold the accepted medical standard of care and harms a patient.
The medical standard of care establishes a set of accepted and reasonable behaviors that one would expect from a healthcare professional. These providers must act in a way that a similarly trained and reasonable professional would under the same circumstances. Any medical errors could lead to undetected illnesses, serious injuries, and new conditions that completely alter the patient’s life.
There are many ways that a medical provider could commit an act of malpractice, such as the following:
- Misdiagnosing a medical condition
- Prescribing the wrong medication to a patient
- Administering the incorrect dose of a medication
- Discharging a patient prematurely
- Performing the wrong surgery
- Performing surgery on the wrong body part
- Leaving a foreign object inside a patient’s body
- Delaying treatment for a patient
- Failing to monitor patient vitals
If you are unsure whether your case qualifies for Kaiser arbitration, speak to an attorney at Walkup, Melodia, Kelly & Schoenberger. Our lawyers have handled many cases involving medical malpractice and can help you determine whether negligence likely occurred.
Kaiser Permanente Hospitals and Facilities in Northern California
Kaiser Permanente has a massive network of hospitals, medical clinics, urgent care facilities, and centers for specialty services. In Northern California alone, there are several Kaiser hospitals and facilities that serve 15 distinct markets.
Below are just a few of the Kaiser Permanente hospitals in Northern California:
- Antioch Medical Center
- Fremont Medical Center
- Fresno Medical Center
- Hayward Medical Center
- Manteca Medical Center
- Modesto Medical Center
- Oakland Medical Center
- First Care Medical Center
- Redwood City Medical Center
- Richmond Medical Center
- Roseville Medical Center
- Sacramento Medical Center
- South Sacramento Medical Center
- San Francisco Medical Center
- San Jose Medical Center
- San Rafael Medical Center
- Santa Clara Medical Center
- Santa Rosa Medical Center
- South San Francisco Medical Center
- Stockton Medical Center
- Vallejo Medical Center
Proving Your Right to Compensation During Arbitration
Kaiser arbitration claims allow victims of medical negligence to recover financial compensation for any damages that they experienced. These damages may include financial losses, like medical expenses, lost wages, and disability accommodations. You can also recover a settlement for the physical and emotional pain and suffering that you endured.
To recover an award during arbitration, you will need to show that the at-fault provider’s negligence caused your injury or medical condition.
Do You Need a Lawyer for Arbitration Against Kaiser?
The arbitration process can be very complicated, and it can be difficult to navigate the process alone. If you plan on pursuing Kaiser arbitration, you need a lawyer from Walkup, Melodia, Kelly & Schoenberger on your side. We will leverage the full power of your firm’s resources to help secure the compensation that you deserve.
A Walkup, Melodia, Kelly & Schoenberger Kaiser attorney can guide you through each stage of your claim and gather critical evidence to help prove your right to recovery. We can negotiate with Kaiser representatives, aid you in the arbitrator selection process, and help calculate your potential settlement. If you need medical experts to testify on your behalf, we can tap into our network of connections and enlist the help of a professional who can evaluate your case.
If you were injured by a medical professional at Kaiser, it is critical to seek medical care as soon as possible to stabilize your injury or illness. Make sure to gather your medical records from all of the facilities that treated your condition. After you have taken these steps, schedule a free case consultation with one of our Northern California Kaiser Permanente lawyers.
Contact a Kaiser Permanente Malpractice Attorney
Our medical malpractice lawyers comprehend the timeline requirements and complex procedures involved in Kaiser Permanente arbitration. We ensure our clients are legally protected, whether they have suffered as a result of surgical errors, cancer misdiagnosis or other medical negligence.
All Kaiser Permanente arbitration lawsuits are handled on a contingency basis. You pay no legal fees unless we successfully recover compensation for your injury. Contact us today.