Legal Help for Sacramento Kaiser Permanente Medical Malpractice Victims
Walkup, Melodia, Kelly & Schoenberger’s Sacramento Kaiser Permanente Medical Malpractice Lawyer obtained a multimillion-dollar confidential mediated settlement on behalf of an infant who suffers permanent blindness, developmental delay and cognitive deficits as a result of the failure of the nursing staff at Kaiser Sacramento to follow proper protocols when the infant showed signs of hypoglycemia. View additional cases and results.
The law firm of Walkup, Melodia, Kelly & Schoenberger is a leading personal injury law firm that represents Sacramento Kaiser Permanente members in medical malpractice arbitration lawsuits. Since 1978, all Kaiser Permanente group health insurance policies contain provisions that require all claims against Kaiser or Kaiser medical providers to be processed through its complex private arbitration system rather than through a civil lawsuit.
Our attorneys have represented victims of medical negligence in Sacramento and throughout California and the rest of the nation under Kaiser’s stringent arbitration system, recovering more than $500 million for medical malpractice victims and their families. Our firm’s success is a testament to our attorneys’ vast knowledge and experience in complex Kaiser Permanente medical negligence cases and to our firm’s dedication to protecting our clients.
Contact an experienced lawyer at our law firm to discuss a medical malpractice claim involving Kaiser Sacramento or other Kaiser Permanente malpractice claim, including cases involving nursing negligence, delayed diagnosis, emergency room errors, prescription negligence and other doctor or hospital errors. We handle claims involving all types of medical malpractice injuries:
Our law firm also handles Sacramento Kaiser Permanente arbitration involving medical negligence or malpractice that leads to premature or wrongful death.
Kaiser Permanente Patients Have Limited Options for Compensation
Like many healthcare facilities, acts of medical malpractice occur every year at Kaiser hospitals and medical clinics. Usually, injured patients have the right to file lawsuits against negligent medical professionals. For Kaiser patients in Sacramento, this is not the case.
Members of Kaiser are required to undergo a process known as arbitration instead of filing a lawsuit. During the arbitration, a neutral arbitrator will hear evidence and determine whether a patient is eligible for compensation under California’s medical malpractice laws. This process is overseen by an independent administrative body, the Office of the Independent Administrator (OIA).
Kaiser’s arbitration clause bars patients from filing medical malpractice lawsuits against negligent medical providers or facilities. The California Supreme Court has upheld the validity of the Kaiser arbitration agreement, meaning that an injured patient cannot avoid arbitration.
How Does Arbitration Work for Kaiser Permanente?
To initiate arbitration with Kaiser, you will need to send a demand for arbitration to the OIA. This document will include important information about your case, such as your contact details, your lawyer’s information, a description of your injury, and the amount of compensation that you are seeking.
Following the submission of your arbitration demand to the OIA, the following steps will occur:
- First, the OIA will send you a list of potential arbitrators, who are randomly selected. Kaiser will receive a copy of this list as well.
- After receiving the list of arbitrators, you will either need to select one jointly with Kaiser or submit your ranked preferences to the OIA within a certain amount of time. You and Kaiser may also choose an arbitrator outside of the system and submit him or her for approval.
- Once the arbitrator is appointed, he or she will hold an arbitration management conference. Kaiser and you will establish deadlines for your remaining events during this proceeding.
- The mandatory settlement hearing is one of the first major events in Kaiser arbitration. During this proceeding, you and your attorney will meet with Kaiser’s representatives to try and negotiate a settlement. Your case may conclude at this stage.
- If you are unable to reach a sufficient settlement, you will need to attend an arbitration hearing. The arbitrator will serve as the judge and jury during the hearing and listen to evidence and arguments from both sides. Then, the arbitrator will decide whether to award the compensation that you are seeking.
It is important to note that courts are often reluctant to overturn or change arbitration agreements. As a result, you may not be able to appeal the outcome of your arbitration hearing. For this reason, it is crucial to hire a lawyer to represent your case from the beginning and fight aggressively for your right to maximum compensation.
List of Kaiser Permanente Facilities in Sacramento, CA
Several Kaiser Permanente facilities serve patients in and around Sacramento, including hospitals, clinics, and specialty centers. These facilities include:
- Davis Medical Offices
- Downtown Commons Medical Offices
- Fair Oaks Medical Offices – Sacramento
- Point West Medical Offices – Sacramento
- Folsom Ambulatory Surgery Center
- Folsom Medical Offices
- Lincoln Medical Offices
- Modesto Medical Center
- Rancho Cordova Medical Offices
- Roseville Medical Center
- Sacramento Medical Center
- Sierra Gardens Medical Offices – Roseville
- Stockton Medical Center
- Riverside Medical Offices – Roseville
- Watt Avenue – Addiction Medicine Recovery Services
At Walkup, Melodia, Kelly & Schoenberger, our attorneys represent clients who were injured by medical professionals at all types of Kaiser facilities. If you were injured at any of the above facilities in the Sacramento area, contact our firm to schedule your free consultation.
Types of Medical Malpractice Experienced by California Patients
Medical malpractice occurs when a physician, surgeon, nurse, or another healthcare professional violates the medical standard of care and causes harm to a patient. This standard requires medical providers to act in the same manner as a similarly trained and reasonably careful professional. Any negligent act or omission could result in undetected illnesses, serious injuries, and new medical conditions that adversely affect patients’ quality of life.
Here are some examples of medical malpractice that may occur in Sacramento hospitals:
- Misdiagnosis or Failure to Diagnose: Doctors have a responsibility to diagnose conditions accurately to the best of their abilities. If a doctor misdiagnoses a patient’s medical condition, he or she can suffer from worsening symptoms and potentially life-threatening complications.
- Surgical Errors: Surgeries are delicate procedures that require a lot of skill and caution. Negligence and recklessness can lead to major surgical errors like wrong-site surgery, wrongful amputations, and unnecessary surgery. In some cases, surgeons have even left foreign objects inside of patients’ bodies.
- Failure to Take Patient History: A patient’s chart contains important information about a person’s medical history, such as allergies and preexisting conditions. If a doctor fails to take this history or ignores a patient’s chart, he or she could prescribe a potentially dangerous course of treatment.
- Medication Mistakes: Doctors need to ensure that they are prescribing the correct medication in the correct doses for their patients. Any errors could lead to a worsening medical condition, allergic reactions, dangerous side effects, or even an overdose.
- Birth Injuries: Childbirth can be a traumatic process for both the mother and the baby. The negligence of medical professionals can lead to devastating birth injuries, including oxygen deprivation, severe blood loss, and nerve damage.
How Much Does It Cost to Hire a Kaiser Medical Malpractice Lawyer?
Many injured patients forgo an attorney because they believe a lawyer is too expensive. Financial hardship is common after medical malpractice, and few people can pay for an attorney out of pocket.
At Walkup, Melodia, Kelly & Schoenberger, our attorneys understand the hardships that medical malpractice victims face. That is why we accept all cases on a contingency fee basis. You will only be charged legal fees if our attorneys recover a financial settlement in your Kaiser malpractice claim. If we do not win, you will not pay. We do not require you to pay a retainer or cover any upfront expenses. We get paid only if we win for you.
Contact a Kaiser Permanente Medical Malpractice Lawyer
Contact the Sacramento personal injury lawyers at Walkup, Melodia, Kelly & Schoenberger to schedule a free initial consultation regarding your Sacramento medical malpractice case.
All Kaiser Permanente arbitration lawsuits are handled on a contingency basis. You pay no legal fees unless we successfully recover compensation for your injury.
