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Often, a patient who believes they are the victim of medical malpractice can file a lawsuit against the doctor in question. However, Kaiser Permanente membership generally requires patients to go through binding arbitration instead of filing a lawsuit. Here’s how to demand arbitration with Kaiser Permanente for medical malpractice.
What Is Arbitration?
Arbitration is a form of alternative dispute resolution. Unlike mediation, arbitration is legally binding, and you may not take a case to court after already going through the arbitration process. Arbitration generally follows these key steps:
- Both sides gather and share evidence
- Both sides present evidence and argue their cases before a neutral arbitrator
- The arbitrator makes a ruling
- The arbitrator decides whether the defendant owes the plaintiff compensation
The arbitration process is not unlike the process of a lawsuit. However, proceedings are generally less formal.
How to Demand Arbitration With Kaiser Permanente for Medical Malpractice: Key Steps
If you have suffered substantial injuries as a result of medical malpractice by a Kaiser Permanente physician, your next step is likely arbitration. However, you can’t just arrange for arbitration on your own; instead, you and your lawyer must file a “demand for arbitration.”
This demand is typically filed with Kaiser’s Office of the Independent Administrator. This is the neutral office that conducts arbitration between Kaiser Permanente patients and providers. Your demand must include the following:
A Brief Explanation of the Injury and Why Kaiser Is Responsible
This section should be concise, but it should clearly outline the nature of your injury and why the healthcare provider’s conduct rises to the level of medical malpractice and not just medical error. If you have sought treatment for your injury in multiple locations, you should explain why Kaiser Permanente is responsible.
The Amount of Compensation You’re Seeking
Before deciding on this amount, make sure to take careful stock of your losses. You want to request all the compensation you’re entitled to, but you also don’t want to overshoot it and risk having the arbitrator see you as unreasonable.
Your Contact Information and Your Attorney’s Information
Your demand should include your name, phone number, and address, as well as the same information for your attorney if you have one.
A List of the Names of All People Responsible for the Injury
Generally, any malpractice claim must name the specific medical professionals responsible. If you can’t remember the physicians who treated you, your attorney may be able to help.
Do You Need an Attorney for Medical Malpractice Arbitration?
Technically, you are not required to have a lawyer when you file your demand or even when you go through the arbitration process. However, a lawyer with experience in medical malpractice law can greatly increase your chances of winning.
Medical malpractice cases are notoriously complex, but the right attorney can use available evidence to craft a cohesive argument.
Kaiser Permanente Medical Malpractice FAQs
When Should You Demand Arbitration With Kaiser Permanente for Malpractice?
In most cases, Kaiser Permanente patients are required to pursue arbitration instead of filing a lawsuit if they suspect malpractice. To start the process, they must submit a formal demand for arbitration.
Is It Possible to Appeal the Arbitrator’s Decision?
You might be able to file an appeal, but the courts are usually not inclined to appeal the decision of a qualified arbitrator. If there is clear evidence of fraud or the arbitrator’s decision was completely out of line with the evidence, though, an appeal might be appropriate.
Are You the Victim of a Negligent Doctor?
If you’re wondering how to demand arbitration with Kaiser Permanente for medical malpractice, your first step should be finding a qualified attorney. Although arbitration isn’t as formal as a lawsuit, going up against a powerful company is still a challenge — and the right lawyer can increase your chances of success.
Call The Law Office of Elliott Kanter APC at 619-231-1883 or contact us online for a free consultation today.
