Medical Malpractice FAQs

Below are questions that we are frequently by medical malpractice victims. If you have questions about your case, call us at (619) 231-1883 to speak with an attorney.

Frequently Asked Questions About Medical Malpractice

Can I sue Kaiser for medical malpractice and take them to court?

Yes and no. While you can bring a medical malpractice claim to Kaiser, you cannot take them to court. When you become a Kaiser Permanente member, part of the contract requires that you use arbitration for any medical malpractice claim, saying that the process is cheaper and faster for members.

How does Kaiser medical malpractice arbitration work?

Kaiser arbitration has all of the machinations of a normal court proceeding. Both sides have lawyers and each side presents witnesses and evidence, however, there is no judge or jury. A neutral arbitrator acts as both the judge and jury, making a legally binding decision at the conclusion of the case.

How is the arbitrator picked?

Kaiser’s lawyers and your lawyers will each submit a list with 12 proposed arbitrators. Each side is allowed to dismiss a few candidates on the list, and then rank the remaining candidates in order of preference. Then, both lists will be reviewed by The Office of the Independent Administrator to find the candidate that is ranked highest on both lists.

What is the statute of limitations for a medical malpractice case?

In a medical malpractice case, you are required to submit a claim within one year of discovering the damages a medical professional inflicted upon you. You can extend this deadline by sending an intent to sue. The one exception is a child under the age of six. For children under six, you have three years or before the child’s eighth birthday, whichever is a longer amount of time.

How long do medical malpractice cases against Kaiser take?

While the length of a medical malpractice case against Kaiser will vary based on the specifics of the case, in general, a case will normally take somewhere around 14 months.

Can Kaiser terminate my health care during arbitration?

Kaiser cannot under any circumstances discontinue your health plan or health care services in response to you demanding arbitration or beginning arbitration hearings.

How much can I expect to win from arbitration claims?

This number will obviously vary based on the individual case, but claims have brought compensation up to $2.5 million. The range of relief provided varies from $8,000 to $2.5 million, with the average award amount being over $350,000.

Where can I find a good medical malpractice attorney?

If you live in San Diego, The Law Office of Elliott Kanter can provide expert representation in any medical malpractice case against Kaiser Permanente. We have experience and expertise in medical malpractice cases, helping our clients get big cash awards after an arbitration hearing. If a doctor in San Diego committed medical malpractice against you, get the compensation you deserve by contacting The Law Office of Elliott Kanter. Schedule a consultation with us today by calling us.

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