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Kaiser Arbitrations
If you were injured or suffered a medical complication while being treated by a doctor, nurse or other medical professional at Kaiser, you have the right to bring a claim for the harm you have suffered. Our medical malpractice lawyers combine knowledge of medicine with legal skill to achieve outstanding results for clients who suffered because of mistakes and carelessness by doctors, hospitals, and other medical providers. Our firm has on staff a medical doctor who is also a lawyer, which uniquely equips us so we can:
- Evaluate your case
- Answer your questions
- Win the compensation you need to recover from and cope with your injuries
Common Questions
- Can I sue Kaiser?
- What is Kaiser arbitration?
- How do I know if I have a case?
- How much do you charge to evaluate my case?
- What is a contingency fee?
- Are there time limits regarding when I can demand arbitration with Kaiser?
- How long will it take to get my case resolved?
- Will my case go all the way to an arbitration hearing?
- Will filing for arbitration against Kaiser result in Kaiser canceling my health coverage with them?
- I have more questions.
Can I sue Kaiser?
In most cases, you cannot sue Kaiser doctors or Kaiser hospitals. Instead your claim will be sent to arbitration. The reason for this is that when you first became a Kaiser patient, you were asked to sign an agreement giving up your right to sue Kaiser for any possible malpractice. This does NOT mean, however, that you cannot recover fair and appropriate compensation for the harm you have suffered.
You will need to hire a medical malpractice attorney who is experienced in handling Kaiser arbitrations. At Teal Montgomery & Henderson, we specialize in Kaiser arbitrations, successfully prosecuting many cases to secure the compensation our clients need to deal with their injuries.
What is Kaiser arbitration?
Unlike a traditional lawsuit, in which a jury hears your case and gives verdict, in a Kaiser arbitration your case will be decided by a panel of one to three experts known as arbitrators.
Selecting a fair arbitration panel is a critical step in the process. You will need to hire a medical malpractice lawyer who specializes in Kaiser arbitrations, and knows from experience which arbitrators are fair so that your matter will get a fair hearing.
At Teal Montgomery & Henderson, our medical malpractice lawyers have extensive experience in arbitrating Kaiser medical malpractice cases. We can help you select the best arbitration panel, and present the medical and legal evidence necessary to win your case.
How do I know if I have a case?
Every case is different. The best way to find out if you have a medical malpractice case is to call us for a free consultation. You will be able to talk to an attorney, or in some cases, a physician who is also an attorney. We will do our best to answer your questions. If you prefer, you can send
contact us online and tell us about your potential case.
How much do you charge to evaluate my case?
We never charge potential clients for discussing their potential case with us, whether we do this by phone or in person. If we agree to represent a client in a medical malpractice matter, our office advances all the costs incurred in getting medical records, meeting with experts, etc. These costs are reimbursed to us at the conclusion of the case, assuming we are able to obtain a recovery on your behalf.
What is a contingency fee?
California law says that attorneys representing clients in medical malpractice cases must do so on a contingency fee basis. This means that the attorney gets paid for his/her time and effort only if a recovery is obtained for the client. Thus, any attorney fees are contingent on a successful resolution of the case. California law sets the maximum amount of fees that can be charged, with the amount depending on the size of the recovery obtained.
Are there time limits regarding when I can demand arbitration with Kaiser?
Yes. The specific time limit is a very complicated matter, and depends on the facts of your matter. In general, you have one year from the time you suspected that you might have been the victim of malpractice to file a demand for arbitration. This time limit is different for those under the age of 18, and in certain other instances.
Failure to meet the applicable time limits may mean you are forever barred from receiving compensation for any malpractice, so it is critical that you obtain legal advice on this issue without delay.
How long will it take to get my case resolved?
All cases are different. In general, Kaiser arbitration cases proceed somewhat faster than court cases, but resolution still is time-consuming, and it is not uncommon for cases to take at least a year or more to resolve.
Will my case go all the way to an arbitration hearing?
The majority of cases we handle are resolved through negotiations, resulting in settlement. Nevertheless, we always proceed on the assumption that every case will proceed to an arbitration hearing.
One reason we take this approach is that Kaiser hires very experienced law firms to represent their interests. These firms are not going to make a quick decision on a case, but rather take the time to have the case evaluated by experts and look carefully at every fact that might help Kaiser defeat any claim of malpractice. We have found that the only way to obtain the best results for our clients is to approach the case the same way—take the time and spend the money to carefully evaluate every aspect of the case so that we can present compelling evidence in settlement negotiations or at the arbitration hearing.
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Will filing for arbitration against Kaiser result in Kaiser canceling my health coverage with them?
Although we cannot guarantee that there will be no problems in the future, it has been our experience that the Kaiser system does not respond to a member filing a demand for arbitration by terminating that member’s health coverage. The Kaiser system is very large. While an individual physician at Kaiser may not wish to continue caring for a member who made a claim for malpractice, there is almost always another physician who can assume the duty of caring for that member.
I have more questions.
The best way to get answers to all your questions is to call our office for a free consultation (Santa Rosa)
707-284-0050 or (Sacramento)
916-596-2716, or toll free at
866-878-5267. If you prefer, you can
contact us online, and we will do our best to answer your questions.
