Filing a Medical Malpractice Claim against Kaiser Permanente

Kaiser Permanente is the largest health care provider in the state of California with over 8.2 million members, 30 hospitals and nearly 11,000 physicians. They have a unique system for handling medical malpractice claims. Members of Kaiser’s HMO have significant restrictions on their ability to file medical malpractice claims because of the mandate that all claims be resolved through arbitration. Therefore, no matter how negligent their actions were, victims cannot file a lawsuit against Kaiser and take the healthcare provider to court. The Office of the Independent Administrator (OIA) handles the arbitrations between Kaiser and its’ health plan members.

Filing Medical Malpractice Claims Against Kaiser

While many people think that medical malpractice only relates to doctors, the fact is that any licensed healthcare provider who makes an unreasonable mistake is potentially liable in a medical malpractice claim. Making a medical malpractice claim against Kaiser Permanente may seem like a difficult task, but it is not impossible. It is imperative to note that the OIA has a timetable in resolving claims which stipulates that claims be resolved through arbitration in less than 18 months from the date the malpractice claim is filed.

Damages and Compensation from Winning Claims

The laws controlling the malpractice case is the same between a jury trial and an arbitration, including the limit on non-economic damages and the use of periodic payments to fund an aware for future economic damages. The average award has been approximately $500,000 in over 350 cases, whereby only a handful of cases resulted in an arbitrator awarding more than $2 million to the plaintiff.

When a medical malpractice lawsuit in concluded against Kaiser Permanente either by settlement or the arbitration process, California state law requires that Kaiser identify the individual(s) responsible. They must report the disposition of the case to licensing agencies and in turn is shared with the governmental authorities.

How a Lawyer Can Help

When facing a medical malpractice claim or lawsuit, you need to hire a skilled attorney who can help you obtain damages and compensation for your injuries or the wrongful death of a loved one. Most personal injury attorneys will offer a free initial consultation to evaluate your case and give you a recommendation on how to proceed.

If you or a loved one has experienced a possible case of medical malpractice at Kaiser, click here to consult with a Personal Injury Medical Malpractice Attorney near you to discuss the details of your case. This website is for informational purposes only.

Medical Malpractice, Negligence, and Errors at Kaiser

Many individuals who have been successful in winning judgments against the HMO have had experienced legal assistance who are familiar with the complicated arbitration process. Some common medical malpractice claims may include the following scenarios:

Birth Injuries

Erb’s Palsy (a condition that affects the function and mobility of the arms resulting from injuries sustained during a difficult birth).

Cerebral Palsy (neurological disorder where the child’s brain has difficulty communicating to the muscles due to decreased amount of blood flow or lack of oxygen).

Brachial plexus injury (when the nerves in a baby’s neck are temporarily or permanently damaged which control the function of the arm and hand).

Shoulder dystocia (occurs with large babies when the infant’s head is delivered but the shoulders are stuck behind the mother’s pubic bone or in the birth canal).

Group B Strep (GBS) (a bacterial infection that infants can acquire from their mothers during labor and delivery). Antibiotics should be given to the mother prior to delivery.

Wrongful Death

Hospital neglect (when a member of the staff neglects a patient and they die as a result).

Physician mistake (misdiagnosis or prescribing the wrong medication which leads to death).

surgical malpractice (errors committed during surgical procedure and causes the patient’s death).

Brain Injuries

Undiagnosed head injury (failing to order the proper tests such as a CT scan).

Improper administration of anesthesia (not providing enough or too much anesthesia or administering the wrong type of anesthesia).

Hypoxia (decrease of oxygen flow to the brain)

Paralysis

Failing to treat stroke victim (misdiagnosis of symptoms)

Spinal abscess (paralysis caused due to not properly diagnosing the patients condition)

Spinal cord injuries (caused by negligent medical and/or surgical care)

Heart Attacks/Disease

Failing to act in a timely manner (medical staff didn’t respond to patient’s needs quick enough)

Improper diagnosis of heart disease symptoms

Failure to administer proper tests (such as EKG, echocardiograms and cardiac enzyme tests)

Failure to Diagnose Cancer

Early detection (not ordering the proper tests or improper administration of tests).

Misreading test results (results misinterpreted by a radiologist).

Lack of follow-up (not following up with the patient to see if symptoms have become worse)

Emergency Room Errors

Incorrect initial assessment (caused by overworked staff).

Specialist consultation (failure to refer patient to the appropriate specialist).

Medication errors (prescribing or administering the wrong medication).

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