When Should I File a Medical Malpractice Claim Against Kaiser?
Kaiser Permanente insures millions of people throughout the state of California. This major health plan works by coordinating care with select network hospitals and doctors, leaving members with minimal choices in who they are able to see. When someone is injured due to the negligence of a medical facility or physician within the Kaiser system, they are also limited to how the claim can be handled.
When to File a Kaiser Medical Malpractice Claim
When you have been injured as a result of medical malpractice, you have rights to financial compensation. Waiting too long to pursue a claim can have an adverse impact on your case. It’s essential to file a claim against Kaiser Permanente as soon as you realize that you have been harmed by the negligence of one of their health care providers. Kaiser requires that all members handle any medical malpractice claims through private arbitration instead of giving them the option to file a lawsuit against their doctors or associated health care organizations. Without proper legal representation, many victims don’t get the most favorable outcome.
What Is Arbitration?
For Kaiser medical malpractice, arbitration is used to help the parties resolve disputes outside the courtroom. Arbitration is usually much less expensive and less time-consuming than going to court, so it can benefit both the victim and the responsible party. The hearing is conducted by a neutral third party, such as an attorney or a panel of arbitrators, who will assume the role of a judge and make a legally binding decision. This decision is final and usually cannot be reversed, so you should work with a lawyer who’s prepared to fight for your legal right to compensation.
Common Causes of Negligence
Doctors and hospitals have a legal responsibility to provide a safe level of care for all patients. However, there can be many reasons why a Kaiser Permanente physician or hospital is negligent in delivering this care. Negligence can be a result of:
- Surgical errors
- Undertrained staff members
- Outdated equipment
- Improper testing procedures
- Poor communication
- Unsanitary or unsafe conditions
- High staff-to-patient ratio
- Inadequate record maintenance
- Misdiagnosis of medical condition
In many instances, medical negligence results in serious injuries that may require lifelong care. These costs can be substantial over a lifetime, and we want to help protect you and your family from the financial burden. At the Law Office of Kyle W. Jones, we are dedicated to holding Kaiser Permanente providers accountable for any injuries suffered due to their recklessness.
What Kinds of Injuries Can I Claim?
For a successful medical malpractice case, your attorney must prove that your injury was caused by the intentional or non-intentional carelessness of a doctor, nurse, hospital, or other medical specialist. Any significant preventable injury can be included in your claim. These might include:
- Broken bones
- Head trauma
- Spinal cord damage
- Loss of limb
- Traumatic brain injury
- Birth injuries
- Nerve damage
When doctors or hospitals make serious medical mistakes that could have been prevented, they need to be held responsible. A medical malpractice claim can help you secure the compensation that you need to pay for your medical bills while you recover. The claim can also help reveal medical practices that put the health and safety of many patients at risk.
Since Kaiser members are restricted to arbitration, it is very important to have a qualified lawyer on your side. The Law Office of Kyle W. Jones has handled many Kaiser medical malpractice cases across California, and we will work hard to ensure that you are fully compensated for your injuries.
What Else Can I Be Compensated For?
In a medical malpractice case, a claim isn’t usually limited to just your medical expenses. You may also be able to obtain compensation for:
- Rehabilitative treatment:
In many cases, patients need extended care to fully recover. This might include follow-up visits, physical therapy, and visits to other medical specialists.
- Lost wages or future lost income:
Most victims need to take some time off work to heal from their injuries. In situations where a patient is left disabled, they’re unable to return to work in the same capacity, so this factor should be accounted for in the claim.
- Pain and suffering:
Some injuries leave individuals in extreme pain that can last for a long time. In some circumstances, you may be able to obtain compensation for your pain and suffering.
- Other expenses:
If you have other expenses related to your injury, your lawyer will let you know if you might be able to include these in your claim.
How Can a Lawyer Help?
Every Kaiser malpractice claim is different, so it’s helpful to work with a lawyer who has experience dealing with Kaiser medical malpractice. They will be able to review the circumstances of your case, let you know what you can expect during the arbitration process, help with the filing, and provide individualized advice for moving forward.
Even though your case won’t be handled in a courtroom, arbitration holds many of the same conventions. Just like in a courtroom, each side will have the opportunity to present evidence and any witnesses, including medical experts. A lawyer will be able to develop a sound legal strategy to help you prove the extent of your injuries. To win your case, your lawyer will have to show that the provider failed to provide a reasonable standard of care and that this negligence directly resulted in your injury.
Contact Our California Law Firm Today
When you need to seek financial compensation for injuries incurred by a Kaiser Permanente doctor, hospital, or other medical facility, you need an attorney experienced in these types of medical malpractice cases. At the Law Office of Kyle W. Jones, we can support you through the claims process and represent you during the arbitration hearing. We will do our best to help you recover the maximum amount of compensation possible for your injuries. Contact us today to set up a free, no-obligation consultation with a personal injury attorney at our law office in Bakersfield.