Lawsuits Against Kaiser Permanente and Skilled Nursing Facilities in Sacramento

In Sacramento, healthcare includes major providers like Kaiser Permanente and numerous skilled nursing facilities (SNFs). While these institutions aim to provide quality care, instances of medical errors, negligence, and subsequent lawsuits are not uncommon. Understanding these issues is crucial for those affected and those seeking legal recourse. Here, we discuss significant cases involving Kaiser Permanente and SNFs in Sacramento and how lawyer Kyle W. Jones from the Law Office of Kyle Jones can assist in navigating these legal challenges.

Common Issues in Skilled Nursing Facilities

Skilled nursing facilities in Sacramento face several challenges that can lead to legal issues, including:

1. Falls and Injuries: Falls are a prevalent cause of injury in SNFs, particularly among elderly patients. These incidents can lead to severe injuries or even death, prompting legal action from affected families.
2. Medication Errors: Incorrect medication administration or dosage can result in significant harm or death. These errors often form the basis of malpractice claims.
3. Infections: Poor infection control measures can lead to outbreaks in SNFs, posing severe risks to patients with compromised immune systems.

Notable Cases Against Kaiser Permanente

Kaiser Permanente has been involved in various legal disputes, particularly concerning medical malpractice and false claims:

• Medical Malpractice Cases:

In recent years, Kaiser Permanente has faced numerous malpractice lawsuits. One case involved a young woman who won a $28.2 million lawsuit after a delayed diagnosis of cancer led to the loss of her leg and part of her pelvis and spine. The delay in performing an MRI was deemed medical negligence.

• False Claims Act:

Kaiser has also been implicated in several cases under the False Claims Act. These cases often involve allegations of submitting false diagnosis codes to obtain higher reimbursements from Medicare. For instance, a lawsuit filed by a former compliance officer, alleged that Kaiser used faulty compliance software to inflate claims, leading to millions of dollars in overpayments​.

• Tennis Champion Case:

The family of a tennis champion was awarded $3 million in a malpractice lawsuit against Kaiser Permanente. The former professional tennis player passed away due to complications from pneumonia and sepsis. His health rapidly declined after he contracted a respiratory illness, which developed into pneumonia. Despite seeking medical attention, his condition worsened, and he was later admitted to the hospital, where he was diagnosed with sepsis, a severe and life-threatening response to infection.

His family has been vocal about the circumstances surrounding his death, alleging that Kaiser Permanente’s failure to promptly diagnose and treat his pneumonia significantly contributed to his rapid decline and eventual death. According to his widow, the delay in proper medical treatment and the lack of appropriate care during his initial visits to the medical center were critical factors in the tragedy. The family believes that had he received timely and adequate medical attention, his condition might have been managed more effectively.

The case has drawn attention to the importance of timely medical intervention and the potential consequences of medical oversight and negligence.

• $17.25 Million Misdiagnosis Case:

In another significant case, Kaiser Permanente was ordered to pay $17.25 million to a patient who suffered a stroke due to a misdiagnosis. The patient, who had chronic kidney disease, underwent elective surgery, which should not have proceeded given his medical condition. The surgery led to a stroke, resulting in life-long disabilities for the patient​.

• Medical Malpractice:

A plaintiff-appellant brought claims for medical malpractice against Kaiser Foundation Health Plan, Inc., Southern California Permanente Medical Group, and various associated physicians (collectively, Kaiser). The claims were heard by an arbitrator under a contractual arbitration agreement. After a contested hearing, the arbitrator awarded judgment in favor of Kaiser. The plaintiff petitioned the trial court to vacate the arbitration award, alleging: (1) the arbitrator committed misconduct and displayed disqualifying bias through an ex parte communication with Kaiser’s counsel regarding the plaintiff’s self-represented status; (2) the arbitrator failed to disclose two matters involving Kaiser where he served as an arbitrator; and (3) the arbitrator improperly denied the plaintiff’s request for a continuance of the arbitration hearing.

The trial court found that “the arbitrator’s conduct did not rise to a level that substantially prejudiced [plaintiff’s] rights” and dismissed her petition. The plaintiff appealed. The Court of Appeal concluded that the award should have been vacated due to the arbitrator’s misconduct on several levels. The ex parte communication, recorded by the plaintiff’s mother, revealed the arbitrator making light of the plaintiff’s self-representation and her inability to effectively represent herself. The arbitrator shared these comments with Kaiser’s counsel, resulting in a “hearty laugh” about the plaintiff’s perceived shortcomings as an advocate. Because the arbitrator was aware of this communication and did not disclose it to the plaintiff, the award had to be vacated.

Choosing the Right Legal Representation

The legal complexities of medical malpractice and negligence claims against large healthcare providers like Kaiser Permanente or skilled nursing facilities require experienced legal representation. Here’s why the Law Office of Kyle Jones can make a difference:

1. Expertise in Medical Malpractice: The Law Office of Kyle Jones specializes in medical malpractice and has extensive experience handling cases against large healthcare entities. They understand the intricacies of both litigation and arbitration processes.
2. Personalized Approach: Kyle Jones and his team offer a personalized approach to each case, ensuring that clients receive the attention and dedication necessary to achieve the best possible outcomes.
3. Proven Track Record: The Law Office of Kyle Jones has a history of successful settlements and verdicts, including significant cases against Kaiser Permanente. Attorney Kyle Jones has demonstrated his ability time and again to effectively advocate for his clients’ rights.

Dealing with the aftermath of medical errors or negligence can be overwhelming. If you or a loved one has been affected by the actions of Kaiser Permanente or a skilled nursing facility in Sacramento, it’s essential to seek knowledgeable and experienced legal counsel. The Law Office of Kyle Jones can provide the expertise and support needed to navigate these challenging situations and pursue justice.

Kyle is the experienced lawyer that can steer you in the right direction. Contact Attorney Kyle Jones today to discuss your situation.

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