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Question:
My husband was treated negligently by Kaiser, and he has since been stuck in the hospital. Someone told me that Kaiser has special laws that protect them from medical malpractice suits. Is this true?
Answer:
It is true that members of Kaiser Permanente signed (usually unbeknown to them) an arbitration agreement. However, this does not mean patient are unable to get legal recourse for medical malpractice done unto them by Kaiser.
You and your husband may have to handle your claim through arbitration, meaning outside of court, but that doesn't make Kaiser immune from medical malpractice laws. You have every right to have your case heard before a binding legal party, and if successful, you can certainly demand compensation for Kaisers wrongdoing.
I suggest you talk to a medical malpractice lawyer about your case to find out if you have a good shot at beating Kaiser at their own game. Kaiser is notorious for making themselves invulnerable to lawsuits, but US medical malpractice civil laws cannot be overridden by an arbitration clause.
It is true that members of Kaiser Permanente signed (usually unbeknown to them) an arbitration agreement. However, this does not mean patient are unable to get legal recourse for medical malpractice done unto them by Kaiser.
You and your husband may have to handle your claim through arbitration, meaning outside of court, but that doesn't make Kaiser immune from medical malpractice laws. You have every right to have your case heard before a binding legal party, and if successful, you can certainly demand compensation for Kaisers wrongdoing.
I suggest you talk to a medical malpractice lawyer about your case to find out if you have a good shot at beating Kaiser at their own game. Kaiser is notorious for making themselves invulnerable to lawsuits, but US medical malpractice civil laws cannot be overridden by an arbitration clause.
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