Three years ago, I developed blindness in my left eye and saw a Kaiser Permanente primary care physician. After being referred to a neurologist, who was not listening to my concerns, completely ignored the signs and symptoms of my condition, failed to order the proper tests, and was always in a hurry, I suffered a severe stroke and complications. Can I sue Kaiser Permanente for medical negligence?
Can I sue Kaiser Permanente for medical negligence?
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Answer:
Medical malpractice claims may be brought not only against physicians but also against health care facilities, such as Kaiser Permanente, nurses, and pharmaceutical companies. However, Kaiser has in place an arbitration system through which all medical malpractice claims are handled. This may limit your options to an extent, but a good medical malpractice lawyer should be able to get you justice.
To prove medical negligence, an injured plaintiff must establish that 1) the health care provider owed a duty to him or her, 2) the provider breached the standard duty of care to him or her, 3) the provider's breach of that duty is the direct cause of his or her injury, and 4) he or she was injured.
The applicable standard of care is defined as the measures or actions that a reasonable healthcare provider, such as Kaiser Permanente, should have taken under similar circumstances. Each state has a time frame within which a plaintiff can file a medical malpractice claim- typically a certain number of years from the date that he or she knew or reasonably should have known of the injury.
Talk to a Medical Malpractice Lawyer to get some advice and guidance regarding your options for filing a medical negligence claim.
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Posted by Yara Zakharia on 06 Apr 2010