Filing a Malpractice Lawsuit Against Kaiser Permanente

Patients of Kaiser Permanente who suffer due to medical negligence and malpractice may have their options limited by a binding arbitration agreement. Kaiser, being an HMO, is in the practice of treating as many patient as possible as quickly, efficiently and inexpensively as possible. This business practice winds up getting their hospitals into frequent trouble due to medical malpractice claims.

Kaisers Arbitration System

As a result of all the medical negligence claims against Kaiser, the company set up and enforced a binding arbitration system to keep them out of court. Every member of Kaiser signed, and is bound to settle medical malpractice claims through this system.

Criticism of the System

One case in California was taking so long to come to resolution, that the California Supreme court said effectively, "fix your arbitration system, or face your claims in open court." After this case, Kaiser was forced to revamp their system of arbitration so that victims of negligent treatment in their hospitals could get their claims handled in a timely manner.

What This Means for Victims of Negligent Treatment by Kaiser

The fact is, patients who suffer undue injury due to Kaisers "in and out" approach to medicine will not be able to get their case heard in court. This does not mean Kaiser is immune to medical malpractice tort claims, quite the contrary, they are held liable for all acts of medical malpractice and resulting injury and expenses.

However, your medical malpractice attorney will need to settle the claim through Kaisers binding arbitration process. This can have some positives for patients injured by negligent care, because the new system may get patients money faster than a traditional medical malpractice lawsuit.

If you or someone you love has been harmed by a Kaiser hospital, contact a medical malpractice lawyer to find out what options you have to collect damages for the malpractice and negligent medical care.