KAISER
MEDICAL MALPRACTICE

DEFINITION

With the cost of private insurance rising higher and higher, many employers and individuals have enrolled in an HMO such as Kaiser. California also has placed some people into the Kaiser Health Plan through the state’s Medi-Cal program.

This makes Kaiser the largest provider of health care services in California. This gives Kaiser enormous power and helps it protect its binding arbitration clause for victims of medical malpractice.

FAQs

Unlike most insurance companies, to join the Kaiser Health Plan or another HMO, you must give up your Constitutional right to sue Kaiser or most HMOs.

As a condition of membership, you must agree that in a Kaiser or HMO medical malpractice dispute, you will submit to arbitration.

An arbitration is outside the court system, but the decision of the arbitrator is binding. This means the arbitrator’s decision is FINAL. Unlike a court, there is no appeal. Liability (who is responsible) and damages (the amount of compensation, if any) is decided by the arbitrator. Though the rules of evidence and the laws are the same as they would be in a jury trial, history shows that the amount of damages Kaiser or another HMO is required to pay when found liable for medical malpractice or a wrongful death are significantly less than they would be ordered to pay in a jury trial.

As Kaiser and HMO medical malpractice attorneys, the Law Offices of William H. Newkirk has the experience and resources to represent you in your medical malpractice claim.

We will do everything legally possible to make sure the arbitrator understands your case for:

  • Cancer Misdiagnosis
  • Medical Treatment Mistakes
  • Misdiagnosis
  • Anesthesia Errors
  • Surgical Errors
  • Refusal to Treat
  • Kaiser Hospital Emergency Room Mistakes
  • Birth Injuries
  • Paralysis
  • Brain Injuries
  • Nursing Injuries
  • Wrongful Death
The Law Offices of William H. Newkirk takes Kaiser medical malpractice cases on a contingency basis. This means you pay nothing until your Kaiser medical malpractice arbitration is resolved.

As a long-time leading Kaiser medical malpractice lawyer, Bill Newkirk understands the full medical and legal implications of your injuries. He has the knowledge, expertise, and experience to represent you successfully.

Contact Us
For a FREE, NO-OBLICATION CONSULTATION, contact a Kaiser medical malpractice attorney at the Law Offices of William H. Newkirk.

An arbitration is similar to a courtroom trial but it is held in a conference room in front of an arbitrator (usually one arbitrator but occasionally your case is heard before a panel of arbitrators). Evidence, testimony by expert witnesses, and the rules of law must be followed.

You will be up against an army of experienced lawyers who do nothing all day but defend Kaiser against medical malpractice cases.

If the legal work does not shoot you down, fronting the costs of the case can be devastating when representing yourself in a Kaiser medical malpractice case.

An arbitration can take 2 to 7 days. Arbitrators are paid $400 and up a day. Expert witnesses are $500 and up a day. Additional costs for a conference room, court reporter, and so on, can easily overcome your financial resources. At the Law Offices of William H. Newkirk, you pay nothing until your case is resolved.

Research shows that people who attempt to represent themselves in a Kaiser arbitration, typically lose the case.

An overwhelming number of them find their Kaiser medical malpractice case dismissed in summary judgment.

Summary judgment in a Kaiser arbitration means the arbitrator rules that there is no validity or not enough proof that a case even exists, so the arbitrator dismisses the case. Once that happens, your case if finished.

If you have suffered medical malpractice, you need a Kaiser medical malpractice attorney to fight for your interests.

If  you have suffered medical malpractice at Kaiser due to the carelessness or negligence of another, contact Bill Newkirk, a Kaiser medical malpractice attorney, for a FREE, NO-OBLIGATION CONSULTATION.

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