Individuals who are insured with Kaiser Permanente® are required to use binding arbitration in the event of a medical malpractice suit. Since the decisions made in arbitration are final, you need the support of an attorney who is familiar with Kaiser Permanente arbitration and the legal precedents surrounding medical malpractice. At Bennett Johnson, LLP, we have been representing clients in medical malpractice arbitration with Kaiser Permanente for almost 40 years. Our attorneys can collaborate with medical professionals to build a strong case and support you during the arbitration process. With three offices in Santa Maria, Napa, and Oakland, CA, we can provide support for Kaiser Permanente patients throughout the West Coast. For more information about our legal services, contact our office online or call (805) 438-2952 today to speak with a member of our team.
The Arbitration Process
How Does Kaiser Arbitration Work?
During arbitration, an impartial third party, known as the arbitrator, hears evidence and arguments from the parties involved in the dispute and renders a final, binding decision. Arbitrators are often retired judges or neutral hearing officers. Kaiser employs a separate organization called the Office of the Independent Administrator (OIA) to administer arbitrations. The OIA is a neutral, independent office.
In Kaiser arbitration, both the individual bringing the claim and Kaiser are represented by attorneys. Each side presents evidence and witnesses. The arbitrator evaluates this information and makes a final decision based on their interpretation of the law. There is no guarantee of an appeal for Kaiser arbitration decisions, so it is important to choose the right representation from the start. A typical Kaiser arbitration lasts 12 to 24 months.
Why Hire an Attorney
It is possible to represent yourself during a Kaiser arbitration. However, this decision is risky and not advised. Kaiser Permanente is a large, national organization with teams of attorneys dedicated to protecting their interests during medical malpractice suits. There are times when Kaiser wins a case before a formal arbitration hearing even occurs. In a process known as Summary Judgement, Kaiser submits declarations of experts to the neutral arbitrator. A decision is then made based on the merits of this testimony without the claimant even having a chance to provide evidence.
At Bennett Johnson, we have been representing clients in Kaiser arbitration cases for almost 40 years.
An attorney can help you compile evidence of medical malpractice and coordinate testimony by medical experts in the field. They can also handle the submission of important documents and argue on your behalf during the arbitration process. By hiring an attorney who is familiar with Kaiser arbitration cases, you are more likely to receive a favorable decision.
Dedicated Legal Representation
At Bennett Johnson, we have represented clients in Kaiser arbitration cases resulting from surgical errors, birth injury, and failure to diagnose, among others. We handle these cases on a contingency fee basis, so we do not collect money unless you receive compensation from Kaiser. With members of both the American Board of Trial Advocates and the American College of Trial Lawyers, you can rest assured that the attorneys at Bennett Johnson have the training necessary to assist you. Contact our office online or call us at (805) 438-2952 to schedule a case evaluation today.