The Arbitration Process for Bay Area Medical Malpractice
San Francisco medical negligence attorneys assisting with arbitration
Kaiser Permanente, the largest California health plan, requires members to arbitrate all claims of doctor negligence or medical malpractice instead of litigating. Many members are unaware and upset to discover that when they signed up for Kaiser through their employer they waived their right to litigation. However, arbitration of medical malpractice claims can actually be beneficial for Kaiser members if they have an experienced and knowledgeable attorney to guide them through the arbitration process.
At the Law Office of Michael and Michelle Mandel, our attorneys have decades of experience assisting clients with the arbitration of Kaiser Permanente malpractice claims, as well as malpractice claims involving other medical providers.
Kaiser Permanente arbitration process
For the arbitration process to begin, our attorneys must file a demand for arbitration on your behalf and serve the demand on Kaiser. Once the Office of the Independent Administrator receives your demand and fees, you receive a list of possible arbitrators to choose from. Your claim may be heard by one to three arbitrators, depending on the severity of the harm done to you and the total compensation you seek:
- Damages of $200,000 or less — Your case is heard by one neutral arbitrator, unless the parties agree to two party arbitrators in addition.
- Damages of more than $200,000 – Your dispute is heard by one neutral arbitrator and two party arbitrators, one appointed by the injured patient and one by Kaiser, unless you agree otherwise in writing.
Once the arbitrator or arbitrators are chosen, our personal injury lawyers in San Francisco help you present medical and vocational evidence and expert testimony to support your claim of medical malpractice and the amount of compensation you are seeking. Discovery is allowed in Kaiser Permanente arbitrations, meaning we can also require your doctors and other negligent professionals to provide records and evidence. Your case must be presented and the arbitrator must make a decision within 18 months of your initial demand. This time period may be extended to 24 to 30 months if the parties agree that the case is complex.
Contact a seasoned medical malpractice arbitration attorney for assistance
The arbitration process for medical malpractice claims is complicated, involving a complex web of rules and procedures. Our Bay area lawyers at the Law Office of Michael and Michelle Mandel have substantial experience in Kaiser Permanente arbitrations and other medical malpractice arbitration and can guide you through the process. To speak to one of our skilled attorneys about your case, contact us online or call us at 415.626.5400 for a free initial consultation.