What is Kaiser Arbitration Malpractice?
Arbitration is a form of Alternative Dispute Resolution (ADR) which does not require taking your matter to trial before a judge. In cases that utilize arbitration, a neutral third party will make the final decision instead of having a judge decide the final outcome. The arbitrator is usually an impartial, retired judge who will hear the cases of both parties similar to a trial but more informal. With arbitration, you have a set hearing date and you submit briefs, conduct thorough discovery, call witnesses and cross examine the other party until the third-party mediator makes their decision. Arbitration typically resolves issues quicker than if they were to go to trial and in most cases they save you money as well.
Need a lawyer for Kaiser Arbitration in Los Angeles?
Kaiser Permanente is California’s largest HMO, but they include provisions in all group health insurance policies that prohibit policy holders from filing lawsuits in court and require that members waive their rights to a jury trial. These requirements are upheld by all the courts for claims of negligence, batter, wrongful death, loss of consortium and more. Instead, malpractice disputes are resolved by a neutral third party who plays the role of both judge and jury. This neutral party is often a lawyer or retired judge who decides the outcome of the dispute based on witness testimony brought forth by both claimant and Kaiser. Decisions are final, and Kaiser Arbitration does not allow claimants the right to appeal. If you do indeed win your case, the arbitrator will serve your restitution award to you within 30 business days of the closing hearing.
Medical Malpractice Lawyer in Los Angeles
Looking for a lawyer for Kaiser Arbitration in Los Angeles? If you wish to pursue a medical malpractice claim against a Southern California Permanente Medical Group doctor or a Kaiser Permanente Hospital, Kaiser Arbitration is the only option to do so. If you or a loved one has a medical malpractice claim to file with Kaiser Permanente, speak with a medical malpractice lawyer for representation you can count on. At Steven J. Weinberg, Trial Lawyer, we can inform you if you have a case and help you file the Demand for Arbitration. If you are seeking damages of $200,000 or less in your demand, then your case will be heard and decided by a single arbitrator unless both parties specifically request differently.
If you are seeking over $200,000 of compensation however, then your case will be determined by two party arbitrators and a neutral arbitrator. You are able to waive your right to a party arbitrator if you wish to do so. When pursuing a lawsuit against Kaiser, you never know if the arbitrator is truly unbiased and open awarding favor to the claimant, which is why it is so important to have an assertive legal advocate to represent you in the hearing. Mr. Weinberg can commence the discovery process as soon as he hears about your case and he will do thorough research, gather evidence and collect witness testimony all in support of your claim.
Seek the Compensation You Deserve
The California Supreme Court has stated in the past that Kaiser Permanente has abused the Kaiser Arbitration system unfairly, in order to take advantage of those members who pursued medical malpractice claims. In three out of every four cases, individuals who elect to represent themselves in the Kaiser Arbitration process will lose.
If you are a Kaiser Permanente member and you have suffered a personal injury or the death of a family member as a result of negligence or carelessness by a medical provider, you need an attorney you can trust to represent you in the best way possible. Steve Weinberg has successfully represented Kaiser Permanente members in lawsuits and claims throughout California since 1978. With over 40 years of experience, he has an impressive track record with countless successful verdicts and settlements over the years.
Contact a California medical malpractice attorney at Steven J. Weinberg, Trial Lawyer if you or a loved one intends to pursue a claim in the Kaiser Arbitration process so that you can get representation to pursue the compensation you deserve.