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No matter how you were injured, our medical malpractice attorneys are here to help.
Major medical mistakes are not uncommon. When these mistakes occur, the results can be devastating. You could suffer from birth or brain injuries, or remain unaware of a serious health condition such as cancer. If you have been harmed by a medical professional, you have the right to be compensated for your injury. In California, any medical professional – doctors, dentists, nurses, technicians – can be liable for the damage and injuries caused by medical malpractice.
Being unhappy with the care you received is not enough to sue for medical malpractice. Sometimes even when you receive poor treatment from a medical professional, it might not be medical malpractice. In order to sue for medical malpractice in California, the medical professional must have deviated from an acceptable standard of care and as a result, the patient was injured. In other words, there are certain rules for how patients are supposed to be treated by their doctors and other medical professionals. Medical malpractice occurs when someone breaks those rules.
Common types of medical malpractice claims include:
If you or a member of your family has been injured at Kaiser, speak with a lawyer right away. Although you would normally be permitted to file a lawsuit against the medical professionals who acted negligently, if you are dealing with Kaiser, you will only be able to go through arbitration.
Your case will involve analysis of medical records, hospital reports, and the opinions of medical experts. Your lawyer needs to know about medicine, the standard procedures for medical professionals, and the ins and outs of medical malpractice laws. But when you are dealing with Kaiser, it is incredibly important you hire an attorney who has experience with this specific kind of case. A medical malpractice case against Kaiser is very different from all other medical malpractice cases in California, so speak to an attorney who a track record of success in this niche field.
Instead of going to court, Kaiser utilizes an arbitration system. First of all, the attorney for Kaiser and the attorney for the plaintiff are given a list of arbitrators to choose from. They are supposed to be impartial, although you do have to consider that the arbitrators are approved by the Kaiser Family Foundation, so whether they are truly impartial is questionable. The arbitrators are usually retired judges and lawyers who decide the case based upon their interpretation of the law with the evidence presented by both parties. The decisions of the neutral arbitrator are final, legally binding, and enforceable in court. The decisions, with rare exceptions, cannot be challenged or changed. If you do not like the decision that was issued, there is no right of appeal in a Kaiser arbitration. Why does this system exist? Kaiser likes this system because traditionally, arbitrators award smaller settlements than what would have been awarded by a trial jury. But most importantly, once a verdict is made, there are no appeals.
Because of the limited amount of time to file (statute of limitations) in California, it is essential to contact expert legal counsel when you have experienced any medical negligence. The arbitration system at Kaiser can be rigorous and harsh. In order to prove and show that Kaiser was guilty of negligence, you will need the best medical malpractice attorney to evaluate your case and determine the best strategy to move forward. Mr. Elliott N. Kanter has 30+ years of experience as an attorney. Please fill out the confidential form or call our office today at 619-304-3424 for a free consultation.
Preparing for every outcome is the best way to ensure all bases are covered. Even if your case doesn’t go to court, we prepare for it. With compassion and exacting counsel, we are able to take your case as far as needed for your best interest.
There is no substitute for experience. You deserve an attorney with significant experience to represent your case. 40 years of practicing law gives us that experience, and we want to put our knowledge and expertise to work for you.
The cost of representation is on your mind. You want to know what all the fees are and, most importantly, if you can afford them. To alleviate some financial stress, we offer free consultations and are transparent about the cost of our services.
