If you have suffered a medical complication or injury while being treated by a medical professional at Kaiser, you have the right to bring a claim to court. Our medical malpractice lawyers combine knowledge of medicine with legal skill to gain outstanding results for our clients who have suffered because of negligence by doctors, hospitals, and other medical providers. In fact, our firm has a medical doctor who is also a lawyer on our staff. This gives us a unique advantage.
Suing Kaiser doctors or hospitals it not usually an available option. Instead, your claim can be sent to arbitration. This is due to paperwork you signed, upon becoming a Kaiser patient, giving up your right to sue for medical malpractice. Regardless of this paperwork, however, you are due compensation if given inappropriate care.
You will, however, need to hire a medical malpractice attorney who is experienced in handling Kaiser arbitrations. At Teal & Montgomery, we specialize in Kaiser arbitrations.
In a Kaiser arbitration case, which is unlike a traditional lawsuit, a panel of one to three experts known as arbitrators will decide your suit. It goes without saying that selecting a fair arbitration panel is an important and critical step in the process. Because of this, you’ll want to hire a medical malpractice attorney who specializes in these types of arbitrations. You’ll want someone on your side that understands selecting fair arbitrators so you get a fair hearing. The medical malpractice attorneys of Teal & Montgomery have the unique experience of arbitrating Kaiser negligence claims. We can help you select the best arbitration panel, and present the medical and legal evidence necessary to win your case.
Contact Your Medical Malpractice Attorneys at (707) 703-4038
Successfully Serving the Bay Area for 40 Years
Since 1975, our medical malpractice attorneys have fought for the rights of victims of negligence in California. No matter the complexity of the case, our attorneys are armed with decades of experience to handle the most complex matters for clients.
Since four decades, we have recovered millions for our clients. Our record of success has earned us the respect of both our peers and adversaries who know we will never accept less than the compensation due our clients.
Initial Consultations are Always Free
Search our website to learn more about medical malpractice arbitrations. Visit our Frequently Asked Questions page to find out more about how we can seek justice for you. For more information about cases we’ve won, visit the Results and Testimonials pages.
It is important to take action as soon as possible to protect your rights, especially since there are statutes of limitations for filing negligence lawsuits in California.
Contact our Kaiser Arbitration Attorneys
Contact us online today or call 707-703-4038. Schedule an absolutely free initial consultation at your convenience. We serve clients in the North Bay area of Santa Rosa and Sacramento including Sonoma, Napa, Marin, Mendocino, Alameda, San Francisco and Sacramento counties, so we’re here where you need us.
- Can I sue Kaiser?
- What is Kaiser arbitration?
- How do I know if I have a case?
- How much do you charge to evaluate my case?
- What is a contingency fee?
- Are there time limits regarding when I can demand arbitration with Kaiser?
- How long will it take to get my case resolved?
- Will my case go all the way to an arbitration hearing?
- Will filing for arbitration against Kaiser result in Kaiser canceling my health coverage with them?
- I have more questions.
Can I sue Kaiser?
In most cases, you cannot sue Kaiser doctors or Kaiser hospitals. Instead your claim will be sent to arbitration. The reason for this is that when you first became a Kaiser patient, you were asked to sign an agreement giving up your right to sue Kaiser for any possible malpractice. This does NOT mean, however, that you cannot recover fair and appropriate compensation for the harm you have suffered.
You will need to hire a medical malpractice attorney who is experienced in handling Kaiser arbitrations. At Teal & Montgomery, we specialize in Kaiser arbitrations, successfully prosecuting many cases to secure the compensation our clients need to deal with their injuries.
What is Kaiser arbitration?
Unlike a traditional lawsuit, in which a jury hears your case and gives verdict, in a Kaiser arbitration your case will be decided by a panel of one to three experts known as arbitrators.
Selecting a fair arbitration panel is a critical step in the process. You will need to hire a medical malpractice lawyer who specializes in Kaiser arbitrations, and knows from experience which arbitrators are fair so that your matter will get a fair hearing.
At Teal & Montgomery, our medical malpractice lawyers have extensive experience in arbitrating Kaiser medical malpractice cases. We can help you select the best arbitration panel, and present the medical and legal evidence necessary to win your case.
How do I know if I have a case?
Every case is different. The best way to find out if you have a medical malpractice case is to call us for a free consultation. You will be able to talk to an attorney, or in some cases, a physician who is also an attorney. We will do our best to answer your questions. If you prefer, you can send contact us online and tell us about your potential case.
How much do you charge to evaluate my case?
We never charge potential clients for discussing their potential case with us, whether we do this by phone or in person. If we agree to represent a client in a medical malpractice matter, our office advances all the costs incurred in getting medical records, meeting with experts, etc. These costs are reimbursed to us at the conclusion of the case, assuming we are able to obtain a recovery on your behalf.
What is a contingency fee?
California law says that attorneys representing clients in medical malpractice cases must do so on a contingency fee basis. This means that the attorney gets paid for his/her time and effort only if a recovery is obtained for the client. Thus, any attorney fees are contingent on a successful resolution of the case. California law sets the maximum amount of fees that can be charged, with the amount depending on the size of the recovery obtained.
Are there time limits regarding when I can demand arbitration with Kaiser?
Yes. The specific time limit is a very complicated matter, and depends on the facts of your matter. In general, you have one year from the time you suspected that you might have been the victim of malpractice to file a demand for arbitration. This time limit is different for those under the age of 18, and in certain other instances.
Failure to meet the applicable time limits may mean you are forever barred from receiving compensation for any malpractice, so it is critical that you obtain legal advice on this issue without delay.
How long will it take to get my case resolved?
All cases are different. In general, Kaiser arbitration cases proceed somewhat faster than court cases, but resolution still is time-consuming, and it is not uncommon for cases to take at least a year or more to resolve.
Will my case go all the way to an arbitration hearing?
The majority of cases we handle are resolved through negotiations, resulting in settlement. Nevertheless, we always proceed on the assumption that every case will proceed to an arbitration hearing.
One reason we take this approach is that Kaiser hires very experienced law firms to represent their interests. These firms are not going to make a quick decision on a case, but rather take the time to have the case evaluated by experts and look carefully at every fact that might help Kaiser defeat any claim of malpractice. We have found that the only way to obtain the best results for our clients is to approach the case the same way—take the time and spend the money to carefully evaluate every aspect of the case so that we can present compelling evidence in settlement negotiations or at the arbitration hearing.
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Will filing for arbitration against Kaiser result in Kaiser canceling my health coverage with them?
Although we cannot guarantee that there will be no problems in the future, it has been our experience that the Kaiser system does not respond to a member filing a demand for arbitration by terminating that member’s health coverage. The Kaiser system is very large. While an individual physician at Kaiser may not wish to continue caring for a member who made a claim for malpractice, there is almost always another physician who can assume the duty of caring for that member.
I have more questions.
The best way to get answers to all your questions is to call our office for a free consultation (Santa Rosa) 707-703-4038 or (Sacramento) 916-472-0003. If you prefer, you can contact us online, and we will do our best to answer your questions.