Kaiser Malpractice
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Recent Cases

$6,350,000 Settlement
Negligent Pediatric Neurosurgery
Quadriplegia

Neurosurgery on the young girl causing her permanent paralysis. READ ALL RESULTS

 

$5,000,000 Failure to Recognize Fetal Distress

Infant born with severe developmental delay, spastic quadriparesis, and permanent neurological injuries.
READ ALL RESULTS

 

$4,000,000 Genetic heart Condition

Kaiser's persistent failures to diagnose a genetic heart condition in 13 yr old boy.
READ ALL RESULTS

 

$3,200,000 Recovered.

49-year-old man developed cardiac tamponade four days after undergoing open heart surgery.
READ ALL RESULTS

 

$2,250,000 Failure to Recognize Neonatal Hypoglycemia.

Male infant who now suffers from blindness, developmental delay and cognitive deficits.
READ ALL RESULTS

 

$1,300,000 Failure To Diagnose Bladder Cancer.

READ ALL RESULTS

 

$1,100,000 Settlement

56-year-old suffered brain damage, required amputations of both legs below the knees.
READ ALL RESULTS


About the Office of the Independent Administrator

Since 1997, the Office of the Independent Administrator has handled all claims for medical malpractice and negligence against Kaiser.  The goal of the OIA is to offer a fair, timely and low cost arbitration process that respects the privacy of all who participate in it.

The OIA produces an annual written report containing important information and statistics about the Kaiser Arbitration system.  The report is then reviewed by the Kaiser Arbitration Oversight Board and made public.  Findings from the most recent OIA reports are as follows:

The OIA reported that better than 80% of those bringing claims against Kaiser do so with an attorney.  This figure represents a steady decline in the percentage of claimants who proceed without an attorney.  Now more than ever, people are realizing the need for counsel when prosecuting an action against Kaiser.

Of the 20% or so of claimants who proceeded without an attorney.  The neutral arbitrators have continually reported to the OIA that people proceeding without an attorney are at a significant disadvantage.  Claimants proceeding against Kaiser without the benefit of an attorney have difficulty navigating the complex Kaiser legal system, and often fail to in obtaining a maximum reward for their injuries.   

The OIA reports that approximately 41% of all cases against Kaiser in California were settled.  Another 31% were withdrawn or abandoned by the claimant and the remaining 28% proceeded to arbitration and were determined by a neutral arbitrator. 

Of those cases that proceeded to the neutral 8% were dismissed on summary judgment, 4% were dismissed by the neutral arbitrator, and 16% proceeded through a full arbitration hearing to an award decision.  It as like exactly what it should be this time of year. 

Claimant’s prevailed in 34% of all cases in which a full arbitration hearing took place and a neutral arbitrator rendered a decision.  The average recovery for those who received an award was $386,000.  Almost all of those claims that went through a full arbitration process involved a single neutral arbitrator rather than a panel composed of one neutral and two party arbitrators.

Kaiser Permanente Member Arbitrations Administered By The Office of the Independent Administrator

Rules for Kaiser Permanente Member Arbitrations

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415-981-7210
1-888-732-8897
(1-888-SFATTYS)

We are on call seven days per week for your convenience.

We represent Kaiser Permanente HMO members from the Oregon border to Los Angeles, from Napa Valley to Fresno, Sacramento, Merced, Stockton, Modesto, and in Hawaii; the counties of San Francisco, Alameda, San Mateo, Marin, Solano, Stanislaus, San Joaquin, Santa Clara, and in Honolulu.

Walkup, Melodia, Kelly & Schoenberger
650 California Street, 26th Floor
San Francisco, CA 94108-2615
Phone: 415-981-7210
Fax: 415-391-6965
www.walkuplawoffice.com
1-888-732-8897
(1-888-SFATTYS)

650 California Street - 26th Floor | San Francisco, CA 94108 | DIRECTIONS

   

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