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Kaiser Permanente Birth Injury Attorney

If you or a loved one have suffered a severe birth injury, such as cerebral palsy, cephalohematoma, or any other kind of newborn brain damage due to the medical malpractice of a Kaiser Permanente physician you may be eligible for compensation. The brain injury of an infant can be detrimental not only to the health of said newborn but the health and well be of the mother as well. Experiencing such trauma and attempting to pursue legal action against the liable party should not be done alone. At Normandie Law Firm, our team of highly skilled legal consultants can walk you through the complicated process of filing your claim and suing the Kaiser Permananete responsible for the birth injury. With our main offices in Los Angeles, our attorneys can help anyone in the entire state of California to sue Kaiser Permanente for their injuries. If you have any questions after reading this article, please feel free to contact our law offices for a free consultation.

Newborn Brain Injury
Medical malpractice during the delivery of a child can often time on heartbreaking and irreversible damages that can affect not only the newborn but the infant’s mother as well. Sometimes the harm could have been unavoidable under certain circumstances, and a physician cannot be held at fault for the grave outcome. In other situations, however, the skill of the doctor can have a damaging effect on the delivery, injuring the baby. Below is a list of some of the possible common injuries a newborn child can endure due to the medical negligence of a physician.

  • Caput Succedaneum: This injury involves the swelling of a newborn’s scalp, which is often caused by prolonged pressure on the baby’s head. This pressure can come from a prolonged head-first delivery, or from a vacuum extraction procedure (a procedure during vaginal childbirth wherein a cup, with a handle and a vacuum pump are used to help guide the baby from the birth canal). The symptom of Caput Succedaneum typically fades within a few days after childbirth.
  • Cephalohematoma: This is a type of brain injury that occurs when blood collects between the skin and skull bones. Often this condition is caused by a vacuum extraction and can be a precursor to jaundice. The symptoms of this condition usually fade on its own within a few weeks to three months
  • Brachial Plexus Birth Palsy: Often referred to as Erb’s Palsy, a Brachial Plexus injury, is a nerve injury that occurs if the newborn’s neck or shoulders are stretched too far during delivery. Statistics collected by the American Academy of Orthopaedic Surgeons show that one to two out of every 1,000 babies are inflicted with this condition. While some infants will recover feeling and movement in the area affected, others may need to undergo physical therapy or surgery if there is no sign of improvement within three to six months.
  • Hypoxic-Ischemic Encephalopathy: This condition occurs when a newborn’s brain does not receive enough oxygen. This can often result in: the death of brain cells, brain damage, developmental problems, epilepsy, cerebral palsy, or even death.
  • Birth Bone Fractures: Birth Bone Fractures are sometimes unavoidable during childbirth; however, they can also occur when a physician is aware of the possible complications and disregards alternative procedures like a C-section.
  • Subconjunctival Hemorrhage: This condition is caused by the rupture of small blood vessels in a baby’s eye. Typically it appears as a small red blotch on the white portion of the eye. It is caused by different pressures placed on the baby’s body during delivery. This condition usually resolves itself and fades after one to two weeks.

All of these birth injuries can occur in cases where the physician is performing to the best of their abilities. While some of them are life threatening, others are only minor complications that resolve themselves over the course of several weeks. Dangerous, irreversible mistakes do happen, however, and in the event of those mistakes, the operating physician should be held liable for their negligence. In these cases, a birth injury lawsuit can be filed against the operating doctor and the hospital for the damages. Although, no two healthcare providers are the same, and the act of pursuing legal action against Kaiser Permanente is an especially challenging venture.

Kaiser Permanente & Arbitration Courts
If you or a loved one attempts to sue Kaiser Permanente for a mistake made during the delivery of a baby you are going to want to have an experienced Kaiser Permanente birth injury lawyer on your side to help you handle the claim. Kaiser Permanente operates under a different process than most other health care providers. When a lawsuit is filed against Kaiser Permanente for medical malpractice, they are usually settled by an arbitration court. Arbitration is the process of two parties trying their case before a neutral third party, also known as the arbitrator. The arbitrator takes all of the case information and then decides what (if any) kind of injury damages the plaintiff should receive. While this may seem vastly different from typical court proceedings, arbitration is a widely accepted alternative to the traditional court-based lawsuit system. An arbitration trail proceeds much like a standard personal injury trial. The pre-trial process is much like any other standard pre-trial lawsuit process. When it comes to the actual trial process, a judge or jury is not involved. Only the parties, their representatives, and the neutral arbitrator are present.

Claims made by Kaiser are arbitrated by the Office of the Independent Administrator or OIA. In Kaiser Arbitration proceedings the plaintiff (or patient) must submit a demand for arbitration to the OIA. This submitted demand must include: a short statement that describes the patient’s injury and how Kaiser is responsible, the amount of money the plaintiff is seeking damages, the plaintiffs as well as the attorney’s contact information (name/address/phone number), the name of those the plaintiff believes are responsible for the damages.

The Administrator then sends each party a list of twelve arbitrators to choose from with an option to agree on a neutral arbitrator from outside the system.  The respective parties have 20 days to return their selections. The selected arbitrator then must hold an arbitration management conference between the parties within 60 days. This conference involves the organization of the claim schedule, such as the mandatory settlement meeting and the arbitration hearing date. If no settlement is reached, the arbitrator conducts the ‘trial’ which is expected to be resolved within 18 months from the submission of the plaintiff’s demand letter.

The process of Kaiser Permanente’s medical malpractice arbitration procedure can be incredibly complex. The likelihood of a successful trial is far from guaranteed, especially if pursued without the aid of a skilled attorney. Courts are also fairly reluctant when it comes to overturning an arbitration holding. To overturn the decision, the plaintiff must be able to show the following:

  • That there was some fraud involved
  • The awarded damages were severely disproportionate to the actual damages
  • That there was no possible way that the evidence supported the arbitrator’s final decision.

The chances that the courts might overturn an arbitrator’s decision is rare but is not impossible. It is best to seek significantly experienced legal counsel when pursuing a medical malpractice lawsuit against Kaiser Permanente. While the process still falls under the same complex legal rules that a standard medical malpractice lawsuit must abide by, a Kaiser patient who has sustained severe damages is almost always recommended to retain proper legal counsel.

Contact Us Today For A Free Consultation
Contact Normandie Law Firm today and be one of the many clients benefiting from our zero fee guarantee policy. This policy is a further commitment to you and your case, as we believe that you should not have to pay for our services until we follow through and help you win your case. In the unlikely event that we do not manage to get you the compensation and benefits you deserve you don’t owe us any money. You only pay once we win your case. We can also provide a second opinion on your case if you already have an attorney.

 

 

 

 

 

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