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Kaiser Permanente Medical Malpractice Attorney

Kaiser Permanente Medical Malpractice

Medical malpractice is usually defined as any act or omission by a medical professional during the treatment of a patient that deviates from the standards and practices of the medical community and causes injury or damage to said patient. Mistakes happen, and whether it is at the fault of a doctor or nurse, the hospital can be sued for the medical negligence of its hired staff. Kaiser Permanente is considered one of the largest not-for-profit health plans in the United States, and like all medical health plans, mistakes are bound to arise. Kaiser Permanente can experience medical mistakes just like any other national health service, and if an error is made, the party responsible for said errors should be held accountable. If you or a loved one has suffered from the malpractice or negligence of a professional employed by Kaiser Permanente medical, you may be eligible for compensation through a Kaiser Permanente medical malpractice lawsuit. At Normandie Law Firm, our highly experienced attorneys can walk you through the process of suing the hospital responsible for your damages, and earn the compensation that you deserve. Contact our law offices today, and you can receive a free consultation.

Kaiser Permanente: The Health Plan
Kaiser Permanente was founded in 1945 in Oakland California and has gone on to serve approximately 11.8 million people across the country. Kaiser Permanente is made up of three distinct groups: Kaiser Foundation Hospitals and their subsidiaries, The Kaiser Foundation Health Plan Inc., and The Permanente Medical Groups. Kaiser Permanente is considered the largest managed care organization in the U.S. to become a member of Kaiser Permanente you must live or work within one of the following eight states: California, Colorado, Georgia, Hawaii, District of Columbia, Maryland, Virginia, Oregon, and Washington. Kaiser Permanente is known for its record of high rated preventive care, and salaried doctors; however, like with all things mistakes can happen. Below is a list of all Kaiser Permanente locations within a few Northern and Southern California regions to be used as a reference:

    Los Angeles:

  • Los Angeles Medical Center
  • Downtown LA Hope Street Medical Offices
  • Glendale Medical Offices
  • Glendale Orange Street Medical Offices
  • Mental Health Center
  • Pasadena Medical Offices
  • West Los Angeles Medical Center
  • Culver Marina Medical Offices
  • East Los Angeles Medical Offices
  • South Los Angeles Medical Offices

Orange County

  • Aliso Viejo Medical Offices
  • Alton/Sand Canyon Medical Offices
  • Anaheim Hills Medical Offices
  • Barranca Medical Offices
  • Brea Medical Offices
  • Euclid Medical Offices
  • Foothill Ranch Medical Offices
  • Garden Grove Medical Offices
  • Harbor-MacArthur Medical Offices
  • Healthy Balance and Diabetes Workshops
  • Huntington Beach Medical Offices
  • Kraemer Medical Offices
  • La Habra Medical Offices
  • La Palma Medical Offices
  • Laguna Hills Medical Offices
  • Lakeview Medical offices
  • Mission Viejo Medical Offices
  • Orange County-Anaheim Medical Center
  • Orange County-Irvine Medical Center
  • Orange Health Pavilion
  • Rehabilitation Pavilion
  • San Juan Capistrano Medical Offices
  • Santa Ana Medical Offices
  • Tustin Ranch Medical Offices
  • West Fullerton Target
  • Yorba Linda Medical Offices

Bakersfield

  • Central Medical Offices
  • Chester Avenue Medical Offices
  • Coffee Road Medical Offices
  • Discovery Plaza Medical Offices
  • East Hills Medical Offices
  • Ming Medical Offices
  • Stockdale Medical Offices
  • San Joaquin Community Hospital *Emergency Services*

Modesto

  • Modesto Medical Center
  • Bangs Avenue Medical Offices
  • Dale Road Medical Offices
  • Modesto Medical Offices
  • Standiford Avenue Medical Offices
  • Cornerstone Family Practice Medical Group
  • Family Health Care Medical Group

Fresno

  • Fresno Medical Center
  • First Street Medical Offices

San Francisco

  • San Francisco Medical Center
  • Mission Bay Medical Offices
  • French Campus
  • Geary Medical Offices
  • O’Farrell Medical Offices

San Jose

  • San Jose Medical Center
  • Gilroy Medical Offices
  • Cottle Road Complex
  • Child and Adolescent Psychiatry and Autism Spectrum Disorder Clinic

Oxnard

  • Market Street Medical Offices
  • Oxnard 2103 East Gonzales Road Medical Offices
  • Simi Valley Medical Offices
  • Thousand Oaks 145 Hodencamp Road Medical Offices
  • Thousand Oaks Blvd Medical Offices
  • Thousand Oaks East Hillcrest Drive Medical Offices
  • Woodland Hills Medical Center
  • Community Memorial Hospital of San Buenaventura
  • Oxnard 2103 East Gonzales Road Medical Offices

Oakland

  • Oakland Medical Center
  • Health Education Center
  • Healthy Living Center
  • Education and Technology Center

San Diego

  • San Diego Medical Center/Kaiser Foundation Hospital
  • Bonita Medical Offices
  • Bostonia Medical Offices
  • Carlsbad Medical Offices
  • Carmel Valley Medical Offices
  • El Cajon Medical Offices
  • Zion Medical Center
  • Kearny Mesa Rehabilitation Center
  • La Mesa Medical Offices
  • Oceanside Medical Offices
  • Palomar Medical Center
  • Point Loma Medical Offices
  • Rancho San Diego Medical Offices
  • San Diego Mission Road
  • San Marcos Medical Offices
  • Scripps Medical Office
  • Viewridge Medical Offices
  • Vista Medical Offices
  • Clairemont Mesa Medical Offices
  • Mission Bay Medical Offices
  • Otay Mesa Outpatient Medical Center
  • Point Loma Medical Offices
  • Rancho Bernardo Medical Offices
  • Vandever Medical Offices

Riverside

  • Riverside Medical Center
  • Corona Medical Offices
  • Avalon Urgent Care Center
  • Canyon Crest Mental Health Offices
  • Desert Regional Medical Center
  • Hi-Desert Medical Center
  • Indio Medical Offices
  • Inland Valley Medical Center
  • John F. Kennedy Memorial Hospital
  • Meridian Medical Offices
  • Moreno Valley Heacock Medical Offices
  • Murrieta Medical Offices
  • Palm Desert Medical Offices
  • Palm Springs Medical Offices
  • Rancho Springs Medical Center
  • Temecula Medical Offices
  • Temecula alley Hospital
  • Van Buren Offices
  • Wildomar Medical Offices

San Bernardino

  • San Bernardino Medical Offices
  • Chino Grand Medical Offices
  • Colton Medical Offices
  • Fontana Medical Center
  • Fontana Mental Health Offices
  • High Desert Medical Offices
  • Indian Hill Medical Offices
  • Montclair Mental Health Offices
  • Ontario Medical Center
  • Rancho Cucamonga Medical Offices
  • Redlands Medical Offices
  • Upland Medical Offices

Medical Malpractice
Medical malpractice can occur during treatments as simple as medications prescription to complicated surgical procedures. Negligence of all kinds can result in severe damages that can often be more debilitating than the original damage they had been sent to the hospital to repair. Some of the common causes of medical malpractice are as follows:

  • Failure to diagnose or a misdiagnosis of an ailment
  • Misreading or ignoring lab results
  • Lab errors involving a misreading or ignoring of lab results
  • Wrongful Operation
  • Surgical Errors or botched surgery
  • Anesthesia errors
  • Birth Injury Delivery
  • Misdiagnosis of Cancer
  • Medication or Pharmacy Errors
  • Emergency Room Errors
  • Poor follow-up or aftercare
  • Premature discharge of Patients
  • Disregarding or not taking appropriate patient history
  • Failure to order proper testing
  • Inability to recognize symptoms

Any of these medical malpractice examples can lead to further damage of patients, and the hospital and the hospital staff should be held accountable for those further damages. If you or a loved one have suffered by the malpractice or negligence of a medical professional may be eligible to sue the hospital, surgeon, or doctor responsible and receive proper compensation. To properly sue a Kaiser Permanente or Doctor for medical malpractice you must be able to prove the negligence of the doctors who performed the treatment procedures.

Pursuing Legal Action Against Kaiser Permanente
If you hope to pursue legal action against Kaiser Permanente for medical malpractice, you must first understand the process by which Kaiser takes on cases filed against them. Most Kaiser Permanente members are not aware that since 1978 almost all Kaiser Permanente medical malpractice claims are carried on in private arbitration. This means that the settlement of the dispute between two parties is conducted by a neutral third party, and will not be heard in court. In this case, the arbitration is held within Kaiser’s system and abides by its own rules. For this reason, the odds of finding a successful settlement are unclear. These proceedings tend to operate under a variety of complex rules, which can affect entire process. The whole arbitration process is overseen by an independent third party office called The Office of the Independent Administrator. The OIA began after an infamous case wherein Kaiser took too long to choose an arbitrator, and the claimant eventually passed away before the case could continue. Since then, the OIA has stated that a resolution for any claims must be made in less than 18 months from the date the claim was first filed.

Since Kaiser Permanente requires an arbitration process, you cannot file a traditional court-based lawsuit against Kaiser Permanente if you have experienced medical malpractice by a Kaiser Permanente medical professional. To pursue a lawsuit against Kaiser Permanente, you must present your case through their complicated arbitration process and file a medical malpractice arbitration lawsuit. Fortunately, the laws that govern lawsuits in arbitration are the same in court-based lawsuits. A well-versed Kaiser Permanente arbitration lawyer will be more suited for your arbitration case than a Kaiser Permanente medical malpractice attorney. It is also important that you hire a great lawyer to sue Kaiser Permanente as they are bound to have the resources to hire the best legal team that money can buy.  Regardless of who you select to fight your case, you will need to prove the medical professional acted negligently and did not live up to the medical standard of care that all physicians and health care providers are expected to follow.

Proving A Breach Of The Medical Standard of Care
The Medical Standard of Care is often defined as the care that any reasonably competent and skilled medical professional with a similar background would have provided under the same circumstances.  For a case of medical malpractice to be successful one must first be able to show proof that your health care provider breached this standard of attention. For instance, if an individual attempts to sue an oncologist and the Kaiser Permanente hospital for misdiagnosing a tumor, they must be able first to prove that the oncologist’s actions directly caused their damages. The factors that determine medical malpractice are as follows:

  • An existence of A Doctor-Patient Relationship: The first step in establishing proof of medical malpractice is to show that the patient and the doctor both agreed to operate and be operated upon.
  • The Doctor Acted In Negligence: Mistakes happen, and a Doctor is not liable if the outcome of your surgery is not what you want it to be. To sue for medical malpractice, you must be able to show that the doctor inflicted harm in a way that another more competent would not have. To put it simply, you must be able to prove that the physician did not act with reasonable skill and care of his profession
  • The Doctor’s Negligence Directly Caused Harm: The patient must be able to show that the physician’s negligence directly caused harm. If a patient dies after treatment, and the doctor did nothing wrong during the procedure, then that doctor cannot be sued for medical malpractice.
  • The Medical Malpractice Caused Specific Damages: Lastly, the patient must be able to show the negligence caused specific injuries. This can be proven by physical pain, medical bills, and records, or a loss of wages and future income.

Other Requirements of Medical Malpractice Cases

There are a variety of rules and procedures for medical malpractice claims, and it is valuable to understand them when filing your case against any health care provider, Kaiser Permanente and otherwise. For one, medical malpractice cases are recommended to be brought before a court between six months and two years (depending on the state). If you do not file the lawsuit within that amount of time, you could be at risk of breaching the statute of limitations which is the period in which you can present a claim. Depending on your state, you may be required to bring your claim before a malpractice review panel. These medical experts will review your claim, compare it against expert testimony, and then decide whether or not there is proof of medical malpractice. The findings of this panel are typically presented before a court and can be used as evidence for the plaintiff. In all medical malpractice cases, expert testimony is required. These opinions are often a vital part of most medical malpractice cases. The only time when expert testimony is not as necessary is if an object is left inside the patient that is not included in the procedure.

Free Consultation with a Medical Malpractice Attorney
If you or a loved one was harmed due to the medical malpractice of a Kaiser Permanente doctor, surgeon, nurse, or physician, you might be eligible for significant compensation for your damages. At Normandie Law Firm, our medical malpractice arbitration lawyers can help you with the complicated process of suing Kaiser Permanente. Our firm operates under a zero fee guarantee policy wherein you don’t pay until we win your case and earn you the compensation you deserve. Under our policy, second case reviews are 100% free of charge as well. Give us a call, and we can fight for your case, so you don’t have to.

 

 

 

 

 

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