Kaiser Permanente Malpractice Claims
Claims brought against "Kaiser" generally include claims against the Kaiser Foundation Hospitals, the Kaiser Foundation
Health Plan and the Permanente Medical Group. All considerations and concerns that attend medical malpractice claims
in general also apply to claims against Kaiser and its subdivisions.
The single factor that generally distinguishes a claim against Kaiser from one against other health care providers is that all
claims against Kaiser are arbitrated. Trial by judge or jury is precluded by the membership agreement.
An elaborate set of procedures is in place that controls the administration of a Kaiser claim including the selection of an
arbitrator or arbitrators, the timing "milestones" that affect the claim and the conduct of the arbitration hearing.
California Code of Civil Procedure Section 340.5, which sets forth the limitations periods for bringing negligence claims
against healthcare providers, also applies to claims against Kaiser.
A medical malpractice claim against Kaiser is generally commenced by written notice to the Medical-Legal Department and
the payment of $150.00 to the Kaiser Arbitration Account.
Claims brought against "Kaiser" generally include claims against the Kaiser Foundation Hospitals, the Kaiser Foundation
Health Plan and the Permanente Medical Group. All considerations and concerns that attend medical malpractice claims
in general also apply to claims against Kaiser and its subdivisions.
The single factor that generally distinguishes a claim against Kaiser from one against other health care providers is that all
claims against Kaiser are arbitrated. Trial by judge or jury is precluded by the membership agreement.
An elaborate set of procedures is in place that controls the administration of a Kaiser claim including the selection of an
arbitrator or arbitrators, the timing "milestones" that affect the claim and the conduct of the arbitration hearing.
California Code of Civil Procedure Section 340.5, which sets forth the limitations periods for bringing negligence claims
against healthcare providers, also applies to claims against Kaiser.
A medical malpractice claim against Kaiser is generally commenced by written notice to the Medical-Legal Department and
the payment of $150.00 to the Kaiser Arbitration Account.
MICHAEL I DORSHKIND ATTORNEY AT LAW
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