In the San Francisco Bay Area, most Kaiser medical malpractice claims in San Francisco and the Bay Area are normally heard in a private arbitration, rather than proceeding in court. This is due to the Kaiser arbitration agreement, which calls for arbitration in Kaiser's own system, uder their own rules. Arbitration is a system where cases are heard with the same procedural rules as a court trial, but in a private setting, before an arbitrator, or panel of three arbitrators, who serve as the judge.
The Kaiser malpractice arbitration system is overseen by an independent office. The independent administrator was set up after a notorious case where Kaiser delayed even choosing an arbitrator so long that the claimant died before the case could proceed, cutting Kaiser's liability substantially. Now, recent California court decisions have found that the forms Kaiser used until recently are invalid, for failing to comply with strict legal requirements that apply to waiver of the right to a jury trial. So for many people with malpractice claims against Kasier in Northern California, there is a choice: proceed under the Kaiser arbitration system for a malpractice claim, or sue in court.
The choice often will be heavily influenced by the venue of the case-the county in which a court case would be heard. If the venue is a big urban area such as Alameda County or San Francisco, lawyers agree that there is a much greater chance of getting jurors who are willing to find for a person suing a doctor or Kaiser. The individual facts of the case will also be part of the decision. The conventional wisdom is that in arbitration, even a victory will often be a compromise, compared to what a sympathetic jury might award. The Kaiser arbitration system draws from a panel of about 250 lawyers and judges, and many of these people are perceived as wanting to please Kaiser, such that attorneys for claimants would not see them as fair. Often it is a struggle getting a reasonable arbitrator in the Kaiser system.
The question of whether to opt out of the Kasier arbitration system for malpractice cases is one that will be largely, if not completely made by the attorney handling the case, but one that must be understood and approved by the client.
The Kaiser malpractice lawyers at Callaway & Wolf have many years of experience handling these cases, and are available to discuss your potential Kaiser case. Request a free consultation with a San Francisco Kaiser malpractice lawyer by calling 415-541-0300.
