From time to time people in San Francisco, Oakland, and around the Bay Area ask me if they need an attorney to pursue a claim in the Kaiser malpractice arbitration system. Reading the Kaiser Arbitration Rules, you could easily get the impression that you could file a claim without a lawyer. The Kaiser arbitration administrator's website explains where you write to start your claim, etc. Unfortunately, proceeding with an arbitration claim involves all the same maneuvers involved in a lawsuit in court, and all the same rules apply. This is impossible for people most to do for two reasons: The first reason is simply that they are not lawyers, and do not know the law, such as the rules of Civil Procedure. The second reason is that the medical experts, who are vital for a Kaiser medical malpractice case, will normally not work with anyone but a lawyer.
Why won't medical experts "go direct" with a claimant in a Kaiser malpractice case in the San Francisco Bay Area? These experts already believe that they are sticking their necks out to be testifying against a fellow doctor. They want the discretion, protection and proper handling that a lawyer will likely provide, as well as assurance that their high fees will be promptly paid.
Kaiser malpractice arbitrations are normally heard from a lawyer or retired judge who is on the panel managed by the Office of the Independent Administrator. Every experienced Kaiser arbitrator's history file shows multiple cases where a person represented themselves, only to have the case lost to a Motion For Summary Judgment-a pre-arbitration motion to dismiss the case. Responding to one of these motions is very burdensome for an experienced attorney, and requires a very detailed declaration under penalty of perjury from a medical expert. Thus, very few people without lawyers ever get to actually attend a Kaiser arbitration.
Due to the high costs of bringing a case, and the M.I.C.R.A. law limits on fees and recoverable damages, many, many people with meritorious cases are unable to get a lawyer to take their Kaiser case. Unfortunately, the great majority of these people do not have any other way to proceed, and are forced to drop their cases.
The San Francisco 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 Kaiser malpractice lawyer by calling 415-541-0300.
