Why does Kaiser have special rules for medical malpractice cases?
You are correct, Kaiser limits those covered under its health insurance by prohibiting them from suing their health care providers. Instead, Kaiser patients must submit to arbitration to resolve medical malpractice disputes. There are a number of reasons why Kaiser places these limits. In large part, it is a cost saving measure. Doctors who believe they may be subject to lawsuits have to carry for high medical malpractice insurance. This cost is passed on to consumers and insurers in the form of higher costs. By limiting a doctor’s risk of exposure to a legal battle, and by making a dispute less expensive by arbitrating rather than going to court, Kaiser is able to save more money. Although you can’t go to court, you still can file a claim, so you should speak to a licensed medical malpractice attorney who has experience in medical malpractice in CA. He can let you know what your rights are with respect to suing your doctor and help you maximize any recovery you deserve.
