Not every medical malpractice case is going to make it to trial. Many cases end in a settlement. Other cases can go through arbitration. In fact, if someone brings a lawsuit against Kaiser Permanente, their policy mandates that patients enter the arbitration process. Read on to learn more about this rule, and about what arbitration is.

How can Kaiser Permanente demand arbitration? Kaiser is an HMO, or in other words, a managed care consortium. Prior to becoming a member, patients have to sign an arbitration agreement, one which does not allow them to file a lawsuit before they enter arbitration with Kaiser.

So what is the arbitration process? In arbitration, two parties come before an arbitrator, who is an objective third party. The two parties are the plaintiff (the injured patient who filed the claim) and the defendant. The arbitrator would hear both sides and determine whether or not there was malpractice, and if so, how much the plaintiff is owed in financial damages. Arbitration will involve a time where both parties collect and share evidence, and in many ways will act like a trial, even if it is slightly more informal.

So is arbitration like mediation? Not really. Much of the structure is the same, with the two parties going to a mediator, but there are enormous differences. In mediation, the mediator can suggest compromises to the two parties, but a mediator has no legal authority to enforce them. If parties cannot reach an agreement through mediation, they can enter arbitration or a trial. Arbitrators on the other hand can create results that could be legally binding.

How do I enter arbitration with Kaiser? The first step is to bring a written demand to the Office of the Independent Administrator. The administrator who would be in charge of your case is probably listed on your medical records. Your demand would explain your case, detail the compensation you are asking for, give out you and your lawyer's contact information, and list the names of the people you are accusing of malpractice.

In the next three days, you and the defendants could be sent a list of a dozen arbitrators. You all have 20 days to name selections for this third party (or perhaps an outside arbitrator if you prefer), and then the administrator picks the one who will handle your case. Then there will be an arbitration management conference, where each stage of the process is scheduled. If arbitration falls through, the arbitrator can proceed much as if it were a trial.

How long will this process take? Usually speaking, from the time a demand is submitted, a case should be over in 18 months or less.

Are the results of arbitration final? Courts will usually agree with whatever the arbitrator has decided, so appealing in court is almost never successful. Those who should challenge the results of arbitration are patients who can establish that there was fraud, or that the compensation was extremely unfair.

Medical malpractice law is complicated, regardless of which process you enter in order to resolve a claim. The arbitration process itself can be difficult. Before you trigger this process, it would be advisable to consult a medical malpractice lawyer about your case first. You can be advised on your legal rights, on how much your case is worth, and on how to craft a compelling demand letter. Entering this process, you would be facing off against a hospital and its legal team, so you would certainly want a legal advocate on your side to ensure you get a fair result. Find the legal professional you deserve on our directory today!