Can I Arbitrate My Kaiser Malpractice Case in San Francisco Without A Lawyer?
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.
What to Expect When Trying to Arbitrate a Kaiser Malpractice Case Without an Attorney
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.
Motion For Summary Judgment: Where Cases are Won and Lost
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.
M.I.C.R.A. Law Limits Prevent Many Injured Patients From Getting The Legal Representation They Deserve
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.
Talk to Kaiser Malpractice Attorneys
The lawyers at Callaway & Wolf have many years of experience handling Kaiser cases. Request a free consultation with one of our lawyers by calling 415-541-0300.
Boone Callaway is a personal injury & medical malpractice lawyer in San Francisco who has been working with clients in the Bay Area for over 25 years. Mr. Callaway is one of only a few personal injury litigators in San Francisco who is a Super Lawyer, AV Rated and is also a member of ABOTA – American Board of Trial Advocates.
