Is arbitration better or worse for injured patients? The kaiser arbitration system is overseen by an independent administrator. The independent director handles the administrative details of Kaiser`s private dispute resolution system. The OIA manages the arbitration between Kaiser Foundation Health Plan, Inc. and its California Health Plan members. Although hired and paid by Kaiser, the OIA is an independent office. It`s not part of the emperor. Since arbitration decisions are final, it is essential that a patient suing Kaiser has a lawyer who is proven both in traditional cases of medical error and in kaiser arbitration proceedings. The lawyer or firm must be experienced, understand arbitration, know the arbitrator and have the economic capacity to advance all the costs necessary to maintain experts and pursue business. Even if an act or omission of a physician is contrary to what is found in medical texts, books or articles, a licensed professional is nevertheless required to make statements by authorized experts on this point. This is one of the reasons why cases of processing errors are difficult and expensive. In all cases of processing errors, including kaiser arbitration claims, the applicant is required to prove to Kaiser, through convincing expert testimony, fault or fault. In an emperor arbitration proceeding, the person who initiates the lawsuit («plaintiff») and the emperor have both lawyers, and the trial is executed in the same manner as a civil lawsuit. Each party is required to provide evidence and witnesses, including medical experts.
There is no jury. The neutral arbitrator plays both the role of judge and jury. The arbitrator decides the case on the basis of his or her legal interpretation and the evidence presented. The arbitrator`s decision is final, legally binding and enforceable in court. b. The list of possible arbitrators contains the names of twelve (12) persons. The independent director shall select the 12 (12) names at random from the arbitral tribunal of the independent director of San Diego, Southern or Northern California, based on the location where the plea was formed. In addition, in the context of kaiser arbitration, you cannot recover your recourse costs if you succeed.
In a civil lawsuit, a successful party may be able to cover part of the costs of hearing in court. This is not a remedy available in the Kaiser system. No no. Kaiser does not have the right to terminate a health insurance member`s coverage or limit their treatment or coverage because he or she asserts a right. The termination of a member`s health insurance in retaliation for the exercise of a right would constitute both a breach and a distinct, clear and questionable injustice. Most members of the emperor who pursue claims against the health plan will continue to be treated for their medical needs, while arbitration/lawsuit is ongoing. People who have knowledge about how an injury occurred (lay witnesses, nurses, therapists and other hospital staff), what was the treatment (doctors and medical assistants who participated in the treatment and healing), what the damage is and whether the treatment was within the acceptable standard of treatment, are all the witnesses necessary for an arbitration procedure of the emperor. To demonstrate that the level of diligence has been violated, expert testimony is required. Arbitration is no different from a process in this regard.
To prove damages, economic losses and rehabilitation costs, technical experts are needed in areas other than medicine, especially if you are claiming damages for future loss of profits or for the cost of a disability or future treatment. . . .