In the vast majority of cases, the Kaiser Treaty complies with California arbitration clause laws. Under California`s decision-making law, our Supreme Court upheld the validity of the emperor`s arbitration agreement. In addition, in many cases where a patient/plaintiff acts without a lawyer, Kaiser wins on the basis of summary judgment before being formally refereed. Kaiser presents expert statements to the neutral arbitrator and a decision on the merits of the case is made without ever having a hearing of evidence. Our legal expert, J. Niley Dorit, a California lawyer, explains what you need to know. He says that the emperor`s arbitration is very similar to the introduction of a medical complaint of traditional misconduct in many ways: yes. Kaiser arbitration proceedings are subject to the same collection restrictions as in all other medical negligence cases in California. The most unfair limit for recovery is the $250,000 limit for general (“non-economic”) damages for pain, suffering and inconvenience known as MICRA. In its contract with its members, Kaiser requires members to use adjudicator procedures for any right to medical misconduct. Kaiser says its justification is that arbitration procedures are cheaper and faster for members. In fact, this statement is not always the same. In a way, I think in some of the more complex medical cases, the arbitration system is better if you bring a case before a jury, because you have a lawyer or a judge who already has the fundamental principles of the law and is more inclined to listen and learn some of the basic medical principles.
Jurors don`t give their time voluntarily, so they`re already taxed. I think it`s really starting to ask them too much when they`re asked to do a study on complex medical principles. Yes, yes. Two decisions of the California Court of Appeals have decided that the unborn children will become members of the emperor immediately after their birth, subject to the emperor`s arbitration agreement. The fact that the children themselves do not exist when the contract was negotiated or that an arbitration was accepted by the parents was considered irrelevant. In a typical case of medical abuse that is tried, each party may refer the case to an appeals court, or in some cases, the California Supreme Court. This is not possible in an arbitration procedure of the emperor.