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Specific questions regarding Kaiser legal matters should be addressed to:
Dr. Harvey Frey at:
hsfrey@harp.org -- further information at: http://www.harp.org

Arbitration is an adhesion contract (contract of adhesion) n. a contract (often a signed form) so imbalanced in favor of one party over the other that there is a strong implication it was not freely bargained. Example: a rich landlord dealing with a poor tenant who has no choice and must accept all terms of a lease, no matter how restrictive or burdensome, since the tenant cannot afford to move. An adhesion contract can give the little guy the opportunity to claim in court that the contract with the big shot is invalid. This doctrine should be used and applied more often, but the same big guy-little guy inequity may apply in the ability to afford a trial or find and pay a resourceful lawyer.  Source:

New: 6 May 2016 -  Case Summary - Victim Scott Campbell - Suit filed: Christina Campbell vs. Kaiser Permanente Medical Group - DAMAGES AWARDED: $1,165,675 (Present value of lost earnings)
$ 250,000 (Non-economic damages, per MICRA)
$ 2,324 (Funeral expense)
http://legalstuff.kaiserpapers.org/scott-campbell.html

NEW:  3 Dec 2015 - Kaiser is obligated to pay for out-of-network medical care based on physicians' "binding" determination that a patient needed emergency stabilization, a federal judge ruled. - 
http://www.courthousenews.com/2015/12/03/kaiser-must-pay-for-out-of-network-care.htm

Anna Rahm was needlessly denied medical care which nearly cost her life.  See:  http://legalstuff.kaiserpapers.org/anna-rahm.html
Her attorney Michael Bidart prevailed in court and she did not have to participate in the Kaiser arbitration scheme.  See:  Kaiser ordered to pay woman more than $28 million
http://www.latimes.com/business/la-fi-jury-awards-kaiser-cancer-patient-20150326-story.html
How in this case arbitration was avoided is here: http://legalstuff/anna-rahm-did-not-go-to-arbitration.html


If a doctor harms a patient by running over them with their car they or their family can sue.  If the same doctor harms or kills a patient while they are in the hospital or under the doctors care in a medical office, the inured is legally stuck and will most likely forced into the Kaiser arbitration system and the damages will be severely limited and the punishment minimal.

The greater understanding that you have of the laws covering malpractice/negligence, the better your chance will be in accepting any court decisions, involving open court or arbitration decisions, to provide future care for injured family members or in seeking legal punishment for actions that have brought harm.  If you do not understand you will most likely be extremely disappointed.  You must understand that this system is not set up for the benefit of most people but does overall benefit corporations and their physician employees.  If you really want to understand then study the current laws, who financed them into being and which legislators made it all happen.

Sister’s claim against Kaiser denied in arbitration
By Ken Carlson -  12/27/2014 5:29 PM
Read more here:

Former oncologist claims Kaiser Permanente pushed profits over patient care, files $7 million lawsuit

Here is a case recently filed in San Mateo in open Superior Court.  Let's hope that this family is not forced into arbitration where this information will not be allowed to become public knowledge and where true justice just might take place:




In you are interested in MICRA Issues please do view this material:



New News:  

Kaiser Permanente released a statement regarding this case that reads in part, “Kaiser Permanente, immediately after diagnosing the patient's infection, made repeated attempts to contact him to get him the treatment he needed.  Given these facts the jury found that, for the most part, much of the responsibility in this case fell upon the plaintiff himself, thus reducing the award by 70%.” This means Kaiser will only need to pay Chevalier 1.5 million dollars. Archived for historical purposes here
A slightly different version of this article is found
 and

NOTICE: JUST BECAUSE YOU MAY FILE AN ARBITRATION OR LAWSUIT, IT DOES NOT MEAN THAT THE MEDICAL BOARD WILL BE NOTIFIED.  YOU ALSO NEED TO FILE A FORMAL COMPLAINT WITH THE MEDICAL BOARD AND CROSS YOUR FINGERS THAT THEY WILL INVESTIGATE THE PROBLEM.
The following news article is the best example yet as to why the Kaiser Arbitration system is an unfair system.  The article is also one of the best examples as to why the Kaiser Papers exists.

May 27, 2009 - Kaiser Settled Malpractice Suit, but Not Nearly Enough

Pasadena, CA:  Several years ago Greg M. was told he had a small tumor and was given a fews options;
he decided upon surgery---a decision he now lives to regret, every day of
his life.  "I was told by Kaiser that I would be in hospital for 3 days but

stayed for 8 days," says Greg. And the hospital's doctors would subject Greg to 4 more surgeries as they tried to correct the initial medical malpractice.

Please read the full story at:
or mirrored for historical purposes here:
http://horror.kaiserpapers.org/kaiser-settled.html

Here is yet another article that demonstrates the folly of the Kaiser system:

"The culture of the system is just such that it doesn't work," former paralegal Hiram Ash said, citing problems he had while arbitrating claims of medical malpractice with Kaiser Permanete.  "I was treated with complete disdain by the Kaiser attorneys, with the cooperation of the arbitrator."


Ash alleged that the arbitrator engaged in ex parte communication with Kaiser’s attorneys, and that his right to discovery was not protected. Ash, whose claim alleged that Kaiser’s staff ignored his need for pain-killers in the weeks after an operation for kidney stones, said the arbitrator’s award of $2,700 wasn’t even enough to pay his expert witness. - http://www.metnews.com/articles/arbi031302.htm

http://selfincrimination.kaiserpapers.org/

In that section you will find two documents that should make a prudent person very wary of trusting that their medical records are correct and that their Permanente Physician would only have the best interest of the patient at heart.



NOTE:  The purpose of  the legal section is to guide the potential victim of Kaiser and Permanente Malpractice or patient experimentation to legal information and the appropriate authorities that can be of assistance in their particular issues.   The Kaiser Papers is also clearly presenting information that shows  a disproportionate number of legal cases per historic patient population that have justifiably been brought against the three corporations - Kaiser Plan, Kaiser Hospitals and Permanente Medical.  With this listing, the public has a jump start on learning where to look to find further information on Kaiser wrong doing and twisting of current law.  This is not an all inclusive listing of resources and lawsuits, but rather a generalized listing for the publics viewing.



Before you even get involved in any Kaiser or Permanente arbitration please also read:
http://selfincrimination.kaiserpapers.org/

In that section you will find two documents that should make a prudent person very wary of trusting that their medical records are correct and that their Permanente Physician would only have the  best interest of the patient at heart.

NOTE: The purpose of the legal section is to guide the potential victim of Kaiser and Permanente Malpractice or patient experimentation to legal information and the appropriate authorities that can be of assistance in their particular issues. The Kaiser Papers is also clearly presenting information that shows a disproportionate number of legal cases per historic patient population that have justifiably been brought against the three corporations - Kaiser Plan, Kaiser Hospitals and Permanente Medical. With this listing, the public has a jump start on learning where to look to find further information on Kaiser wrong doing and twisting of current law. This is not an all inclusive listing of resources and lawsuits, malpractice, litigations, attorney listings, but rather a generalized listing for the publics viewing.