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Kaiser Permanente, California’s largest HMO, requires members to arbitrate claims against its doctors instead of bringing legal action via a traditional court system. Like traditional litigation, arbitrated claims often result in settlements between the parties. But what are Kaiser settlements worth?

Jeff Milman, a member of the Advocate Law Group Network whose practice specializes in medical negligence claims – many of them against Kaiser Permanente – shared information on some of the settlements his firm has obtained against the insurer.

$1, 700,000 settlement. A Kaiser patient, who received multiple injuries when the motorcycle he was riding was struck by a truck, was taken to the hospital for his injuries. Kaiser doctors put him on medication that was causing him to have respiratory issues. Instead of placing him on anti-coagulant medication to correct the respiratory issues, they discharged him. He was rushed to the hospital a few weeks later where he allegedly suffered a massive clot resulting in a cardiac arrest, physical injury and anoxic brain injury that might have been avoided had doctors not discharged him.

$1,000,000 settlement. A patient underwent a gallbladder removal surgery at Kaiser, but the procedure went awry and her common bile duct was mistakenly sliced. Kaiser never informed her of their negligence. After the surgery, the patient continued to have health issues. Four years later, she saw another doctor who informed her of the true nature of her continuing health problems caused by her surgery. She will need future reconstructive surgery, bile duct ballooning, possible liver transplantations and will suffer a loss of future earnings.

$950,000 settlement. A 36 year old Kaiser patient who had to have his spleen removed as a child was exposed to an industrial solvent at work and began to feel ill. Reviewing Kaiser’s patient handbook, his wife gave him over the counter medications and sent him to bed.

The following morning, he still didn’t feel well, developed a fever and splotches on his face. The couple went to the emergency room and he remained in the hospital for nearly three months, where doctors had to amputate both of his arms and legs. The couple brought a claim against Kaiser for failing to provide informed consent and a needed vaccination.

$300,000 settlement. A patient was experiencing nose bleeds and went to Kaiser for treatment. Based on the patient’s condition, doctors should have done a biopsy for cancer, but did not. He saw another doctor two years later for the same issue and this doctor not only did a biopsy, but discovered cancer in his nose. He underwent a rhinectomy (a total removal of the nose), a partial palatectomy (correcting a mid-facial collapse) and skin grafting. He will need further reconstructive surgery and will suffer a loss of future earnings.

Control the things you can

Settlement amounts against any party depend upon the facts and circumstances of the case and the attorney who represents you. While you can’t control the former, you can control the latter by hiring an attorney whose practice focuses on medical negligence and who understands not only insurance law, but how Kaiser Permanente operates. To contact an attorney, click here.