Legal Question in Health Care Law in California

Can I file a lawsuit against Kaiser Permanenter for giving the wrong diagnosis and finding out I had gallbladder stones ready to burst a year later?

Asked on 1/13/12, 8:23 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Nope. You signed up for Kaiser, you agreed to Arbitration. Good luck with that.

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Answered on 1/13/12, 8:29 pm

Armen Tashjian Law Offices of Armen M. Tashjian

First, check your contract with Kaiser and almost guaranteed it'll show an agreement to go to binding arbitration.

Second, I don't exactly understand what your damages are. Sure, you can sue for wrong diagnosis. But, what damages did you actually suffer here? If you can't show real damages, your perceived fear that your gallstones would burst a year later is not going to work here. Why you ask? You just found out the problem and you have a year to fix it. No harm no foul! Good luck.

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Answered on 1/14/12, 9:00 am

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