With 8.4 million enrollees, Kaiser Permanente is the largest insurer and healthcare provider in California. Patients who use Kaiser Permanente, like all patients, have a range of positive and negative outcomes because no two patients are ever the same and everyone responds differently to treatment.
However, in some cases, patients of Kaiser Permanente experience injuries due to medical negligence. Since the company operates primarily as an HMO, its doctors, nurses, and therapists are managed directly.
When a patient is injured as a result of medical malpractice by Kaiser Permanente and/or its employees, they can often pursue claims against the company as well as the medical professional responsible for harming them. The following medical malpractice cases are notable for their outcomes:
$28.2 Million Win for Patient
A patient named Anna Rahm experienced lower back pain when she was a teenager. Her chiropractor recommended an MRI, but her Kaiser Permanente doctor did not authorize the testing.
A specialist thereafter treated Ms. Rahm using epidural pain medication and an antidepressant. However, the specialist did not authorize an MRI.
The patient and her family repeatedly requested a diagnostic MRI, but both the primary care doctor and the specialist refused to approve the testing. Several months after the initial visit, Kaiser Permanente finally approved the MRI, and the test revealed that Ms. Rahm had an aggressive tumor growing on her pelvis.
Subsequent treatment required the amputation of Ms. Rahm’s leg. In 2015, the patient won a jury award of $28.2 million against Kaiser Permanente. It is notable that this case was brought as an insurance bad faith claim rather than a malpractice claim in order to allow the patient to present her claims in front of a jury, which further separates this case from most cases against Kaiser Permanente, which require arbitration in a closed, private forum.
Pending Lawsuit for Sexual Assault During Surgery
Michael Bean required outpatient surgery to remove a possible melanoma from his face. He received a local anesthetic to numb his face, but did not receive a general anesthetic. The surgical assistant informed Mr. Bean that he must remain still during the procedure.
During the surgery, the medical assistant rubbed himself on Mr. Bean’s arm multiple times. Mr. Bean filed a lawsuit in Alameda County, but he has not yet settled or won his case.
Pending Lawsuit for Wrongful Death After a Delayed Sepsis Diagnosis
A patient named Shawn Washington III was transported by ambulance to a Kaiser Permanente emergency room because of breathing difficulties. He was also coughing up blood. He had visited the emergency room previously and was sent home with medication.
On the fourth visit, he died of a lung hemorrhage due to an undiagnosed case of sepsis. Sepsis is an aggressive and often fatal form of infection. Mr. Washington’s family sued Kaiser Permanente for wrongful death.
Additional Settlements for Kaiser Permanente Malpractice
Kaiser Permanente faces many medical malpractice claims due to its size and, in some cases, company policies. The following are some notable medical malpractice settlements with the company:
- $6.5 million settlement for a surgical error that permanently disabled the patient
- $5.2 million settlement for inadequate prenatal care that caused neurological damage
- $4.7 million settlement for a treatment error that produced untreated complications
- $3 million settlement for unnecessary surgery
- $2.8 million settlement for treatment errors that caused medical complications
- $2 million settlement for a medication error that caused adverse drug effects
- $1.2 million settlement for complications from a surgical mistake
- $750,000 settlement for surgical negligence that caused complications
- $650,000 settlement for an infection due to improper care after surgery
Bear in mind that not all settlements are publicly disclosed. In fact, most settlements and arbitration awards are confidential. Thus, there are many more settlements involving Kaiser Permanente patients than those publicly reported.
Amounts Recoverable in Kaiser Permanente Malpractice Cases
These numbers might seem staggering. However, a victim of medical malpractice can seek compensation for their economic and non-economic losses. More serious injuries, such as a wrong-site amputation, will produce greater losses than minor injuries.
Cases involving multi-million-dollar verdicts and settlements often involve surgical errors or other mistakes that cause permanent disabilities, disfigurement, or dismemberment.
The costs and losses recoverable in these cases can include the expenses for corrective medical treatment, if it is possible. They also include the impact on the patient’s earning ability. If the patient is permanently disabled, the injury might affect their earnings over their remaining life. Finally, the losses include the pain and suffering the patient experiences as a result of their injuries.
Contact The Trial Law Offices of Bradley I. Kramer, M.D., Esq. to Discuss Your Kaiser Permanente Medical Malpractice Case
Medical malpractice cases can be challenging, especially when facing a medical practice or hospital like Kaiser Permanente and its teams of attorneys. We have the resources and experience to stand up to Kaiser as we fight for fair compensation for your Kaiser Permanente malpractice injuries. Contact an attorney at BIKLAW to discuss your injuries and the legal compensation we can seek for them in and out of court.