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ARBITRATION
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| ALERTS for those in arbitration/trial RELEVANT ARTICLES | OREGON MEDICAL MALPRACTICE DATABASE FROM THE OREGONIAN | Specific questions regarding Kaiser legal matters should be addressed to: Dr. Harvey Frey at: hsfrey@harp.org -- further information at: http://www.harp.org |
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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: http://legal-dictionary.thefreedictionary.com/Adhesion+Contract
Why the Kaiser Arbitration System is highly unfair. https://kaiserpapers.com/legalstuff/the-folly-of-kaiser-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: http://www.modbee.com/news/local/article5054910.html#storylink=cpy 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: https://kaiserpapers.com/legalstuff/pdfs/molloy-filing.pdf In you are interested in MICRA Issues please do view this material: http://calisplea.tumblr.com/post/46080507189/a-laundry-list-of-victims #.UU3jLjczSgv New News: Dusten Chevalier awarded by jury $5,000,000 in Fresno after month long battle. 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
Please read the full story at: http://www.lawyersandsettlements.com/articles/12339/malpractice-Kaiser-settlement.html or mirrored for historical purposes here: https://kaiserpapers.com/horror/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 https://kaiserpapers.com/selfincrimination/ 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: https://kaiserpapers.com/selfincrimination/ 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.
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