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Without records, there is no history.  Without records, there is no accountability Articles and News Stories Specific to Kaiser Permanente Malpractice and Patient Experimentation Legal MattersIndexSection of Relevant ArticlesAugust 31, 2007 $903,000 awarded

September 1, 2006 Hard Time For Kaiser Patients To Get Day In Court

After reform, Kaiser still in spotlight 

May 28, 2004Ex-worker sues Kaiser over X-ray standards

May 4, 2004 Kaiser sued in instrument scare

March 17, 2004Kaiser Arbitration May Be Unenforceable, Says Unfair Business Competition Case Finalized Today

12/28/2002$1 million arbitration Kaiser loses ruling in death of newborn March 11 2002The American Arbitration Assn. will no longer allow its arbitrators to handle health care cases unless both sides voluntarily agree to the out-of-court process

October 5 2001Informed Consent as written by a Kaiser Permanente physician

05/17/2001Allegations in medical community fly -- including bribery, conspiracy.

03/17/2001 Area phy­si­cians sue Kaiser Class-action case stems from HMO's decision to leave Kansas City area

March 1, 2000$1 million arbitrationKaiser and Arbitration in California

Arbitration Agreements in Health Care: Myths and RealityElizabeth Rolph; Erik Moller; John E. RolphDuke University School of Law

Are HMOs liable for acts of independent contractor phy­si­cians by Stuart Gerson in Physician Executive, Sept-Oct-1989

$903,000 awarded to councilman's widow By Cheryl Clark UNION-TRIBUNE STAFF WRITER August 31, 2007  SAN DIEGO – The late San Diego Councilman Charles Lewis was never told by his longtime Kaiser physician Willie Thigpen that he had a serious liver disease and that drinking alcohol would hasten his death, an arbitration judge has ruled.http://www.signonsandiego.com/news/metro/20070831-9999-7m31lewis.html

mirrored for historical purposes at:  http://horror.kaiserpapers.info/lewis.html

Also found at Kaiser Permanente THRIVE Exposed! - http://www.kaiserthrive.org


After reform, Kaiser still in spotlight  Other insurers move toward the company's arbitration model even as critics say its changes haven't gone far enough.  By Daniel Costello, Special to The Times  Originally Posted at: http://www.latimes.com/features/health/la-he-kaiser30jun30,1,6053578.story


Area phy­si­cians sue Kaiser Class-action case stems from HMO's decision to leave Kansas City areahttp://legalstuff.kaiserpapers.info/kandyst.html cross referenced with: http://drphillips.kaiserpapers.info/kansaswaxman.htmland  http://businesspractices.kaiserpapers.info/kpmedicalserviceagreement.htmland  http://businesspractices.kaiserpapers.info/articlek.htmland  http://ekaiserinsurance.kaiserpapers.info/and  http://businesspractices.kaiserpapers.info/50.htmland  http://businesspractices.kaiserpapers.info/unauthorized-outline.htmland  http://businesspractices.kaiserpapers.info/scarlinakp.htmland  http://news.kaiserpapers.info/kickedoutnews.html

Ex-worker sues Kaiser over X-ray standards  A former Kaiser Permanente employee filed a whistle-blower lawsuit this week against the health care net­work, claiming he was fired for complaining to regulators about Kaiser's X-ray standards. http://nwnews.kaiserpapers.info/xraystandards.html

Kaiser sued in instrument scare A class-action lawsuit was filed Monday in Sacramento Superior Court on behalf of more than 1,000 Kaiser Permanente patients who may have been exposed to contaminated instruments.http://legalstuff.kaiserpapers.info/soupy.html

Hard Time For Kaiser Patients To Get Day In Court http://cbs5.com/local/local_story_244205451.html

September 1, 2006 - CBS5 San Francisco Reporter Anna Werner(CBS 5) Getting out of bed is hard for John Pellini. He can barely walk.

"The whole body, my shoulder my hands, everything aches," Pellini said.

He even needs help breathing. For John's family it's a 24/7 job.

"I feel guilty because I have always been the type of person to do things by myself," Pellini said.

John's family said he could walk fine just over a year ago, when he checked into the emergency room at Kaiser in Hayward, complaining of a pain in his leg. A few days later, it became even worse.

mirrored for historical purposes at: https://kaiserpapers.com/downey/pellini.html


Arbitration provider breaks with HMOs, saying it will no longer handle such cases  unless both sides agree to the out-of-court process.

....The American Arbitration Assn. will no longer allow its arbitrators to handle health care cases unless both sides voluntarily agree to the out-of-court process, said Senior Vice President Robert E. Meade.

The group's move, officials and lawmakers say, will put pressure on California doctors, hospitals and health plans to stop forcing patients into arbitration. In many states, laws prohibit mandatory arbitration clauses, which are signed as a condition of joining a health plan or seek­ing care from a medical provider.

http://legalstuff.kaiserpapers.info/2b.html


Kaiser Arbitration May Be Unenforceable, Says Unfair Business Competition Case Finalized March 17, 2004

"Kaiser broke California law by forcing patients into secret arbitration proceedings without fully and properly disclosing that they had given up their rights. Today's filing closes the door on the HMO's illegal actions. The unfair business competition law was the only tool I had to hold Kaiser accountable for its deception. With today's resolution of the case, Kaiser should take back the donation it made to the anti- patient initiative and stop its efforts to restrict patients' rights,"  http://legalstuff.kaiserpapers.info/arbitrationnot.html


Kaiser and Arbitration in California

Early in my practice, I found no problem with Kaiser arbitrations. The cases I had early were relatively small, i.e. for less than $300,000. As my practice has grown, however, and I began to bring larger cases against Kaiser, I began to notice heavy pressure to settle these cases from the judges who would eventually serve as the "neutral" arbitrator.

Recently, I had a large "bad baby" case in Kaiser arbitration: Guzman Groves v. Kaiser.  In that case it became clear that Kaiser had two different obstetrical services: one a midwife service, and one adoctor service. If you were assigned to the midwife service, you never saw a doctor until and unless the midwife became alarmed, and thought she needed a doctor to help.  Read more at:

http://www.rescuehealthcareday.com/arbitration.htm


Kaiser loses ruling in death of newborn ARBITRATION: An attorney says the doctor used standard procedures to treat the birth defect. 12/28/2002 By DOUGLAS E. BEEMAN THE PRESS-ENTERPRISE A Murrieta couple has won a $1 million arbitration case against Kaiser Permanente stemming from the death of their newborn daughter nearly three years ago. An arbitrator ruled that the doctor who performed the surgery to repair a birth defect used poor judgment when complications arose after the operation.

Under California's law limiting general damages in medical liability cases, the award was reduced to $250,000.

The couple, Rachelle and Leon Phillips, say the award is small com­pen­sa­tion for the loss of their child. More important, Rachelle Phillips said, is that Kaiser has been held re­spon­si­ble for its error that cost Renea Phillips her life.

http://www.pe.com/localnews/stories/PE_NEWS_nkaiser28.58021.html

mirrored and preserved at: http://californianews.kaiserpapers.info/newborn.html


Lawsuits get more complex Filed: 05/17/2001 By MICHELLE TERWILLEGER Californian staff writer e-mail: mterwilleger@bakersfield.com

Allegations in medical community fly -- including bribery, conspiracy.

A pair of lawsuits in the medical community that started out as disputes over money have developed into complex litigation involving allegations of bribery and possible plots to put people out of business.

......."They were concerned that Kaiser and BFMC were the fastest growing managed care entities in town. They did not have stable relationships with those two entities," said Arthur Chenen, attorney for BFMC.http://legalstuff.kaiserpapers.info/terwilleger.html
Article saved from the now defunct web address at: http://www.emedicine.com/ent/topic181.htmInformed Consent as written by a Kaiser Permanente physician and published in eMedicine Journal, October 5 2001, Volume 2, Number 10 © Copyright 2001, eMedicine.com, Inc. Author: Matthew L Howard, MD, JD, Head and Neck Surgery, Kaiser Permanente Medical Center, Santa Rosa, California(NOTE:  Dr. Howard has since retired from the Permanente)http://legalstuff.kaiserpapers.info/informedconsent.html

See Related:  How informed is signed consent?D J Byrne, A Napier, and A Cuschieri http://legalstuff.kaiserpapers.info/pdfs/1988informedconsent.pdf


Arbitration Agreements in Health Care: Myths and RealityElizabeth Rolph; Erik Moller; John E. RolphLaw and Contemporary Problems, Vol. 60, No. 1, Medical Malpractice: External Influences andControls: [Part 1]. (Winter, 1997), pp. 153-184.Duke University School of Law
Are HMOs liable for acts of independent contractor phy­si­cians by Stuart Gerson in Physician Executive, Sept-Oct-1989http://findarticles.com/p/articles/mi_m0843/is_n5_v15/ai_8134817mirrored for historical purposes at:  http://legalstuff.kaiserpapers.info/stuartgerson.html


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