Q1: What is Kaiser Arbitration?
Kaiser arbitration is an out-of-court process used to resolve medical malpractice claims made by Kaiser members. Instead of going to court, a neutral arbitrator, usually a retired judge or experienced attorney, hears both sides and makes a binding decision.
Q2: Why is arbitration required for Kaiser members?
Under Kaiser’s membership agreement, most medical malpractice claims must be decided through arbitration. There are rare exceptions, but this is the general rule.
Q3: How is the arbitration process started?
Your attorney begins by filing a Demand for Arbitration with the Office of the Independent Administrator (OIA), which manages the arbitration process and ensures compliance with its rules.
Q4: Where can I find the rules for Kaiser Arbitration?
You can review the rules and other details regarding Kaiser arbitration at: www.oia-kaiserarb.com/14
Q5: How long does it take for a hearing?
Arbitration hearings are typically set within 18 months of filing the demand. Some cases are entitled to be heard much earlier than 18 months.
Q6: Where are the hearings held?
Hearings often take place in conference rooms, but increasingly they are conducted virtually on Zoom or Teams.
Q7: Do most cases go to a hearing?
Not always. Many strong medical malpractice cases settle before the arbitration hearing occurs.
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