Q: Hi, I need help to file a malpractice case against Kaiser , any suggestions, Thanks
Got a lumbar surgery in 2018 cuz they were thinking I have bulging disc which I didn’t. This year they found out it’s MS, so they made me go through lumbar surgery for no reason.
A: If you are a Kaiser member, then you have to pursue a suit against Kaiser through arbitration. You therefore cannot file a lawsuit in the superior court. You have 1 year from the date of knowledge to commence your acction (CCP 340.5).
A: It would be best to find a medical malpractice attorney with experience in Kaiser arbitrations to fully assess your matter. The typical statute of limitations for medical malpractice claims is one year; however, there are some exceptions to the rule like delayed discovery that may apply to your case. The attorney may consult with a medical expert to determine whether the doctors breached the standard of care in 2018 by misdiagnosing your bulging disc and missing the MS diagnosis.
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