Elk Grove, CA asked in Medical Malpractice and Personal Injury for California

Q: I have a medical malpractice case, can someone help me out with some questions about taking Kaiser to small claims?

I've reached out to other lawyer's but haven't got someone to take on my case. Is it feasible for me to take Kaiser to small claims court to get the maximum allowed at least?

2 Lawyer Answers
Adam Stoddard
Adam Stoddard
  • Medical Malpractice Lawyer
  • Santa Clara, CA
  • Licensed in California

A: If other lawyers you have spoken to are not interested in taking your case, maybe the problem is you do not have a good case. You should continue to reach out to medical malpractice plaintiff attorneys to see if they would be interested; however, if they are all turning down your case, they can't all be wrong.

Regarding your question about taking Kaiser to small claims court, that will not be possible. All Kaiser members agree to arbitrate their disputes, thus, you would need to send notice to the office of independent administartors to initiate arbitration proceedings. You could do this yourself; however, this would not be a lawsuit in a court. It would be an arbitration before an arbitrator or panel of arbitrators.

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James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: In California, the maximum amount that you can sue for in small claims court is $10,000. If you have a medical malpractice case against Kaiser, it's important to consider whether the damages that you are seeking exceed this limit.

In addition, it's important to note that medical malpractice cases can be complex, and it may be difficult to prove that the healthcare provider was negligent or that their actions caused your injury. It's important to gather as much evidence as possible to support your claim, including medical records, witness statements, and expert opinions.

If you are considering taking Kaiser to small claims court, you may want to consult with an attorney who can advise you on your specific case and help you evaluate your options. An attorney can also help you prepare your case and navigate the small claims court process.

It's also important to note that Kaiser has a team of lawyers who are experienced in defending medical malpractice claims. Taking on Kaiser in small claims court may be challenging, and it's important to be prepared for a potentially lengthy and difficult legal battle.

In summary, while it may be possible to take Kaiser to small claims court for a medical malpractice case, it's important to consider the damages that you are seeking and the complexity of the case. Consulting with an attorney who specializes in medical malpractice cases can help you evaluate your options and determine the best course of action.

1 user found this answer helpful

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