Q: I recently found out that I have been miss diagnosed by Kaiser Permanente.
Kaiser does not provide the treatment I now need and will not cover the fees for the service. Do I have a case against them?
A:
Based on the information you provided, you may potentially have a case against Kaiser Permanente for medical malpractice or breach of contract. However, the viability of your case depends on several factors, such as:
1. The nature and severity of your misdiagnosis
2. The impact of the misdiagnosis on your health and well-being
3. The standard of care provided by Kaiser Permanente
4. The terms of your health insurance policy with Kaiser Permanente
To determine whether you have a strong case, you should consider taking the following steps:
1. Gather all relevant medical records, including the initial misdiagnosis and the correct diagnosis.
2. Review your health insurance policy to understand your coverage and any limitations.
3. Consult with a medical malpractice attorney who specializes in cases against health insurance providers like Kaiser Permanente. They can assess the strength of your case and advise you on the best course of action.
4. File a complaint with the California Department of Managed Health Care (DMHC), which regulates health plans in the state. They may be able to assist you in resolving the issue with Kaiser Permanente.
Keep in mind that legal action can be time-consuming and costly. However, if your misdiagnosis has caused significant harm and Kaiser Permanente is unwilling to cover the necessary treatment, it may be worth pursuing a case to protect your rights and ensure you receive the care you need.
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