Kaiser Arbitration Agreement Held Invalid

Clayton Kent

Attorney
(866) 735-1102 Ext 595

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Earlier this year, the Third Appellate District of California held that the Kaiser mandatory arbitration agreement contained within its Enrollment Application/Change Form did not substantially comply with the requirements for a valid arbitration agreement under California law.  This decision could have substantial impact on future medical malpractice cases against California Kaiser facilities.  In the past, Kaiser has almost always been successful in forcing disputes to be handled in their own arbitration program, rather than in the courts.  This decision, at least until Kaiser changes their forms, will seem to allow patients injured as a result of alleged medical malpractice to bring their claims before a judge and jury.