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Why Kaiser claims go to arbitration
California requires a health plan that uses binding arbitration to disclose it clearly in its contract and enrollment form, including that members are giving up a jury trial (Health and Safety Code 1363.1). Kaiser’s enrollment form says malpractice claims must be decided by binding arbitration and not by lawsuit (Kaiser enrollment form).
How the Kaiser arbitration system works
Kaiser member arbitrations are administered by a neutral Office of the Independent Administrator (OIA), which has run the system since 1999 (OIA). The system is designed to resolve most cases within 18 months of the demand; in 2025, cases closed in an average of 405 days and 79% closed within 18 months (OIA system description; OIA annual report for 2025).
The case is decided by a neutral arbitrator or a panel instead of a jury. You still need medical experts, and the award is binding.
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We listen to what happened, review the records with you and tell you plainly whether there is a case. You owe no fees or costs unless we win.
Deadlines and caps in a Kaiser case
The malpractice statute of limitations applies, measured by the date the Demand for Arbitration is served (OIA Rules): generally one year from discovery and no more than three years from the injury (CCP 340.5). MICRA’s caps on non-economic damages apply to arbitration awards the same way as to judgments: $470,000 per category for injury and $650,000 for wrongful death in 2026 (Civil Code 3333.2).
What a Kaiser case costs you
Fees in malpractice cases are capped at 25% if the case resolves before a lawsuit or arbitration demand is filed and 33% after (Business and Professions Code 6146). At Beverly Law the consultation is free, and you owe no fees or costs unless we win.
What to do now
- Request your Kaiser medical records through kp.org or the medical records office.
- Write down dates, the facility and the names of the doctors and nurses involved.
- Do not wait: the one-year deadline runs from when you discovered the injury.
- Call a lawyer who handles Kaiser arbitrations before contacting Kaiser’s claims department.
Michael Shemtoub founded Beverly Law in 2008 and has been licensed to practice law in California since 2007. He earned his law degree at UC Hastings, is admitted to practice in the U.S. District Courts for the Central and Northern Districts of California, and has tried cases to verdict. As the firm’s managing attorney, he oversees its cases.
Common questions
Can you sue Kaiser for medical malpractice?
Kaiser members in California generally cannot sue in court because they agreed to binding arbitration when they enrolled. The claim is brought as an arbitration administered by the Office of the Independent Administrator.
How long does a Kaiser arbitration take?
The system is designed to resolve most cases within 18 months. In 2025 cases closed in an average of 405 days, according to the Office of the Independent Administrator.
Do MICRA caps apply in Kaiser arbitration?
Yes. The cap in effect at the time of the arbitration award applies: $470,000 per category for injury and $650,000 for wrongful death in 2026.
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If you or a loved one was harmed by medical care in Los Angeles, talk to a California medical malpractice attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Los Angeles medical malpractice lawyer · Malpractice at a County or Other Public Hospital in California · Birth injury · Los Angeles County hospital records · California Medical Malpractice Statute of Limitations
Sources
- Health and Safety Code 1363.1 (arbitration disclosure)
- Kaiser Permanente 2026 California enrollment form (arbitration agreement)
- Office of the Independent Administrator, Kaiser Permanente member arbitration
- OIA system description
- OIA Annual Report for 2025
- OIA Rules for Kaiser Permanente Member Arbitrations (amended Feb. 14, 2025)
- Code of Civil Procedure 340.5 (deadline)
- Civil Code 3333.2 (MICRA damages caps)
- Business and Professions Code 6146 (fee limits)
Important: This page is general information about California law, not legal advice, and reading it does not create an attorney-client relationship. Deadlines and damage limits depend on the facts of each case; talk to a lawyer about yours. MICRA amounts are for judgments, awards and settlements in 2026. Last reviewed: November 5, 2026.