Kaiser Permanente's Kidney Transplant Unit was so poorly managed that California HMO regulators decided to oversee its administration. Kaiser patients have reported considerable delays in obtaining kidneys; delays which are allegedly caused by lost paperwork, poor communication with staff members and problems transferring their seniority from other institutions. Unfortunately, these delays have and will result in serious injuries to Kaiser's patients.

Pain and suffering limitations will likely not apply in kidney transplant cases. California enacted the Medical Compensation Reform Act (MIRCA) in 1975 that, among other things, limited pain and suffering awards against health care providers to $250,000. The damage limitations of the Medical Compensation Reform Act will likely not apply to those who have been injured as a result of Kaiser's alleged failure to properly administrate their kidney transplant service.

California Civil Code S 3428 states that a health care service plan or managed care entity, such as Kaiser, has a duty of ordinary care to "arrange for the provision of medically necessary health care service to its subscribers and enrollees..." California Civil Code S 3428 (j) states that damages recoverable for a violation of this statute are not limited by MICRA.

Practically speaking, this means that for those who lost family members, or were otherwise seriously injured, as a consequence of Kaiser's alleged misadministration of their transplant service, their pain and suffering damages will truly reflect their actual losses and not be limited by the draconian measures of MICRA.

Bostwick, Peterson & Mitchell has settled numerous multi-million dollar cases on behalf of their clients against Kaiser. If you or someone close has been hurt by Kaiser's failure to provide a kidney transplant, contact Bostwick, Peterson & Mitchell online, or at (888) 421-8300, and we will provide you with a free legal consultation.