Wrongful Death Medical Malpractice

Question

My Mom was killed by Kaiser, I have the hospital report. She died from sepsis but was on dialysis. They were giving her contraindicative drugs, treating her for diabetes, which she did not have and she told me they were giving her "fake" dialysis. When I went to the clinic where she had dialysis they confirmed this from the report. Your site says to share my research but it is too lengthy for this limited space. Suffice to say I have done my due diligence on the health issues.

I dropped the ball at arbitration for an extremely good reason and no showed. I lost with prejudice. I am not bound to the Kaiser arbitration rule as I am not the insured. Can I still sue them in court? What is the statute of limitations on wrongful death?

Answer 1

The statute of limitations is 3 years from the injury.

If you were to sue in court, you would sue as a representative of the estate of the deceased on behalf of surviving relatives. The principle is that you are representing the interests of the victim, so you inherit the legal obligations of the victim, in particular the obligatory arbitration clause. In the US, arbitration clauses are binding (the California law against mandatory arbitration in employment contracts is both irrelevant and legally unlikely to survive, given superseding federal law). Although individuals might, through their lawyer, negotiate a settlement or gain an arbitration award, that does not help you. When a matter is dismissed with prejudice, it means that you cannot ever file the case again.