Our Oakland medical malpractice lawyers have the knowledge and resources to fight for the justice and compensation you deserve. The requirement for arbitration is contained in the contract between the Health Plan and employers who offer Kaiser as an option for health coverage.Signing an arbitration agreement may put the consumer at risk of having a disadvantage during arbitration. In its contract with its members, Kaiser requires the members use arbitration for any claim of medical malpractice. Individuals who are insured with Kaiser Permanente® are required to use binding arbitration in the event of a medical malpractice suit. Yes, the physician can choose to not accept a new patient who does not want to sign the Arbitration Agreement. Does a physician have to accept new patients?