Kenneth D. Gack, Esq.

T: 415-982-5267
F: 415-982-5287
Professional Liability
Kenneth Gack, Esq. is widely respected for his neutrality, objectivity, and candor in claims of professional negligence, and for his sensitivity in addressing the human element in the pursuit of resolution. References from most of the acknowledged practitioners in this field throughout California, both plaintiff and defense, are available upon request.

He has mediated and arbitrated thousands of matters, with considerable emphasis on claims arising out of the provision of medical care (medical malpractice). These claims include:

Representative Matters

  • Damages allegedly arising from the provision of surgical care, including general, orthopedic, neurological, reconstructive/cosmetic, vascular, urologic, and cardiac procedures. Representative examples include vascular extravasation resulting in death, neurological injuries during orthopedic fixation procedures, impotency occurring after lumbar fusion, death of a patient during surgical suite cosmetic procedure, and retained foreign objects.
  • Elder abuse claims including failure to diagnose, misdiagnosis, and failure to intervene in patient care. These claims typically are for wrongful death and require a familiarity with the statutory provisions applicable to these claims.
  • Failure to diagnose/delayed diagnoses by general practitioners and specialists for a wide variety of progressive conditions. Among these claims include alleged failures in sigmoidoscopy/colonoscopy visualizations; inadequate response and monitoring of blood pressure and kidney output, resulting in kidney failure and dialysis; visualization, monitoring, and treatment for retinal compromise and ocular pressures; cancer monitoring and discovery; and cardiac assessment, investigation and diagnostic claims.
  • Pre-, peri-, and post-natal injuries to both the newborn and the mother, including claims of death to mother or child; quadriplegia, cerebral anoxia, or severe hypoxia, and brain stem injuries necessitating significant supervised lifelong care. These cases frequently require familiarity with the needs of the injured for lifecare planning and the availability of publicly funded programs as adjunct to those plans. Defendants have included hospitals, physicians, midwives, and nursing personnel, involving both private practitioners and public entities. I have helped parties resolve a large number of seven figure claims in this area.

Honors, Memberships, and Professional Activities

  • Board Member, SEE International, 2014
  • Recognized as a "Top Neutral," Daily Journal Top California Neutrals List, 2013
  • Recognized as a ADR Northern California Super Lawyer, San Francisco Magazine, 2006-2013
  • Distinguished Mediator of the Year Award, San Francisco Trial Lawyers Association, 2004
  • President and Board Member, Legal Aid of Sonoma County, 2010-2012
  • Member, Association of Business Trial Lawyers
  • Member, San Francisco Trial Lawyers Association
  • Frequently requested lecturer on ADR and civil litigation
  • Member, American Healthcare Lawyers Association ADR Panel
  • ADR training includes the Advanced Mediation Training Program at the Pepperdine University Institute for Dispute Resolution, the National Association of Securities Dealers and California State Bar ADR Roundtables
  • "Gack's Got the Knack for Settlement," ADR Profile, Daily Journal, August 10, 2012

Background and Education

  • JAMS, 1996-present
  • Private practice emphasizing alternative dispute resolution services, 1994-1996
  • Founding and managing partner, James, Gack, Bernheim and Hicks, Santa Rosa, 1982-1994
  • Judge pro tem, Sonoma County Superior Court, 1983-present
  • J.D., Pepperdine University, 1976
  • B.A., Anthropology, Cal. State University, Dominguez Hills, 1973

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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