Award Badges

We focus on the following cases:

Defective Medical Products

Defective Medical Products

Personal Injuries

Dangerous Prescription Drugs

Class Actions

Breaking News:

I was Injured by a Drunk Driver, What do I Do?

  America has a drinking problem. Alcohol related deaths are the fourth leading preventable cause of death in the United States; and every two minutes, a person is injured in an alcohol related crash. Although drunk driving is a crime

 Mandatory Arbitration Restricted for Nursing Home Claims

hands-of-seniors-7069a131e5e200ee

A new rule announced earlier this week by the Centers for Medicare & Medicaid Services could be the most significant change to rules governing federal funding of nursing homes in 20 years. The regulations, set to go into effect on November 28, ban pre-dispute binding arbitration clauses in nursing home contracts. Section §483.70 of the Code of Federal Regulations will be changed to implement the following:

Binding Arbitration Agreements: We are requiring that facilities must not enter into an agreement for binding arbitration with a resident or their representative until after a dispute arises between the parties. Thus, we are prohibiting the use of pre-dispute binding arbitration agreements.

This change seeks to restore a fundamental right of millions of elderly Americans — the right to have their day in court. Like many consumer and employment contracts involving arbitration clauses, including these clauses as a prerequisite to admission catches many elderly signees off guard at a time when they have little realistic choice or ability to comprehend the contract’s consequences. To be clear, parties will still be able to elect to use arbitration after a dispute arises should they decide it is the best method for resolving their dispute. But, pre-dispute, binding arbitration contracts will no longer be permitted.

Specifically, the rule applies to facilities that receive money from Medicare or Medicaid, and will withhold federal funding from any nursing home that continues to require that its residents resolve any dispute in arbitration. Nearly all of America’s 15,000 long-term care nursing homes and their 1.5 residents will be affected.

In addition, the bill introduces new requirements aimed at improving the quality of care and reducing unnecessary hospital re-admissions at nursing homes. For example, nursing homes will be required to provide “nourishing, palatable” food and develop a care plan within 48 hours of each resident’s admission to the facility.

This overhaul comes after two especially severe cases highlighted the ability of arbitration proceedings to conceal patterns of abuse and other wrongdoing, spurring officials from 16 states to advocate for the change. The cases involved a 100-year-old woman who was strangled by her roommate and a 94-year-old woman who had died at a nursing home from a head wound. The confidentiality of arbitration proceedings, extremely limited ability to appeal and lack of public database to record outcomes are only a few of the troubling aspects of arbitration.

If you have questions about an elder abuse, sexual harassment, wrongful death or other claim related to nursing home procedures, please contact our office.

Defective & Dangerous Products

Chicago Medical Malpractice Lawyers

The attorneys at Kershaw, Cook & Talley successfully represent consumers in lawsuits against manufacturers and companies involving defective products and product recalls. Our experienced trial attorneys recover thousands of dollars on behalf of injured individuals in cases involving defective medical devices, dangerous drugs, car defects and more.

Referring Attorneys

Best Chicago Medical Malpractice Lawyers

At times, attorneys require further expertise and resources, legally and financially, to resolve a legal matter. We have the team, capability and dedication to handle challenging cases. If you have a case exceeding your resources with respect to workforce or experience, consider contacting our firm. We welcome referrals from firms in Sacramento and throughout the United States.

Our Services

Medical Malpractice Lawyers, Kershaw, Cook & Talley

We provide free case consultations. If you, or a loved one, suffered an injury due to another’s negligence or wrongful conduct, call our firm. We will examine your individual situation and explain your legal rights. Our attorneys have extensive experience representing injured individuals, in both jury trials and settlement negotiations.

Personal Injury Attorneys, Personal Legal Service.

Kershaw, Cook & Talley is a Sacramento law firm founded on the principle of helping our clients through personalized legal services. With this philosophy, Kershaw, Cook & Talley has garnered a statewide and national reputation for providing outstanding legal representation and obtaining significant compensation for our clients.

Nationally Recognized Personal Injury Law Firm.

We understand personal injury cases are often emotionally and financially straining. Our team of top personal injury attorneys in Sacramento is committed to seeking justice for individuals injured as a result of another's negligence or intentional misconduct. At Kershaw, Cook & Talley, our experienced personal injury attorneys will hold the responsible parties accountable for their actions.

CLIENT TESTIMONIALS

“Bill and Stu worked expeditiously to get my hip claim resolved.
I couldn’t believe how personable they were and easy to contact.”

-S. Thomas

“Stuart helped me with a case involving a defective hip replacement. He was incredibly responsive to my calls and concerns and really kept me updated on what was going on in the litigation. Even though his office was not in my hometown, he actually flew out to meet with me. He was incredibly knowledgeable about the case and really helped me through a very difficult time.”

-Personal Injury Client, as seen on AVVO

See More Testimonials
Web Statistics