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Defective Medical Products

Defective Medical Products

Personal Injuries

Dangerous Prescription Drugs

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Beware! Drunk Driving Peaks During the Holiday Season!

Did you know that DUI arrests are at their highest between Thanksgiving and the end of New Year’s weekend? According to the U.S. National Institute on Alcohol Abuse and Alcoholism (NIAAA), 40 percent of traffic-related deaths during Christmas and New

Medical Malpractice: Do you have a case?


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Medical malpractice claims can occur when doctors do not properly diagnose their patients and/or fail treating their patients.  Generally, medical malpractice cases involve suffering injuries because of a doctor’s action or inaction. However, someone can file a claim if doctors do not receive proper consent before treating a patient, or if the medical treatment is improperly documented. One third of medical malpractice claims filed relate to patient deaths and 54% of the claims allege major or significant physical injury due to negligent medical treatment.

You must satisfy certain requirements before filing a negligence claim against your doctor.  First, one must show a doctor-patient relationship between the person filing the lawsuit and the treating doctor. At times, the relationship is difficult to prove if the consulting physician does not treat someone directly.

One must then prove the doctor was negligent and caused harm. Usually, the standard question is if a competent doctor, under the same or similar circumstances, would have been more careful or acted the same. In other words, the doctor’s actions “more likely than not” caused one’s injury or death. It is important to show the injury led to one’s damages such as pain and suffering, excessive medical costs, and loss of income. You cannot file a medical malpractice lawsuit if you did not suffer an injury.

Medical malpractice claims are complex and require expert testimony. An expert’s testimony can show a doctor’s actions were below the standard of care expected from them and therefore they were negligent. The qualifications of an expert vary depending on the state in which one is filing a lawsuit. Also, depending on the state, there may be a limit on the award amount available for the medical malpractice claimant. It is important to file a complaint as soon as possible after an injury to fully exercise your rights as a patient.

If you were injured by a neglectful medical provider, call Kershaw, Cook, & Talley at 916-779-7000 for a free case consultation.

Is there a Cap on Medical Malpractice Liability in California?

You have the right to expect a high standard of care anytime a doctor or healthcare provider treats you. Medical malpractice occurs when a doctor or provider’s negligence of a patient’s treatment causes them harm. Examples include mistakes in treatment or improper diagnoses.  Filing a medical malpractice claim holds the doctor accountable for their actions or inactions.

There is a specific deadline, a certain number of years, for filing any medical malpractice lawsuit against a healthcare provider. This deadline is the statute of limitations. Once the statute of limitations on a case “runs out”, the claim is no longer valid.

California’s statute of limitations to file a medical malpractice lawsuit is 3 years from the date of one’s injury, or one year from the date the injury was discovered or should have been discovered. There are some exceptions to the statute of limitations depending on the status of a minor or on other circumstances of the case.

The Medical Injury Compensation Reform Act (MICRA) of 1975 tried to lower any medical malpractice liability and place a limit on the amount of damages a victim can recover from a claim. Non-economic damages, or damages related to pain and suffering or any loss of enjoyment of life, are capped at $250,000. Depending on the overall settlement amount, there is also a limit on the fees attorneys can recover.

If someone is successful in their medical malpractice lawsuit, they can be paid in full upfront or in the form of periodic payments. Periodic payments are established under California statutory laws, and allow healthcare providers to pay their victims’ awards over time.

If you were seriously injured, due to a doctor’s or healthcare provider’s negligence, call our personal injury attorneys for a free consultation and case evaluation. A personal injury attorney can help victims recover damages for their injuries including medical bills, pain and suffering, and lost income.

Medical Malpractice Lawsuits: Payouts are Up

CBS News reports that, according to a study conducted by physicians from Brigham and Women’s Hospital, paid medical malpractice claims declined by about 56 percent between 1992 and 2014.  The average payout for a successful malpractice claim, however, jumped over 23 percent reaching a high of $353,000 for the 2009-2014 time period.

Dr. Adam Schaffer, lead author of the study, speculates that this change in medical malpractice payouts is due to recent tort reform that placed statutory limits on medical malpractice damages.  The study could mean that, because of the statutory limit on damages, lawyers are less inclined to take medical malpractice cases. The study suggests that the cases lawyers do take, however, are those that might present a bigger payout at the end. This would explain why the overall number of medical malpractice claims went down while the average payout per claim would be expected to rise.

If Schaffer is correct about these trends resulting from tort reform, then tort reform has resulted in a 75.8% reduction in claims against pediatricians between 1992 and 2014 (the largest decline) and a 13.5% reduction in claims against cardiologists (the smallest). Researchers found that the average amount of the payments for medical malpractice claims increased by 23.3%, with claims against neurosurgeons yielding the highest payments and claims against dermatologists yielding the lowest. The number of claims yielding more than 1 million dollars also increased during the time period that the study measured.

While some would like to suggest that the decline in claims could simply be attributed to providing safer care, both Schaffer and Dr. David Troxel, medical director for the nation’s largest physician-owned malpractice insurer, say not so.  Schaffer notes that other studies looking at medical errors have not found trends that mirror the Brigham study and Troxel says the fact that a similar decline occurred in other lines of casualty insurance undercuts the safer patient care theory.

If you or someone you know has been injured in a medical context, and it resulted from a professional failing to meet the ordinary standard of care set by professionals in that practice area, 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.


“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

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