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California Supreme Court Discusses Enforcement Of Arbitration Agreements In Nursing Home Cases

September 28, 2025

As a general rule, plaintiffs cannot be compelled to arbitrate their disputes if they have not previously agreed toarbitration. But in Ruiz v. Podolsky (2010) 50 Cal.4th 838 (Ruiz), the California Supreme Court identified an exception for certain wrongful death claims based on medical malpractice. I[...]

Michigan Appellate Court Rules Loss-Of-Services Claim Allowed Under Wrongful Death Act

September 27, 2025

Plaintiff, the personal representative of the Estate of Kenneth Pionk, III, brought a medical-malpractice action alleging that defendants’ negligence caused Kenneth Pionk, III, to die a few days after he was born. Plaintiff claimed, in relevant part, that Pionk’s death caused her to suffer l[...]

Diagnostic Errors In Office-Based Medical Practices

September 26, 2025

Coverys, a national leader in medical professional liability insurance, published a white paper in August 2025 entitled “Hidden In Plain Sight Exposing The Drivers Of Diagnostic Error,” the second in a three-part series, that investigated diagnostic errors or omissions during office-base[...]

Florida Appellate Court Reinstates Nursing Home Negligence Lawsuit That Trial Court Dismissed For Lack Of Detail

September 25, 2025

Cypress Care Center (“CCC”) is the nursing home where Linda Daughtry (“Decedent”) lived for much of March and April. Her estate later sued several defendants, alleging that they operated CCC as a high-census, high-acuity facility without providing commensurate staff. The Estate alleged that [...]

FDA Responds To Evidence Of Possible Association Between Autism And Acetaminophen Use During Pregnancy

September 24, 2025

The U.S. Food and Drug Administration announced on September 22, 2025 that it initiated the process for a label change for acetaminophen (Tylenol and similar products) to reflect evidence suggesting that the use of acetaminophen by pregnant women may be associated with an increased risk of neurologi[...]

Texas Appellate Court Revives Medical Malpractice Case Involving Death Of Infant

September 23, 2025

Grace Okonrende and Chosen Okonrende, individually and as representatives of the estate of Champion Okonrende, brought negligence, gross negligence, wrongful death, and survival claims after their infant son, Champion, died in a hospital’s pediatric intensive care unit. They named as defendants Dr[...]

National Bureau of Economic Research Finds Nursing Homes Strategically Respond To Inspections

September 22, 2025

Nursing Homes In The United States U.S. nursing homes housed more than 1.2 million patients in 2024 and incurred spending of $193 billion in 2022, which is equivalent to one-seventh of the national expenditures on the hospital sector and 4 percent of national medical spending. As baby boomers contin[...]

Texas Cardiologist Agrees To Pay $1.2 Million To Resolve Alleged Controlled Substance Act Violations

September 21, 2025

Dr. Juan Kurdi, M.D., a cardiologist in Lubbock, Texas, has agreed to pay $1,200,000 to resolve allegations that he violated the Controlled Substances Act (CSA) by issuing prescriptions for opioids and other powerful drugs outside the usual course of professional practice and not for a legitimate me[...]

Boston Scientific Warns Of Defibrillation Lead Issue

September 20, 2025

Boston Scientific has issued a letter notifying affected customers that certain ENDOTAK RELIANCE Defibrillation leads with expanded polytetrafluoroethylene (ePTFE) coated coils may impact shock efficacy and/or require early replacement. Boston Scientific ENDOTAK RELIANCE leads are intended for pacin[...]

Study: Physicians With Higher Patient Complaints More Likely To Accept Payments From Industry

September 19, 2025

Patient Advocacy Reporting System (PARS) The Patient Advocacy Reporting System (PARS), developed at the Vanderbilt Center for Patient and Professional Advocacy, is a reporting and intervention system based on unsolicited patient complaints (UPCs). Complaints reported to the PARS include those r[...]

Pennsylvania Appellate Court Affirms Nonsuit During Medical Malpractice Trial

September 18, 2025

In March 2017, Dr. Gregory J. Roscoe, an ear, nose, and throat specialist, performed surgery on Tammy G. Simbeck to remove her right submandibular saliva gland, which is one of the three saliva glands. In the subsequent six weeks, Simbeck regularly reported to the emergency room of the hospital, whe[...]

New Jersey Appellate Court Revives Medical Malpractice Wrongful Death Case Involving 3-Week-Old

September 17, 2025

Plaintiffs sued two hospitals, several doctors, and other medical personnel after the death of their three-week old son, alleging that defendants failed to properly evaluate, test, and treat their infant son during two emergency department visits, resulting in his death from dehydration and an undia[...]

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