Practice Overview

Martin Clearwater & Bell LLP has provided legal services to the medical community for more than five decades and is recognized by both the bench and bar as a leader in the areas of health care and medical defense. MCB has the distinction of being one of the oldest and largest medical defense and health care law firms in New York. MCB's service to the health care community began when the original firm was counsel to the New York State Medical Society and defended most medical malpractice claims statewide. MCB's extensive experience combined with its philosophy of providing aggressive, high quality legal services in a cost-effective and timely manner, is well suited to handle the ever evolving needs of health care institutions and practitioners. The Health Care Law Practice Group is led by partners with extensive experience in the area of health law and works closely with other Firm attorneys to share the knowledge and experience obtained through its representation of clients in a multitude of health care related areas. The Practice Group deals with a number of related issues, such as those described below.

Credentialing: Although an institution may be entirely justified on the merits in revoking a physician's privileges, unless the process scrupulously adheres to the letter and the spirit of the facility's By-Laws, action taken against the physician will be open to attack during subsequent administrative proceedings or in the courts. MCB works with its hospital clients to ensure that physicians the hospital believes should no longer be credentialed by the institution are evaluated pursuant to the corrective action portion of the By-Laws of the institution. MCB has also successfully litigated credentialing matters in the Appellate Division.

Evaluating Claims of Inappropriate Medical Care: MCB works with its hospital clients to evaluate claims of inappropriate medical care that have been identified during focused reviews. These evaluations have been conducted for the purpose of determining the viability of bringing formal charges against a health care provider under the facility's By-Laws. When it is determined that corrective action should be pursued, MCB works with the hospital to ensure that an appropriate Request for Corrective Action is drafted and that it is supported by sufficient facts to justify the remedies sought.

Evaluating and Updating of Medical Staff By-Laws: MCB has been asked to review and comment on the Corrective Action portions of certain hospital By-Laws. In such cases, the goal is to create a process which provides both the hospital and the physician in question with a fair forum in which the Request For Corrective Action can be decided.

OPMC & OPD Investigations: MCB has extensive experience in representing physicians and other health care professionals in investigations and disciplinary proceedings brought by the New York State Department of Health Office of Professional Medical Conduct (OPMC), and Office of Professional Discipline (OPD). We combine our experience with medical issues, our knowledge of the State disciplinary process, and a long-standing working relationship with the State Department of Health and its counsel in defending our clients in such proceedings.

We seek to maximize our clients' chances of avoiding prosecutions after the investigatory phase, and have been successful in resolving matters through the design of acceptable plans of correction, the skillful presentation of expert opinion, and tactful but aggressive negotiations. Where a hearing is necessary, our extensive experience as trial attorneys in medical malpractice cases has proven helpful in defending allegations of improper care, and in otherwise presenting our medical defenses.

Preventative Law: MCB believes that a primary responsibility in legal representation is to keep clients informed of developments in health care law to prevent litigation and regulatory exposure. The Firm's attorneys work closely with its clients to help identify and avoid potential legal problems. MCB also reprents clients in adversarial proceedigns, such as disciplinary hearings. MCB works closely with its client' in-house legal team, risk management department, personnel and, on occassion, with other outside counsel.

For further information, please contact Michael A. Sonkin, Managing Partner at

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