Medical Malpractice

Typically, when a hospital or provider receives HIPAA authorization and a patient waives the physician-patient confidentiality of treatment records, the records can be produced to the patient and any third parties the patient authorizes.

LEGISLATIVE ALERT - - - - - - - - - Governor Hochul Signs the Adult Survivors Act, Reviving Time-Barred Sexual Abuse Claims BY: BARBARA D. GOLDBERG, GREGORY A. CASCINO AND RICHARD WOLF On May 24, 2022, Governor Kathy Hochul signed the Adult Survivors Act (“ASA”).

Senior Trial Partner Bruce Habian, Partner Emma Glazer, and Associate Christian McCarthy obtained a dismissal in a hip surgery case venued in Suffolk County.

Partners Gregory Cascino and Karen Corbett previously moved for summary judgment and dismissal of Plaintiff’s claims against MCB’s client, a podiatrist, demonstrating that he did not have any duty of care to the Plaintiff since he did not treat or even meet him.

Senior Trial Partner Thomas Mobilia and Partner Karen Corbett’s motion for summary judgment was granted in Queens County Supreme Court before Justice O’Donoghue.

Senior Trial Partner Daniel Freidlin and Associate Christina Pingaro obtained a defense verdict in Suffolk County Supreme Court in an obstetrician/gynecologist case.

We are pleased to announce that Martin Clearwater & Bell LLP is participating in the Mansfield Rule Certification process on Diversity & Inclusion for midsize law firms for 2022-2023.

Partners Rosaleen McCrory and Daniel Freidlin, and Associate Christian McCarthy obtained summary judgment on behalf of our client nursing facility in a matter involving the development of decubitus ulcers and sepsis.

Senior Partner William Brady and Partner Gregory Cascino previously moved for summary judgment and dismissal of Plaintiff’s claims against MCB’s clients.

Senior Trial Partner Peter T. Crean and Partner Gregory J. Radomisli obtained a Summary Judgment Motion in the Eastern District of New York.

The Firm would like to congratulate Of Counsel, Anthony Chionchio for taking on the role as an Adjunct Professor at Hofstra Law University teaching Foundational Lawyer Skills to 2L students. We are excited for him as he embarks on this new prestigious opportunity.

Senior Partner Kenneth Larywon, and Partners Gregory Cascino and Karen Corbett previously obtained summary judgment on behalf of our hospital client and one of its emergency department attending physicians, which has now been affirmed by the Second Department.

Senior Partners Thomas A. Mobilia and Yuko A. Nakahara obtained summary judgment on behalf of our client cardiologist in a matter pending in New York County.

With ever-increasing pain and suffering awards, unsuccessful legislative attempts to establish caps on damages through tort reform, and expanded statute of limitations, such as Lavern’s Law concerning failure to diagnose can-cer claims, New York healthcare provide

MCB's Spring 2022 Defense Practice Update features.