Medical Malpractice




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Martin Clearwater & Bell LLP has developed its reputation as New York’s premier medical malpractice defense law firm by defending the interests of health care professionals in malpractice suits for 100 years. The Firm is called upon by many of New York’s largest hospitals and prominent physicians to handle high exposure cases, often those that have signifi cant media coverage. The Firm also successfully defends malpractice claims for nursing homes, physician group practices, health care organizations and other health care providers, including psychiatrists and psychologists. 


MCB’s attorneys have specialized knowledge in all medical fi elds, allowing them to understand and coordinate the approach to the conflicting medical issues which are characteristic of this type of litigation. The Firm’s attorneys understand that in order to properly defend medical malpractice cases, they must not only be familiar with the legal issues involved, but have a thorough understanding of the underlying medicine and procedures. The depth and breadth of knowledge focuses on areas such as obstetrics, neonatology, neurosurgery, radiology, orthopedics, podiatry, ophthalmology, oncology, cardiac surgery, general surgery, infectious disease, internal medicine, bariatric surgery and emergency medicine, among others.


The Firm’s experience also extends into perinatal and obstetrical morbidity and mortality, wrongful death and wrongful life, lack of informed consent, brain injury, disfigurement, paralysis, psychiatric disorders, vicarious liability and systemic practices of health care organizations.


The Firm’s practice provides needed support to risk management departments, quality assurance programs, licensing and disciplinary committees, investigations by the Department of Health and medicolegal presentations for hospital management.  


In addition to traditional medical malpractice defense, the Firm has the ability to provide advice and management in health care crisis situations. MCB has experience handling mass patient exposures, conduct of impaired professionals and related crisis situations. These crises require immediate management of legal issues, health issues and media exposure.



MCB Result: Defense Verdict.


MCB trial partner obtained a unanimous defense verdict in New York County in a case where plaintiff claimed improper obstetrical management involving a 24 – 25 week extremely premature fetus. There were allegations of ominous fetal heart tracings, and significant head bleeds that were related to oxygen deprivation. The defense capitalized on excellent umbilical cord gases that supported the issue of proper oxygenation levels. In addition, early gestation neuro anatomy provided evidence of immature brain structure at risk for hemorrhage – all related to neonatal morbidity and permanent disabilities. A full complement of maternal/fetal, neonatal and pediatric neurology experts were produced by the defense given the sophisticated subject matter.

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