While our Firm enjoys the distinction of being the oldest and largest medical defense firm in New
York, our practice areas have grown significantly over the decades to include labor & employment, nursing home and aging services defense, professional liability, appellate matters, and more. What truly sets us apart is our depth of talent and stability. All of our senior partners have over 20 years tenure with the Firm, six of those with over 30 years.
MCB has a team of dedicated specialists skilled in the art of appellate advocacy in state and federal courts. These skilled appeals attorneys have worked extensively in every practice area for which MCB is known. In addition, our appellate attorneys are regularly called upon to teach and advise other lawyers in this specialized practice area.
COVID 19 Legal Services
Since March of 2020, New York State, along with the rest of the country, has been grappling with the consequences of the COVID-19 outbreak. From the earliest days of the onset, the newly formed COVID-19 practice group at MCB has been scrutinizing all of the potential legal issues, many of which are unprecedented, that our clients may face during and after the course of this public health emergency.
As dental procedures become more complex and invasive, dentists are coming under greater scrutiny and malpractice claims against them are rising. MCB is a proven leader in the defense of dentists, periodontists, endodontists, prosthodontists, orthodontists, dental hygienists, office assistants and other related professionals in this field for the last century. The Firm’s defense experience extends from informed consent issues of mini-dental implant surgery and failure to diagnose oral cancer to dental procedures such as full mouth restorations.
MCB understands the importance of the expanding landscape of electronically stored information (ESI) and the evolving requirements and burdens faced by its clients. The Firm has experience with the preservation of potentially relevant documents and assisting clients in the most cost-effective way to manage discovery from preservation through production.
Martin Clearwater & Bell LLP has developed a strong presence among firms defending and supervising the defense of general liability and personal injury claims. This practice area benefits from our trial attorneys’ medical knowledge and access to superior medical experts. It has expanded to cover the defense of cases where the damages exposure is severe and the client has real exposure beyond its insurance coverage.
Health Care Law
The evolution of complex Federal and State health care statutes, greater governmental and private insurance company scrutiny of provider billing, and deeper cuts in physician reimbursement rates, coupled with steadfast corporate, tax and public health laws, to name a few, has made the “business” of running a medical practice more challenging than ever before. Martin Clearwater & Bell LLP attorneys partner with their clients to navigate them through the morass of legal requirements and regulations facing hospitals, physician practices and other health care providers.
Labor & Employment
MCB’s Labor and Employment Practice Group primarily represents companies and executives in a wide range of issues arising in the context of employment relationships and partnerships. The attorneys of MCB provide experienced and knowledgeable representation. They advise, educate, and offer creative solutions to their clients to reduce the risk of litigation.
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.
Nursing Home & Aging Services Defense
MCB defends cases against nursing homes and other long-term care facilities, both through insurers and on a self-insured basis. Indemnity payments involving these facilities have increased dramatically in other jurisdictions and this trend has now affected New York.
MCB understands the rigorous training involved in earning a doctor of podiatric medicine degree and that a malpractice claim not only has the potential for financial repercussions, but also to harm one’s professional reputation and license. Our attorneys use their premier experience, legal skills and medical knowledge to ensure the best possible resolution of claims against their clients.
The Firm has experience in defending manufacturers, including those who make ophthalmic instrumentation, metal punch presses, metal fabrications and caskets, bicycle helmets, electrical pumps, ladders and plastic extrusion containers. These cases have been handled from inception through trial and many have included long-term representation of the manufacturer or secondary involvement as part of a medical malpractice case.
MCB attorneys have represented professionals in both State and Federal courts in diverse matters including design and construction controversies, RICO and fraud investigations, mortgage and financing issues, real estate syndication matters and other areas of business and the law, and, of course, underlying medical personal injury claims.
Professional Discipline and Licensing
MCB’s Professional Discipline and Licensing team has extensive experience when it comes to representing healthcare professionals in connection with the Office of Professional Medical Conduct (OPMC) and the Office of Professional Discipline (OPD) investigations.