Medical Malpractice

Brimming with talent and expertise that has been the model of the industry for more than 100 years, MCB has earned its reputation as the premier medical malpractice defense firm across tri-state area. Our Firm was also designated by U.S. News – Best Lawyers® “Best Law Firms” in 2020 as a Tier 1 firm in New York City in three practice areas, including Medical Malpractice Law.

Bottom line – if you have been sued for medical malpractice claim, look no further than Martin Clearwater & Bell LLP.

MCB’s attorneys have specialized knowledge in all medical fields, 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.


Our clients include hospitals, physicians, nursing homes, physician group practices, health care organizations and other medical professionals, including psychiatrists, psychologists, podiatrists and chiropractors.


The majority of the Firm’s Partners are part of its Medical Malpractice defense team. The resulting decades of experience and knowledge are brought to bear in the defense of all varieties of medical malpractice cases. Specialties of particular focus include obstetrics, neonatology, neurosurgery, radiology, orthopedics, podiatry, ophthalmology, oncology, cardiac surgery, general surgery, psychiatry, infectious disease, internal medicine, bariatric surgery, emergency medicine, pain management and anesthesiology.

Due to the sheer volume of electronically stored information (ESI), MCB also has in-house experts in electronic document review to provide critical research and analysis in these data-intensive medical malpractice cases.

Our attorneys:

  • Proactively advise risk management and quality assurance departments, and licensing and disciplinary committees
  • Aggressively defend malpractice claims by demonstrating that the medical care met the standard of care, that the care and treatment was not a substantial factor in causing injury, that the plaintiff’s own conduct contributed to their injuries, and that the plaintiff’s expert’s opinions are not reliable, as well as other defense strategies.
  • Pursue alternative resolution strategies where appropriate.
  • Provide advice and management in health care crisis situations
  • Offer “on call” services to its hospital clients to manage emergent legal issues as they arise, day or night


Our stellar medical malpractice attorneys have confronted every type of malpractice claim conceivable, involving the full spectrum of medical specialties and subspecialties. We have handled many cases with high damages exposure, including some with significant media coverage.

Examples of medical malpractice claims that we have successfully defended against include:

  • Wrongful death and wrongful life
  • Lack of informed consent
  • Brain injury
  • Disfigurement
  • Paralysis
  • Psychiatric disorder
  • Vicarious liability
  • Failure to diagnose or misdiagnosis
  • Misreading or ignoring laboratory results
  • Surgical errors, unnecessary surgery, or wrong site surgery
  • Improper medication or dosage
  • Premature discharge and/or poor follow-up care
  • Improper/incomplete documentation
  • Failure to order appropriate tests

Related Insights

MCB Sponsors Medical Practice Leaders Conference at Platinum Level

We are proud to sponsor the New York Group Management Association‘s Medical Practice Leaders Conference! With healthcare ever-changing, a key element for medical practice leaders is to "stay ahead of the curve". Click here to visit their site!

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On Wednesday, September 30, 2020 Senior Partner Kenneth R. Larywon and Of Counsel Michael C. Clarke were guest speakers at the 2020 New York State Society of Physician Assistants (NYSSPA) Leadership Conference, and presented to the Conference An Introduction to New...

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On Friday, September 25, Partner Jacqueline D. Berger was a guest presenter for the second year in a row at Flushing Hospital Medical Center - Department of OB/GYN. Jackie's presentation was on Mitigating Legal Exposure in OB/GYN Cases. Jackie's presentation to...

MCB Summary Judgment Win in ENT Surgery Case

Senior Partner Peter T. Crean and Senior Associates Emma B. Glazer and Nicole S. Barresi won on summary judgment on behalf of our ENT client physician before Judge Rakower in New York County. This case involved a 62 year old retired police officer who presented to our...

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