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

Summary Judgment affirmed by Appellate Division, Second Department

Partner Anina H. Monte and Senior Associate Gianna Crespo were successfully granted Summary Judgment in the Appellate Division, Second Department on behalf of our client Hospital. The patient alleged that the orthopedic surgeon improperly performed an X-Stop surgical...

Summary Judgment Win in Urology Case

Senior Trial Partner Peter T. Crean, Partners Emma B. Glazer, Kathryn R. Baxter and Associate Gabrielle F. Murray obtained summary judgment in Westchester County on behalf of our client, a urologic surgeon, who plaintiff alleged failed to remove a tumor from the...

Summary Judgment Win in Case Involving Patient Suicide

Senior Trial Partner Michael A. Sonkin and Partner Amy E. Korn were granted summary judgment in the Southern District of New York. This Federal Court case involved the suicide of a physician with a long history of depression and post-traumatic stress disorder who was...

MCB Announces the Promotion of 5 Talented Attorneys to Our Team of Partners!

Martin Clearwater & Bell LLP (MCB) is pleased to announce the promotion of five talented attorneys to our team of partners, effective January 1, 2022. Each has demonstrated outstanding legal skill and dedication to their clients. We appreciate their contribution...

Congratulations, Sean F.X. Dugan

Congratulations, Sean F.X. Dugan It is with great regret but warm wishes that Martin Clearwater & Bell LLP announces the retirement of Senior Partner Sean F.X. Dugan, effective January 1, 2022. In his 42 years of practice at the Firm, Mr. Dugan established himself...

Partner, Yuko A. Nakahara, Receives Martindale-Hubbell’s Highest Rating: AV Preeminent

Congratulations to our Partner, Yuko A. Nakahara for receiving Martindale-Hubbell’s Highest Rating: AV Preeminent! Martindale-Hubbell conducts a thorough review of attorneys who wish to receive a Martindale-Hubbell Peer Review Rating, through a secure online peer...

MCB’s Fall/Winter 2021 Newsletter: Defense Practice Update

MCB's Newsletter Features the Following Articles: Interpreting the COVID Immunity Statute: Lessons from Recent Case Law By: Barbara DeCrow Goldberg & Michael Bastone Recent Clarification of the Scope of Employment Appears to Favor Defendant Employers in...

MCB Congratulates Eight Attorneys on Their Selection to Super Lawyers – New York for 2021

NEW YORK, NEW YORK, October 2021 – Martin Clearwater & Bell LLP is proud to announce that eight Attorneys have been selected for inclusion in the 2021 Super Lawyers listing. Six Partners have been selected to Super Lawyers, along with one Partner, and one Attorney...

MCB Receives 2022 “Best Law Firms” designation

Martin Clearwater & Bell LLP was ranked “Best Law Firms” 2022 by U.S. News & Best Lawyers. Martin Clearwater & Bell LLP is nationally ranked in 4 practice areas, Legal Malpractice Law-Defendants, Medical Malpractice Law-Defendants, Personal Injury...

Register for our Upcoming Client CLE!

Discussion of Current Issues Relative to Medical Malpractice Litigation DECEMBER 9 • 10AM – 12PM Join us for a virtual presentation regarding recent developments, current regulations, and emerging trends in the post-COVID world. Presented by: Michael A. Sonkin, Yuko,...

Let’s Work Together