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.

WHO WE REPRESENT:

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

WHAT WE HANDLE:

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

HOW WE HELP:

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

Motion for Summary Judgment Results in Stipulation of Discontinuance against GYN Oncologist in Action Involving Alleged Failure to Diagnose Recurrence of Ovarian Cancer

Senior Partner Jeff Lawton, Of Counsel Michael Clarke, Associate Evan Schnittman's obtained a successful discontinuance of an ovarian cancer case venued in Supreme Court, Monroe County. Plaintiff alleges that defendants failed to timely and properly diagnose a...

MCB Wins Summary Judgment Motion in High Exposure Cervical Cancer Case

Senior Partner, Michael A. Sonkin, Partner Samantha E. Shaw, and Senior Associate Kathryn D. Blackmer obtained a successful dismissal of a high exposure cervical cancer case on summary judgment.  The case, venued in New York County, involved a patient who underwent a...

Appellate Division Upholds Summary Judgment for Hospital Otolaryngologist and Anesthesiologist

Partners Barbara D. Goldberg and Michael A. Sonkin, assisted by Associate Jennifer Wanner, obtained the affirmance of a summary judgment dismissal on behalf of our clients, a prestigious New York hospital and its attendings, an otolaryngologist and an...

Winter 2020/2021 Defense Practice Update

MCB’s Winter 2020/2021 Newsletter Features the Following Articles: "COVID-19 Legislation: Current Status" By: Thomas A. Mobilia & Barbara D. Goldberg "Mitigating Future Care Medical Damages Involving International Plaintiffs and State-Funded Healthcare Systems"...

Summary Judgment Win on Behalf of a Leading Otolaryngologist in a Medical Malpractice Action

Senior Partner, Jeff Lawton, and Associates, Jennifer Wanner and Brian Kim, obtained a discontinuance on behalf of an otolaryngologist in Supreme Court, New York County after her summary judgment motion went unopposed by the plaintiff. Plaintiff’s counsel has...

Dismissal on Behalf of Client Oncologist: The Little Things Make A Big Difference

Senior Partner, Michael A. Sonkin, Partner Gregory J. Radomisli, and Associate Jacob H. Lisogorsky obtained a dismissal on behalf of our client doctor in Supreme Court, Kings County.  The matter involves boilerplate allegations that our client negligently failed to...

MD News: How to Address the Medical Malpractice Pitfalls Associated with Diagnosing Ovarian Cancer

By Peter T. Crean, Esq. and Michelle A. Frankel, Esq. According to the Centers for Disease Control and Prevention, ovarian cancer is the second most common gynecological cancer and causes more deaths than any other female reproductive cancer. Ovarian cancer diagnosis...

Summary Judgment Win in Postoperative Stroke Case

Senior Partner Peter T. Crean and Associates Emma B. Glazer and Alexander C. Cooper, successfully obtained dismissal of all claims against our client Hospital and individually named doctor in a Bronx County action. The case involved a man, who underwent a partial...

Summary Judgment Win on Behalf of Leading New York Hospital and Staff in Action Involving Allegation of Failure to Diagnose Breast Cancer

Senior Partner William P. Brady, Partner Gregory J. Radomisli, and Associate Jennifer M. Wanner obtained a summary judgment dismissal on behalf of our clients, a leading New York Hospital and its staff, in Supreme Court, New York County. Plaintiff, a then 32 year old...

Summary Judgement Win on behalf of Radiologist Clients in Medical Malpractice Action

Senior Partner Anthony M. Sola, Of Counsel Anthony M. Chionchio and Associate Maria Stavrakis obtained a summary judgment dismissal on behalf of our client radiologists and radiology practice group in Supreme Court, Queens County. In this matter, plaintiff alleges...

Let’s Work Together