Martin Clearwater & Bell LLP has established its reputation with the bench and bar for its longstanding defense of New York’s premier teaching hospitals and physicians in complex high-exposure cases in many practice areas. The Firm is proud to have four of its Senior Partners again listed this year in New York’s Best Lawyers and to have earned the honor of a Top-Ranked Law Firm by Martindale-Hubbell.
What distinguishes MCB from other defense firms is the talent, experience and stability of its partnership. This is evident in the fact that 11 of the Firm’s 17 senior partners have in excess of 30 years experience, with the others having at least 20 years experience, defending lawsuits in state and federal courts, state departmental agencies, and tribunals. Four of the Senior Partners Bruce G. Habian, John L.A. Lyddane, Anthony M. Sola, and Peter T. Crean—have been elected as fellows of the American College of Trial Lawyers. The level of experience and service to the Firm’s clients translates into consistent jury trial successes and accurate and realistic analyses of risk assessment.
What makes MCB unique in the defense of medical malpractice cases is that the Firm’s attorneys have superior trial skills coupled with exceptional knowledge of the underlying medical and legal principals and procedures. The attorneys understand and coordinate the best approach to the often conflicting issues that are characteristic of this type of litigation. The depth and breadth of medical knowledge is focused on obstetrics, neonatology, neurosurgery, radiology, orthopedics, podiatry, ophthalmology, cancer/oncology, cardiac surgery, general surgery, infectious disease, internal medicine, bariatric surgery, and emergency medicine. The Firm’s experience extends into perinatal and obstetrical morbidity and mortality, wrongful death and wrongful life, brain injury, disfigurement, paralysis, psychiatric disorders, vicarious liability, and systemic practices of health-care organizations and medical education. The Firm’s Partners routinely counsel at hospital grand rounds, medical specialty conferences, and bar association programs.
"We have long depended on MCB’s experience and results in complex medical and health-care matters and now rely on its expertise in other practice areas.” —Senior Associate General Counsel of a Major University Medical Center
In response to the fast-growing development in litigation involving electronically stored information, MCB has cultivated an expertise in e-discovery. Recently, the Firm has spearheaded the e-discovery preservation, review, and production of millions of pages of documents in a complex multiparty litigation. MCB’s experience with e-discovery from preservation to production and familiarity with the ever-changing legal demands allows us to advise our clients on how to comply with discovery in the most costeffective manner.
MCB’s extensive experience in defending traditional medical malpractice claims has led to its prominence in the defense of nursing homes and other longterm care facilities. The Firm works to anticipate aggressive discovery tactics and formulate a proactive defense in each case. MCB also defends dentists in cases involving oral surgery, failure to diagnose oral cancers, dental restorative work, cosmetic dentistry, pediatric and adult orthodontic cases, and periodontal and endodontic cases.
The Firm’s practice extends to other professionals, including attorneys, architects, and accountants in professional liability cases. Partners counsel clients in physician discipline and credentialing matters, as well as management in employment law matters. These professionals turn to MCB when protecting their reputation—ensuring the best possible outcome is the only option. The Firm acts as trial counsel in professional liability matters in both federal and state courts, and it also handles all of the related appellate practice.
MCB assists physician groups in developing comprehensive risk management policies, and it provides personalized and consistently high-quality representation to group practices’ professional legal needs. One of the Firm’s Senior Partners has served as the State Chairperson of the Professional Discipline Subcommittee of the Health Law Section of the New York State Bar Association. The Firm also counsels physicians, group practices, and independent practice associations (IPAs) in health-care compliance, and it represents clients in regulatory investigations and Medicare/Medicaid billing audits.
MCB has a team of dedicated specialists who are skilled in the art of appellate advocacy in state and federal courts and who have helped to shape law in New York. The team recognizes that a successful appeal begins at the pre-trial motion or trial level, and members of the appellate department work closely with other litigators at each stage of the proceedings to frame key issues, advance the most persuasive arguments, and ensure that issues are properly preserved for appellate review. This collaborative process continues through the post-verdict and appellate phases of the litigation, as our appeals attorneys offer objective advice and analysis and then assist in preparing dispositive motions, as well as appellate briefs.