The New York Law Journal - 2012 and prior

 

• "Current and Potential Application of Statutory Set-Offs" appeared in the New York Law Journal's May 23, 2014 issue.

 

• John L.A. Lyddane and Barbara D. Goldberg's article "The Missing Witness Charge in the Medical Malpractice Trial" appeared in the New York Law Journal's April 11, 2014 issue.

 

• John L.A. Lyddane and Barbara D. Goldberg's article "Excluding Inadmissible Hearsay From Medical Records" appeared in the New York Law Journal's February 11, 2014 issue.

 

• John L.A. Lyddane and Barbara D. Goldberg's article "When Does a Doctor Owe a Duty to a Non-Patient?" appeared in the New York Law Journal's November 15, 2013 issue.

 

• John L.A. Lyddane and Barbara D. Goldberg's article "Entry of Judgment in Wrongful Death Med Mal Cases" appeared in the New York Law Journal's September 23, 2013 issue.

 

• John L.A. Lyddane and Barbara D. Goldberg's article "The Culpable Conduct Defense in Medical Malpractice Actions" appeared in the New York Law Journal's March 20, 2013 issue.

 

• John L.A. Lyddane and Barbara D. Goldberg's article "Protecting the Integrity of the Medical Malpractice Trial" appeared in the New York Law Journal's December 18, 2012 issue.

 

• John L.A. Lyddane and Barbara D. Goldberg's article "Access to HIV Related Information: Statuses in Conflict" appeared in the New York Law Journal's September 7, 2012 issue. The article can be viewed by clicking here.

 

• John L.A. Lyddane and Barabra D. Goldberg's article "Wrongful Death Damages in Medical Malpractice Actions" appeared in the New York Law Journal's May 11, 2012 issue. The article can be viwed byclicking here.

 

• John L.A. Lyddane and Barbara D. Goldberg's article "CPLR Rule 3043- an Anachronism Awaiting Update as CPLR Turns 50" appeared in the New York Law Journal's March 15, 2012 issue. The article can be viewed by clicking here.

 

• John L.A. Lyddane and Barbara D. Goldberg's article "Traps for the Unwary: Defendant's Obligations Under Medicare," recently appeard in Medical Malpractice Law & Strategy. The article can be viewed by clicking here.

 

• John L.A. Lyddane and Ellen B. Fishman's article on "Challenging the Qualifications of Expert Witnesses" recently appeared in the Expert Analysis section of the New York Law Journal. The article which was published on May 11, 2010 can be found by clicking here.

 

• John L.A. Lyddane and Ellen B. Fishman recently provided expert analysis for the New York Law Journal's Medical Malpractice Defense feature section. The article, published on March 9, 2010, was entitled "Managing Sanctions for Spoliation of Evidence." Click here to view article

 

• John L.A. Lyddane and Ellen B. Fishman recently provided expert analysis for the New York Law Journal's Medical Malpractice Defense feature section. The article, published on January 12, 2010, was entitled "The Medical Judgment Defense After 'Nestorowich'." Click here to view article

 

• Senior Associate Brian Noonan published an article in the July 21, 2009 issue of the New York Law Journal, Outside Counsel section. The article discusses New York's reduced overtime provision. Click here to view article

 

• Anthony M. Sola and Ellen B. Fishman recently published an article in the New York Law Journal. The article, featured in the June 1, 2009 Outside Counsel section of the publication discusses the use of literature to impeach an expert witness. Click here to view article

 

• Partner Gregory J. Radomisli has published an article in the Friday, June 20, 2008 issue of the New York Law Journal's Outside Counsel section. The article, entitled "Liability for Off Label Use," discusses the potential for medical malpractice lawsuits to arise when physicians use medicines or medical devices in ways other than that listed on the drug or products label. Click here to view article.

 

• A case tried by Partner John L.A. Lyddane was featured in the March 20,2006 New York Law Journal's"Verdicts for the Defense" section. The case, which was tried by the New York Supreme Court, was listed as part of the publication's "Summary of Notable Results Throughout 2005." In the case, a jury declined to award damages to a man who claimed that he now suffers partial paralysis because of a surgeon's error. Plaintiff claimed that during surgery to relieve compression of his cervical spine, he sustained thermal spinal-cord damage that has left the right side of his body paralyzed. He sued the attending neurosurgeon, alleging failure to use a monitor that would have detected thermal changes. The surgeon claimed that the plaintiff's spinal-cord damage occurred naturally as blood flow returned to the compressed area.

 

• Partner Gregory J. Radomisli has published an article in the August 26, 2005 'Outside Counsel' section of the New York Law Journal. The article, entitled "The Bankrupt Defendant and Article 16 Rights," discusses the effect of a party's bankruptcy on the rights of the defendants to limit their exposure for noneconomic damages pursuant to Article 16 of the CPLR. Click here to view article

 

 

Medical Malpractice Law & Strategy
 

 

• Senior Partner Joseph L. DeMarzo and Senior Associate Dana Parker have published an article in the June 2005 Medical Malpractice Law & Strategy. The newsletter is published by Law Journal Newsletters, a division of ALM. The article, entitled "Nursing Home Litigation and Residents' Rights Statutes," discusses a number of Health Law Statutes and decisions and their relevance to nursing home directors and managers. The article can be viewed online by visitinghttp://www.lawjournalnewsletters.com/pub/ljn_medlaw/

 

The City Law - New York Law School

 

 

• A case decision received by Martin Clearwater & Bell LLP Partner Kenneth R. Larywon was highlighted in City Law Volume 9, Number 4; July/August 2003. The article is a write-up of the decision in "Matter of AB". The City Law is a publication of the New York Law School.

 

 

Legal Manual for Physicians

 

 

• The most recent edition of the Legal Manual for New York Physicians features two chapters authored by partners of Martin Clearwater & Bell LLP. Chapter Eight, entitled "Employment and Supervision of Other Physicians and Nonphysician Health Care Professionals," is authored by partners Nancy A. Breslow, Joseph L. DeMarzo, Kenneth R. Larywon, and John L.A. Lyddane. In addition, Chapter thirty-four, "Duties and Potential Liabilities of Physicians With Respect to Nursing Home Patient Abuse," is written by partners Nancy A. Breslow, Peter T. Crean, Joseph L. DeMarzo, Bruce G. Habian, andKenneth R. Larywon. The Manual is sponsored by the New York State Bar Association's Health Law Section, and is co-published by the Medical Society of the State of New York and the New York State Bar Association. This comprehensive text covers more than fifty topics, and includes major contributions by the Department of Health and other state agencies.