John L A Lyddane

January 16, 2013 | New York Law Journal

In their Medical Malpractice Defense column, John L.A. Lyddane is a senior partner at Martin Clearwater & Bell, Barbara D. Goldberg, a partner at the firm, write that there are many situations where a hospital can successfully defend against a claim of vicarious liability for a non-employee physician, and that measures clarifying the status of treating physicians may even be taken prospectively in an attempt to limit vicarious exposure.

By John L.A. Lyddane and Barbara D. Goldberg

12 minute read

March 20, 2013 | New York Law Journal

In their Medical Malpractice Defense column, John L.A. Lyddane, a senior partner at Martin Clearwater & Bell, and Barbara D. Goldberg, a partner at the firm, write that while it may not be within the comfort zone of defense counsel to prove an affirmative case while being accused of "blaming the victim," the proper representation of a medical malpractice defendant requires the ability to plead and prove the culpable conduct defense.

By John L.A. Lyddane and Barbara D. Goldberg

15 minute read

September 07, 2012 | New York Law Journal

In their Medical Malpractice Defense column, John L.A. Lyddane, a senior partner at Martin Clearwater & Bell, and Barbara D. Goldberg, a partner at the firm, write that a positive HIV status may have a direct bearing on a plaintiff's life expectancy or the efficacy of treatment for the injuries allegedly sustained, particularly if the plaintiff is non-compliant with a complicated treatment regimen for HIV.

By John L.A. Lyddane and Barbara D. Goldberg

15 minute read

July 24, 2013 | New York Law Journal

In their Medical Malpractice Defense column, John L.A. Lyddane and Barbara D. Goldberg, partners at Martin Clearwater & Bell, write that until that relic of the common law known as the "Dead Man's Statute" is abolished, defense counsel must be prepared to advance arguments as to why it is inapplicable or has been waived, so that the jury is not presented with a one-sided version of the events.

By John L.A. Lyddane and Barbara D. Goldberg

13 minute read

September 23, 2013 | New York Law Journal

In their Medical Malpractice Defense column, Martin Clearwater & Bell's John L.A. Lyddane and Barbara D. Goldberg write: New York has no consistent or coherent methodology whereby a jury award for future damages in a wrongful death medical malpractice case may be converted into a judgment in favor of the estate. Perhaps the time has come for the Legislature to revisit the issue of the statutory interest rate, in order to ensure that damages awarded in such cases indeed represent "fair and just compensation" and not overcompensation that is punitive in all but name.

By John L.A. Lyddane and Barbara D. Goldberg

13 minute read

March 15, 2012 | New York Law Journal

In their Medical Malpractice Defense column, John L.A. Lyddane, a senior partner at Martin Clearwater & Bell, and Barbara D. Goldberg, a partner at the firm, write that from every quarter it is being observed that our system of resolving medical malpractice cases is too costly for the amount of compensation that ultimately flows to the deserving claimant

By John L.A. Lyddane and Barbara D. Goldberg

15 minute read

January 03, 2012 | New York Law Journal

In their Medical Malpractice Defense column, John L.A. Lyddane and Barbara D. Goldberg write: Twenty-five years have now passed since the Emergency Medical Treatment and Active Labor Act was enacted to address the problem of "patient dumping" by hospitals because of an injured patient's financial status or lack of health insurance. While the statute, in recent years, has received much less publicity than in the past, issues concerning its application continue to arise.

By John L.A. Lyddane and Barbara D. Goldberg

15 minute read

December 18, 2012 | New York Law Journal

In their Medical Malpractice Defense column, John L.A. Lyddane, a senior partner at Martin Clearwater & Bell, and Barbara D. Goldberg, a partner at the firm, write that the trial attorneys' obligation to protect the integrity of the adjudicative process is an obligation that stands apart from the obligation to render effective representation of their clients' rights.

By John L.A. Lyddane and Barbara D. Goldberg

13 minute read

May 11, 2010 | New York Law Journal

In their Medical Malpractice Defense column, John L.A. Lyddane and Ellen B. Fishman, partners at Martin Clearwater & Bell, write that all too often, attorneys have been permitted to present expansive opinion testimony by physicians claiming expertise in specialized areas of medicine, even though their active practice was remote in time and subject from the relevant issues in dispute.

By John L.A. Lyddane and Ellen B. Fishman

13 minute read

May 06, 2011 | New York Law Journal

In their Medical Malpractice Defense column, John L.A. Lyddane and Barbara D. Goldberg, partners at Martin Clearwater & Bell, write that concerns over the new Fund, intended to provide funds to pay for the medical needs of children injured at birth, are probably not warranted: there is no reason to expect the administrator to enter the realm of medical decision-making, and it seems that health care providers will not be able to reject Fund assignments.

By John L.A. Lyddane and Barbara D. Goldberg

16 minute read