John L A Lyddane

September 14, 2010 | New York Law Journal

In their Medical Malpractice Defense column, John L.A. Lyddane and Ellen B. Fishman of Martin Clearwater discuss the plaintiffs' approach to the theory of recovery and the attention to Article 16 defenses at each stage of preparation.

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

12 minute read

September 02, 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: A well-balanced defense may require the participation of non-party treating physicians, and their presence and testimony at trial could communicate a legitimacy which is not conveyed by either the parties or their expert witnesses. Whether non-party physicians can advance the position of a litigant requires careful analysis by the trial attorney, who needs a solid basis for that analysis.

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

15 minute read

March 31, 2011 | New York Law Journal

In their Medical Malpractice Defense column, John L.A. Lyddane and Barbara D. Goldberg of Martin Clearwater & Bell provide an overview of some of the basic Medicare reporting requirements and offer compliance suggestions. They also address the issue of whether funds should be held, withheld or placed in trust to fund future medical payments.

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

14 minute read

July 13, 2010 | New York Law Journal

In their Medical Malpractice Defense column, John L.A. Lyddane and Ellen B. Fishman, partners at Martin Clearwater & Bell, discuss the interplay between federal bankruptcy proceedings and a state medical malpractice claim. The key point for attorneys to remember is that patients who have received a discharge in bankruptcy may be foreclosed from maintaining a malpractice action, even if that action was not brought until after the patient's bankruptcy proceeding concluded.

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

14 minute read

May 25, 2011 | New Jersey Law Journal

Examining the new Medicare reporting requirements

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

13 minute read

July 01, 2011 | New York Law Journal

In their Medical Malpractice Defense column, Martin Clearwater & Bell partners John L.A. Lyddane and Barbara D. Goldberg discuss potential liability for future payments and the use of a Medicare "set-aside," as well as the recently introduced "SMART" Act, a bill intended to facilitate the process of reimbursing Medicare under the Medicare Secondary Payer Act.

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

11 minute read

January 14, 2011 | 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 defending a case at trial is a time-consuming, expensive, and complicated endeavor. For many reasons, they explain, it should not have to be done twice!

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

12 minute read

November 09, 2010 | New York Law Journal

In their Medical Malpractice Defense column, Martin Clearwater & Bell partners John L.A. Lyddane and Ellen B. Fishman write that securing a professional judgment charge or receiving a missing document instruction may very well color a jury's view of an entire case. Therefore, experienced attorneys will plan ahead in order to take advantage of all possible means of seeking and opposing requests to charge.

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

12 minute read

January 12, 2010 | New York Law Journal

John L.A. Lyddane, a senior partner at Martin Clearwater & Bell, and Ellen B. Fishman, a partner at the firm, write that perhaps one of the greatest challenges to a jury deciding a medical malpractice claim is the fact that almost universally there has been a bad outcome, and it is difficult to evaluate the caregivers' decisions without having the magnitude of the injuries affect the jurors' impartiality.

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

13 minute read

March 09, 2010 | New York Law Journal

John L.A. Lyddane, a senior partner at Martin Clearwater & Bell, and Ellen B. Fishman, a partner at the firm, write that when the ultimate sanction of striking a party's pleadings is employed, the action is not determined on its merits; consequently, there is a natural reluctance to employ the extreme option, when there are lesser options that may be more appropriately applied to a given case.

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

13 minute read