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ProfessionalLiability

We represent professionals, including health care providers, lawyers, accountants, realtors, engineers, and architects in claims as well as before the regulatory agencies that oversee these professionals.

Overview

Our Professional Liability Practice Area attorneys have represented virtually every type of professional in malpractice and disciplinary hearings across New York and beyond. The professionals we represent include accountants; attorneys; architects; engineers; insurance agents; corporate directors and officers; and the full range of health care providers, including medical doctors of all specialties; nurses; nurse practitioners; physician assistants; chiropractors; podiatrists; physical therapists; diagnostic providers; home health care agencies; nursing homes; and hospitals.

Our attorneys have litigated and successfully tried to verdict claims against professionals in state and federal courts. We have also represented professionals before the NYS Board of Regents, the Office of Professional Discipline, the Board of Professional Medical Conduct, the Insurance Department, and accreditation boards of health care providers and insurers as well as a wide array of regulatory agencies in New York State.

Our professional liability attorneys serve as designated panel counsel for a variety of prominent insurance companies who insure professionals. In addition, we represent a large, publicly traded, medical-diagnostic company, handling its professional liability claims throughout the Northeast.

Team Members
Representative Experience
  • Successfully obtained summary judgment dismissing a complaint where the plaintiff alleged malpractice relative to provided accounting services.

  • Secured a dismissal of an inmate's deliberate indifference claims against health care providers based on the inmate's failure to allege any municipal policy regarding a defendant-entity and failure to allege any personal involvement of an individual-defendant.

  • Obtained dismissal of an inmate's 14th Amendment claims against health care providers based on the inmate's failure to allege subjective deliberate indifference and failure to set forth a violation of his procedural due process rights.

  • Obtained dismissal of an inmate's claims against health care providers alleging deliberate indifference to medical needs and violations of the US Constitution.

  • Obtained dismissal of an inmate's deliberate indifference claims against health care providers based on the inmate's failure to exhaust his administrative remedies under the Prison Litigation Reform Act.

  • Obtained multiple dismissals of claims from inmates against health care providers for deliberate indifference to medical needs and violating the US Constitution.

  • Negotiated a settlement on behalf of a reputable law firm and attorney for 3 percent of the originally claimed damages after walking away from a mediation in which the mediator had recommended a settlement for a substantially greater value.

  • Obtained a favorable settlement for a client sued in Florida in a complex accounting malpractice case arising from criminal fraud perpetrated by the CEO of a national telecommunications company.

  • Successfully counseled clients regarding addressing and responding to subpoenas in various matters.

  • Successfully obtained a dismissal of a counterclaim for legal malpractice on appeal where the counterclaim plaintiff alleged malpractice related to the representation during and the ultimate settlement of a matrimonial action.

  • Successfully obtained summary judgment where the plaintiff alleged negligence against an assisted living facility client.

  • Obtained a favorable settlement in a malpractice action against a nursing home.

  • Successfully obtained a summary judgment dismissal of a legal malpractice case arising from representation in a commercial transaction.

  • Obtained a favorable settlement in a legal malpractice action against a law firm and individual attorney alleging malpractice related to representation in an underlying commercial transaction.

  • Successfully defended a dentist in a lawsuit by numerous minors alleging fraud and malpractice. 

  • Successfully represented an accounting firm in enforcement actions by the Securities and Exchange Commission (SEC) arising out of alleged violations of securities laws and generally accepted accounting principles.

  • Successfully obtained a summary judgment dismissal of a $1.2 million legal malpractice case arising from collection action.

  • Obtained a dismissal of a lawsuit by a student alleging 17 causes of medical malpractice and intentional torts against a private university and its health care center.

Knowledge

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Press Releases

  • Daniel Coleman and David Hutter Join Barclay Damon

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