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New York Medical Malpractice Defense

Experienced Medical Malpractice Defense Lawyers Serving Physicians and Other Providers in New York

Lynette Byrd
Attorney Lynette Byrd
Healthcare Fraud Team Lead
Former Federal Prosecutor
Nick Oberheiden
Attorney Nick Oberheiden
Healthcare Fraud Team
Kevin M. Sheridan
Kevin M. Sheridan
Healthcare Fraud Team
Former FBI Special Agent
Wade McFaul
Wade McFaul
Healthcare Fraud Team
Former HHS-OIG Assistant Special Agent-in-Charge
New York City address – by appointment only:
30 Wall Street, 8th Floor
New York, NY 10005

When facing allegations of medical malpractice, your defense needs to be your top priority. Not only could an unfavorable outcome lead to significant financial liability, but it could also potentially put your license to practice in jeopardy. At Oberheiden P.C., our medical malpractice defense lawyers bring their experience to representing physicians and other providers in New York. If you need experienced defense counsel for a medical malpractice case, we strongly encourage you to speak with one of our senior lawyers right away.

Unfortunately, medical malpractice litigation has proliferated in recent years. Patients have become far less hesitant about pursuing claims against their physicians, and many plaintiffs’ lawyers have built their careers on convincing patients that they can – and should – sue their doctors. But, while medical malpractice claims are becoming more common, physicians and other providers still have the same types of defenses available, and asserting these defenses successfully can result in complete vindication in many cases.

We Defend Physicians and Other Providers Accused of Medical Malpractice in New York

Oberheiden P.C. is a compliance and defense law firm comprised of senior lawyers and consultants who have extensive experience in the health care sector. In addition to handling medical malpractice claims, our lawyers also represent providers in federal health care fraud audits and investigations—including those arising out of allegations of improper medical practices. Several of our senior lawyers previously served as health care fraud prosecutors with the federal government, and we have successfully defended physicians and other providers in all types of civil and criminal litigation in New York and across the country.

If you are being accused of medical malpractice, your choice of legal representation is extremely important. You should not simply rely on your insurance company’s lawyers, but instead engage your own independent legal counsel who will approach your defense with only your best interests in mind. Here are just some of the reasons why physicians and other providers in New York choose Oberheiden P.C.:

  • Our Healthcare Focus – We are well-known for our focus on defending physicians and other healthcare providers. We have successfully represented providers in New York and most other states across the country, and we have a strong track record in medical malpractice litigation.
  • Our Senior Lawyers – Unlike other law firms, we do not have a team comprised primarily of junior associates. Instead, all of the lawyers who represent our clients have senior-level experience. Our lawyers are highly experienced, and several have extensive prior experience as health care fraud prosecutors.
  • Our Client Reviews – While many law firms will tout their own success, what is far more important is what past clients have to say about their own experiences. We have received numerous favorable reviews from clients who routinely recommend us to other physicians and providers.
  • Our Accessibility – As a client of Oberheiden P.C., you will have access to our senior lawyers and consultants around the clock. We will work closely with you throughout your case, and we will be providing you with strategic advice and counsel every step of the way.
  • Our Results for Physicians and Other Providers – Above all, clients choose us because of our results. We are highly respected by our peers for our ability to achieve favorable outcomes for our clients even in extremely difficult circumstances. While no outcome is ever guaranteed, we use our experience to efficiently protect our clients by all means available.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden



Lynette S. Byrd
Lynette S. Byrd

Former Assistant U.S. Attorney


Ellen Comley
Ellen Comley

Senior Counsel


Roger Bach
Roger Bach

Former Special Agent (OIG)

Steven Taylor
Steven Taylor

Healthcare Compliance Consultant

Susan Sage
Susan Sage

Healthcare Auditor

How We Defend Physicians and Other Providers Against Medical Malpractice Claims

Defending against allegations of medical malpractice in New York is a multi-stage process that requires both legal insights and a comprehensive understanding of the medical principles involved. With our senior lawyers’ experience representing physicians and other providers in a broad range of matters, we have the knowledge and capabilities that high-stakes medical malpractice litigation demands.

Our approach to medical malpractice defense involves:

1. Conducting a Thorough Factual Investigation and Legal Analysis

We will conduct a thorough factual investigation, relying on the expertise of experienced medical consultants when necessary. We will examine not only the circumstances underlying the plaintiff’s allegations, but also the plaintiff’s conduct subsequent to the alleged instance of malpractice. Based on the information we collect during our investigation, we will then perform a legal analysis in order to determine the risk level at hand and inform our decision-making moving forward.

2. Assessing All Potential Defenses

We will assess all potential defenses to the allegations against you. While there are many potential defenses to medical malpractice allegations, not all of these defenses will be available in all circumstances. Our senior lawyers will determine what we can do to dispute the plaintiff’s allegations, and we will also seek to challenge the plaintiff’s case on all pertinent technical and procedural grounds. Some examples of the types of defenses we will assess include:

  • No failure to meet the standard of care
  • The “substantial minority” or “respectable minority” defense
  • Lack of causation
  • Assumption of the risk (informed consent)
  • New York’s Good Samaritan law
  • New York’s medical malpractice statute of limitations
  • The plaintiff’s comparative negligence

3. Building a Cohesive and Targeted Defense Strategy

Once we determine which specific defenses we can assert in your case, we will then build a cohesive and targeted defense strategy. We will focus our strategy on efficiently dismantling the plaintiff’s case, and we will work to protect you to the fullest extent possible. Ideally, this will mean avoiding civil liability and professional licensing action entirely.

4. Working Toward a Favorable Pre-Trial Result

Whenever possible, we seek to resolve our clients’ medical malpractice cases favorably prior to trial. Not only is this more efficient and less costly, but it also mitigates against the risk of severe reputational harm. Even if medical malpractice allegations are unsubstantiated, they can still have significant ramifications if made public. Our senior lawyers will work to avoid this result if at all possible.

5. Litigating at Trial if Necessary

While we will seek to avoid trial by all reasonable means available, we will not hesitate to litigate your case in court if this is what it takes to clear your name and restore your reputation in the medical community. All of our senior lawyers have extensive trial litigation experience, and we rely on our consultants and other trusted medical experts to present compelling arguments and evidence in court.

FAQs: Defending Against Medical Malpractice Allegations in New York

Can I Rely on My Malpractice Insurer’s Defense Lawyers, or Should I Seek Independent Legal Counsel?


If you are facing medical malpractice allegations in New York, it is extremely important that you hire your own legal counsel. You need to know that your lawyers have the experience and insights required to defend you effectively, and you need to know that they only have your best interests in mind. While some insurance defense lawyers are very good at what they do, you cannot afford to take chances when it comes to protecting yourself and your ability to practice medicine.

Can a Medical Malpractice Claim Lead to Professional Disciplinary Action By the New York Office of the Professions?


Yes, medical malpractice claims can – and often do – lead to professional disciplinary action by the New York Office of the Professions. This is another reason why it is important to choose your own experienced defense counsel. Additionally, since the legal standards for civil liability and professional discipline differ, avoiding civil liability will not necessarily mean avoiding professional discipline—and this is something you need to take into account when structuring your defense.

When Should a Physician Consider Settling a Medical Malpractice Claim?


You should only consider settling a medical malpractice claim if you are confident that this is the best possible outcome in light of the circumstances at hand. This requires a thorough factual investigation and legal analysis, and it requires a practical and realistic assessment of the risks presented by the plaintiff’s allegations. While settling will be the right choice in some circumstances, in others it can prove to be a costly mistake.

What if I Know I Made a Mistake?


If you know you made a mistake, you should consult with a medical malpractice defense lawyer before you make any decisions about how to move forward. The fact that you made a mistake does not mean that you committed medical malpractice; and, even if you did commit medical malpractice, you could still have a variety of defenses available. With all that you have at stake, you cannot afford to make assumptions or take unnecessary chances. Instead, you should consult with an experienced medical malpractice defense lawyer right away.

Schedule a Complimentary Case Assessment at Oberheiden P.C.

If you are facing allegations of medical malpractice in New York, we encourage you to speak with one of our senior defense lawyers as soon as possible. To schedule a complimentary and confidential case assessment at Oberheiden P.C., call 212-970-9468, or tell us how we can contact you online now.

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defending your medical license
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