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The Growing Trend of Mediating Medical Malpractice Cases What You Need to Know




Approved for CLE credit in: AK,AZ,CA,ME,MO,ND,NJ,NY,WV

Time was, your malpractice case, if it settled at all, settled in the judge's chambers on the eve of trial or even later. No more! A growing number of malpractice cases are being submitted to mediation, to the advantage of plaintiff and defendant alike. Learn the intricacies of an aspect of the practice that you cannot afford to ignore. In this dramatic program, featuring a Supreme Court Justice, a certified mediator and prominent claims representatives, you will learn:

  • How and why mediation can work for you
  • When mediation is, and isn't, warranted
  • How mediation works
  • How to get your case mediated
  • How to prepare and conduct a mediation Mediation do's and don'ts

    This program was recorded in New York on January 23, 2008.

  • Provided By: New York City Bar

  • Introduction
  • Sample Case #1: Failure to Timely Treat Breast Cancer
  • Sample Case #2: Neurologically-Impaired Infant
  • Practical Considerations

  • CLE Credit Information

    Click on the state abbreviation to find the CLE Credit Information for your state.

    This program is has been approved for credit in AK,AZ,CA,ME,MO,ND,NJ,NY,WV

    Experienced attorneys only (non-transitional)

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    Panelist Biographies


    Deputy Counsel
    NYC Health & Hospital Corp.

    Jesse S.Waldinger

    Waldinger Associates PC

    Jesse S. Waldinger, previously chair of the Committee on Medical Malpractice, has dedicated his 35-year legal career to prosecuting medical malpractice cases. Formerly a partner at Kramer, Dillof, Tessel, Duffy & Moore and then at Bodner & Waldinger, he is presently the principal at Waldinger Associates, a malpractice firm based in Garden City, and has offered his services to the bar as a medical malpractice consultant. An occasional lecturer and writer, Mr. Waldinger is the author of The Knights of Mary Phagan, a dramatization of the Leo Frank trial.

    Robert Vilensky

    Ronemus & Vilensky

    Joyce Morin Utz

    Radna & Androsiglio LLP

    Joyce Morin Utz is a lawyer at Radna & Androsigilio, LLP as well as a registered nurse and represents plaintiffs in litigation in the specialty areas of medical malpractice, premises liability, personal injury and civil rights. After graduating magna cum laude from Georgetown University with a Bachelor of Science degree in Nursing, she earned a Juris Doctorate degree from Georgetown University Law Center as a Public Interest Scholar. She presently serves on the Center's National Alumni Board. Ms. Utz has lectured frequently in the area of medical malpractice for the Continuous Legal Education division of the Association of the Bar of the City of New York, where she served as Chair of the Medical Malpractice Committee from 1997-2000. Joyce Morin Utz practices in federal and state courts, and is admitted to the Bar of the Supreme Court of the United States.

    Jacqueline Stein

    Executive Claims Counsel
    NYC Health & Hospital Corp.

    HON. DouglasMcKeon

    New York State Supreme Court Justice
    Bronx County

    Patricia Luca

    Platzer Luca & Pearl, LLP

    Patricia A. Luca is a member of the New York law firm Platzer Luca & Pearl, LLP. Her practice areas include medical malpractice and general liability. She is a member of the New York City Bar Association and currently sits on the Medical Malpractice Committee and the Committee on Bioethical Issues. She is the Chair of the subcommittee on continuing legal education for the Medical Malpractice committee. Ms. Luca is also a member of the American Bar Association and is currently Vice-Chair of the subcommittee on continuing legal education for the Medicine and Law committee. Most recently, she was admitted to the Roll of Solicitors in England and Wales and is a member of the International Law Society of England and Wales.

    Jeffrey Kimmel

    Salenger, Sack, Schwartz & Kimmel

    Ross N.Herman

    Claims Bureau Counsel
    New York State Attorney General's Office

    Ross N. Herman is Claims Bureau Counsel in the Office of New York State Attorney General Andrew M. Cuomo. In that position, he is the legal advisor to the Chief of the Claims Bureau. The Claims Bureau defends the State of New York against medical malpractice and tort claims. From 2005-2007, he was the Chief of the Medical Malpractice Section in the Claims Bureau and from 2001-2005 he was a trial attorney in the Medical Malpractice Section. In 2003, he received a Louis J. Lefkowitz Memorial Award from Attorney General Eliot Spitzer for outstanding service to the Attorney General's Office. Before joining the Attorney General's Office, he was engaged in private practice in New York and New Jersey. He is a Magna Cum Laude graduate of the Benjamin N. Cardozo School of Law, where he was a Jacob Burns Scholar and a member of the Law Review. He also holds a Masters Degree in the History of Religions from the University of Chicago. He received his B.A. Summa Cum Laude from Hobart College.


    MD JD
    Gair Gair Conason Steigman & Mackauf


    Harley Associates, Inc.

    Kenneth Grundstein

    Senior Counsel
    New York City Health & Hospital Corporation

    Robert Androsiglio

    Radna & Androsiglio LLP

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    The Growing Trend of Mediating Medical Malpractice Cases What You Need to Know



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