Barbara D. Goldberg

Partner Barbara Goldberg is noted for several important decisions in the areas of medical malpractice, negligence, workers compensation and labor law, including Arons v. Jutkowitz, 8 N.Y.3d 393 (2007)(holding that plaintiffs could be compelled to authorize defense counsel to conduct ex parte, off-the-record interviews with non-party treating physicians); Lee v. Astoria Generating Co., L.P., 13N.Y.3d 382 (2009)(holding that the plaintiff’s Labor Law claims were pre-empted by the Longshore and Harbor Workers’ Compensation Act); and Castro v. United Container Machinery Group, Inc., 96 N.Y.2d 398 (2001) (adopting strict interpretation of “grave injury” under Workers’ Compensation Law 11).

Other significant decisions include Park v. Kovachevich,116 A.D.3d 182 (1st Dept. 2014) (holding that summary judgment should have been granted in favor of hospital in action where plaintiff alleged defendants overly medicated decedent and failed to properly evaluate and diagnose his condition, leading to premature discharge and subsequent suicide); Hernandez-Ortiz v. 2 Gold, LLC, 170A.D.3d 465 (1st Dept. 2019) (affirming summary judgment for defendants in class action lawsuit alleging that defendants took inadequate precautions to protect apartment buildings from flood damage in advance of Hurricane Sandy); and Longhi v. Lewit, 187 A.D.3d 873 (2ndDept. 2020) (granting summary judgment in favor of orthopedic surgeon in action where patient developed paralysis as a result of epidural abscess and later died, because delay alleged against surgeon was not a proximate cause of the injuries). Ms. Goldberg is also known for her expertise regarding New York’s structured judgment provisions, CPLR Articles 50-A and 50-B, as well as the New York State Medical Indemnity Fund.

Ms. Goldberg is a member of the OCA’s Advisory Committee on Civil Practice. She has published in the areas of medical malpractice, post-verdict practice and appellate practice, as well as lectured at continuing legal education programs and educating industry professionals and attorneys regarding the current CPLR Article 50-A. She has previously served as Chair person of the Appellate Advocacy Committee of the New York County Lawyers’ Association, and is a member of the New York State Medical Defense Bar Association, the Association for Healthcare Risk Management of New York, and the New York City Bar Association. Barbara has been selected by her peers for inclusion in The Best Lawyers in America for Medical Malpractice Law - Defendants; has been rated AV Preeminent by Martindale-Hubbell, their highest rating*; and has been selected to the exclusive New York Super Lawyers list.

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