The Culpable Conduct Defense in Medical Malpractice Actions

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 while it may not be within the comfort zone of defense counsel to prove an affirmative case while being accused of "blaming the victim," the proper representation of a medical malpractice defendant requires the ability to plead and prove the culpable conduct defense.

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