Experienced. Strategic. Trusted by Healthcare Professionals.

Lyons & Associates, P.C., is proud to announce the expansion of our litigation capabilities with the launch of our Medical Malpractice Defense Practice Group, led by a highly respected team of attorneys with decades of experience defending healthcare providers, hospitals, and medical institutions throughout New Jersey and beyond.

A Proven Defense for Healthcare Professionals

Medical malpractice claims are complex, high-stakes, and often emotionally charged. Our attorneys understand what’s on the line—not just financially, but professionally and personally—for the clients we represent.

We provide strategic, aggressive, and compassionate defense for:

  • Physicians and surgeons
  • Nurses and advanced practice providers
  • Hospitals, surgical centers, and long-term care facilities
  • Medical groups and healthcare systems
  • Insurers and risk management entities

Why Choose Lyons for Malpractice Defense?

Extensive Trial Experience

Our team includes seasoned litigators who have successfully tried and resolved hundreds of complex medical malpractice cases.

Deep Medical Knowledge

We work closely with a network of trusted medical experts across specialties to build fact-based, defensible cases from day one.

Reputation for Results

Known for our meticulous preparation and skilled advocacy, we are often able to resolve claims efficiently before trial—while always being ready to go to court when necessary.

Client-Centered Approach

We understand the emotional and professional toll these cases can take. Our attorneys communicate proactively, advise with honesty, and defend with integrity.

Meet The Team

Our medical malpractice group is led by Philip F. Mattia, a veteran defense attorney with with more than four decades of litigation experience in defending the riskiest high-exposure cases, protecting the rights of health care systems, hospitals, urgent care centers, physicians, nurses, physical therapists, chiropractors and other health care professionals in complex medical malpractice lawsuits. The team includes attorneys, paralegals, and support staff who have worked together for years and are now proudly part of the Lyons & Associates, P.C. family.

Defending Your Practice. Protecting Your Future.

If you’re facing a malpractice claim or anticipate litigation, early intervention is critical. The Lyons Medical Malpractice Defense Group is ready to step in, assess the risk, and fight to protect your name, license, and livelihood.

Frequently Asked Questions About Medical Malpractice Defense

What is considered medical malpractice?

Medical malpractice occurs when a healthcare professional (such as a doctor, nurse, or physical therapist) deviates from the accepted standard of care, resulting in injury or harm to a patient. To prove malpractice, the plaintiff must show a duty of care, breach of that duty, causation, and damages.

What should I do if I receive a Summons & Complaint?

If you receive a summons and complaint:

  1. Do NOT ignore it — act immediately.
    A summons and complaint is a formal legal notice that a lawsuit has been filed against you. There’s a strict deadline (often 20–30 days, depending on your jurisdiction) to respond. Failing to respond can result in a default judgment against you.

  2. Notify your malpractice insurance carrier immediately.
    Contact your medical malpractice insurer or risk management department right away. They will assign you an experienced defense attorney and guide you on next steps. Provide them with copies of the summons, complaint, and any related correspondence. Do not contact the patient or their lawyer directly—this can complicate your defense.

  3. Do not alter or add to medical records.
    Never change, add to, or delete anything in the patient’s chart after you’ve been served. Altering records can severely damage your defense and may lead to disciplinary or criminal consequences. Instead: make a copy of the chart for your defense team and preserve the original records exactly as they are.

  4. Gather and preserve relevant information.
    Collect all documentation related to the patient’s care (charts, test results, communications, billing records, etc.). Include emails, call logs, and any correspondence with other providers. Keep this secure—do not share it outside your defense team.

  5. Cooperate fully with your defense attorney and insurer.
    Once an attorney is assigned, work closely and honestly with them. Provide a full, factual account of the events—even if something went wrong. Do not discuss the case with colleagues, staff, or anyone outside your legal team.

  6. Maintain professionalism and confidentiality.
    Avoid posting anything about the case (or the patient) online or on social media. Continue to treat patients professionally—don’t let the stress affect your practice.

  7. Take care of yourself.
    Being sued can be emotionally distressing. Consider peer support, counseling, or physician wellness resources. Remember: a malpractice claim does not mean you committed malpractice—lawsuits often result from poor outcomes, not negligence.

What are common defenses in a medical malpractice case?

Common defenses in a medical malpractice case include:

  • No negligence: The provider’s actions met the standard of care.

  • No causation: The alleged negligence did not cause any injury or harm to the patient.

  • Good Samaritan defense: The care was given in an emergency situation.

  • Contributory or comparative negligence: The patient’s own actions contributed to the harm or outcome.

  • Statute of limitations: The claim was filed too late.

  • Informed consent: The patient was adequately informed of risks and accepted them.

What does standard of care mean and how is it determined?

The standard of care is established by what a reasonably competent professional in the same specialty would have done under similar circumstances. Expert witnesses are typically used to define and explain this standard in court.

How does informed consent protect providers?

Informed consent, when properly documented, shows that the patient was made aware of the risks, benefits, and alternatives, and voluntarily agreed to the procedure—helping defend against claims of negligence related to undisclosed risks.

What role do expert witnesses play in malpractice defense?

Expert witnesses testify on whether the healthcare provider met the standard of care. Defense experts often explain that the provider’s actions were medically reasonable given the situation. A defense attorney may also retain experts to comment on causation or damages to strengthen the defense.

Can a hospital be held liable for a doctor’s malpractice?

Yes. Under the doctrine of vicarious liability, if the doctor is an employee and is found to have been negligent, the hospital can be held liable for the actions of its employee.

How can a defense attorney challenge causation in a malpractice case?

The defense may argue that the patient’s injury was due to an underlying condition, progression of disease, or another intervening cause—rather than the provider’s actions.

What documentation helps in defending against malpractice claims?

Thorough, accurate medical records showing assessments, decisions, informed consent, and follow-up care are crucial. Consistent charting can demonstrate appropriate care and sound clinical reasoning.

What is “res ipsa loquitur,” and how does it affect the defense?

Res ipsa loquitur (“the thing speaks for itself”) may apply when an injury would not normally occur without negligence (for example, leaving a surgical instrument inside a patient). In these situations, the burden may shift to the defense to show that no negligence occurred.

What strategies can help prevent malpractice claims?

The best prevention strategies include:

  • Effective patient communication and empathy

  • Proper documentation and follow-up

  • Adherence to protocols and continuing education

  • Prompt reporting and analysis of adverse events