Brian E. Lee
Brian E. Lee earned his BA from Colgate University and his law degree from Valparaiso University where he was a member of the Law Review. Mr. Lee is rated AV® Preeminent™ Peer Review by Martindale-Hubbell® and is listed in Who’s Who in America and Who’s Who in American Law. He is recognized as a member of the New York Metro SuperLawyers.
Mr. Lee handles appeals and has extensive experience in the defense of medical malpractice, federal civil rights, products liability, and complex general negligence actions.
He regularly lectures to psychiatrists on a variety of risk management topics, has lectured the Association of Hospital Risk Managers on the subject of structured settlements and was a beta tester for the New York State Unified Court System e-courts system.
Recent and Selected Appeals Decisions
McGugan v Aldana-Bernier, 135 S.Ct. 1703 (2015)(successfully briefed in opposition to plaintiff’s petition for a writ of certiorari to the United States Supreme Court)
McGugan v Aldana-Bernier, 752 F.3d 224 (Second Circuit Court of Appeals 2014)(important decision re-affirming principle that a private psychiatrist who involuntarily admits a patient does not engage in state action sufficient to confer federal jurisdiction)
Waggaman v Arauzo, 117 A.D.3d 724 (2d Dep’t 2014)(affirming dismissal of action against Texas physician for lack of jurisdiction)
Schoolcraft v City of New York, 296 F.R.D. 231, 239-41 (S.D.N.Y. 2014)(prohibits plaintiff’s use of deposition videotapes at time of trial)
Scicchitano v Gerstein, 83 A.D.3d 1040 (2d Dep’t 2011)(affirming defense verdict for defendant psychiatrist)
Jacobs v. Mostow, 69 A.D.3d 575 (2d Dep’t 2010) (affirming dismissal of case against psychiatrist in breach of contract action)
Morris v Queens Long-Island Medical Group, 43 A.D.3D 394(2d Dep’t 2007) (case of first impression barring claims for “capitation” negligence)
Recent Articles for the Professions
SAFE Act Assessment Protocol for Psychiatrists, published March 31, 2014
I-STOP requires mandatory review of a patient’s controlled substance prescription history prior to prescribing effective August 27, 2013,published July 22, 2013
Author of HIPAA/HITECH Breach Assessment Protocol for Psychiatrists, and an associated Breach Assessment Tool to ascertain if there has been a Reportable Breach.
Recent Speaking Engagements
May 5, 2017 Risk Management Seminar on The Justice Center and other topics for Psychiatrists, sponsored by PRMS, New York City
April 8, 2016 Risk Management Seminar on Recent Legal Developments for Psychiatrists, PRMS Seminar, New York City
December 4-5, 2014. Risk Management Presentation on E-Prescribing under I-Stop. PRMS Seminar, Pace College, New York City
April 4, 2014 and April 5, 2015: Risk Management Talks entitled: Ten Things to Improve Your Practice Now. PRMS Excess Insurance Seminar, Pace College, New York City.
June 11, 2013: New York’s SAFE Act: Analysis and Guidance for Psychiatrists. Queens County Psychiatric Society.
- Colgate University, 1974
- Valparaiso University, 1976
- New York State Bar 1977
- U.S.D.C. Southern and Eastern Districts of New York 1978
- United States Court of Appeals for the Second Circuit 1992
- United States Supreme Court 2014
- U.S.D.C. Northern District of New York 2017
- American Bar Association
- New York State Bar Association
- New York County Lawyers Association