Attorney Profiles: Partners

Linda J. DeCorato is a founding member and the Senior Managing Partner of DeCorato Sheehan Merolesi & Federico. She is a strategic, incisive and a reassuring force when difficult legal conflicts arise. She combines the expertise of 20+ years defending claims in catastrophic injury litigation and an earlier career as a medical professional and hospital executive with the ability to distill and present complex issues persuasively.

She is an experienced and skilled negotiator and heads the firm’s Matrimonial and Family Law practice. DFMS advises clients regarding divorce, including contested, uncontested, same sex and high net worth cases; equitable distribution; custody and visitation; and pre and post-nuptial agreements.

Ms. DeCorato has skillfully managed the interests of children as their Guardian Ad Litem by appointment of the Surrogate in Family Estate matters. Combined with her nursing experience, she affords children who are in the midst of divorce and custody matters, the highest and most compassionate priority.

As an advisor and advocate, in the firm’s tort practice, Ms. DeCorato litigates malpractice and personal injury claims in cases where her medical knowledge is invaluable in assessing a case. She was a registered nurse for ten years prior to entering the legal profession. Health care executives and boards call on her to advise on risk management, regulatory and compliance issues. Her effectiveness draws on her tenure as director of risk management and quality assurance at a major New York City hospital at the inception of Public Health Law 2805. This law mandates hospital-based risk management quality assurance programs and integrated physician credentialing procedures. Her experience in this position motivated her to attend law school while working full-time.

Her practice areas include litigation of product liability and medical malpractice cases; counseling on compliance with health care law and regulatory requirements including the Stark Law, anti-kickback laws, confidentiality, ethics and patient rights; management of internal federal and state investigations for hospitals, health care facilities and medical practice groups; representation of health care providers in regulatory proceedings, disciplinary hearings and employment disputes; guardianship cases for the elderly and incapacitated; contracts of employment and physician practice contracts, and human resource issues including personnel policies, restrictive covenants and equal opportunity employment.

Litigation of product liability and catastrophic injury cases

Ms. DeCorato defends highly trained medical professionals who often are confronting litigation for the first time, and defends case involving sophisticated medical equipment. She uses her medical knowledge to find the facts within a case that will support her clients’ position, address the legal vulnerabilities and establish the case strategy. Just as importantly, she works with clients to present the record and the science clearly and themselves persuasively with the goal of early, successful resolution.

A current area of focus involves counseling nursing homes and hospitals to limit their liability for cases involving pressure sores. The firm has developed a teaching program to assist facilities limit their risks in this area.
 
Hospital Compliance, Internal Investigations and Regulatory Issues

Ms. DeCorato advises on establishing programs to comply with NYS Department of Health guidelines and NYS Education Law guidelines, including hospital-wide incident identification and reporting. Major hospitals have retained her to serve as their liaison with NYSDOH and CMS during hospital-wide surveys. She has also worked with hospital administrators to prepare the hospital’s Plan of Correction and CMS responses, which have been accepted by both state and federal agencies. She also consults with hospitals to implement Plans of Correction and has been successful in limiting financial penalties for noncompliance. She is skilled at identifying patient quality and risk issues and assisting the organization achieve a non-punitive outcome with the mutual objective of enhanced patient care.

Accreditation, Credentialing and Employment

Ms. DeCorato has successfully represented Nurses, Physicians and EMTs before their respective disciplinary Boards for interviews, informal settlement conferences and hearings. She has assisted professionals obtain and maintain licenses, and has successfully limited disciplinary actions through her attention to the details leading to the disciplinary proceeding, the client’s personal and professional history, the work environment, and the complexities of the professional practice.

Ms. DeCorato practiced as a Registered Nurse for more than ten years in medical, surgical, critical care and nursing education. She was the Nurse Manager for a 52-bed medical surgical unit where she implemented a primary care nursing model to improve the quality of care for patients. Later, she was Director of Risk Management and Quality Assurance for a major City hospital.

She is a member of the City and State Bar Association, the New York State Medical Defense Bar and a member of several state and national professional associations including the American Association of Nurse Attorneys. Ms. DeCorato received the designation as a New York Super Lawyer, by Super Lawyers Magazine for Professional Achievement in the New York metropolitan area 5 years in a row.

• Wagner College, B.S.N. 1976
• New York University, M.A. 1981
• Brooklyn Law School, J.D. 1988

• New York, 1989;
• United States District Courts for the Southern and Eastern District of New York, 1989