For Attorneys

A referral is one of the greatest compliments that can be paid to any lawyer, as it signals one lawyer’s trust in the skills, experience and integrity of another lawyer.  Doolan Platt & Setareh, LLP enjoys the privilege of working with attorneys around the country and New York State who refer personal injury and medical malpractice cases to the Firm for investigation, prosecution and trial.

Our practice is dedicated to plaintiffs. We have decades of experience representing victims, many of whom are elderly, and have suffered abuse or neglect in nursing homes, hospitals, assisted living facilities and home care settings.  If you have a client you would like to refer to us, we would be happy to speak with you to about a referral arrangement that best suits your client’s needs and your degree of involvement in a case.

  • Some referring attorneys are hands-on.
  • Others wish only to be present at critical stages of the case.
  • Still others wish to have no involvement after execution of the retainer and fee-sharing agreement.

The extent of your involvement, including whether you wish to partake in strategy sessions, motion drafting, discovery, depositions, expert meetings, pretrial conferences and trial, is entirely up to you.

Referral fees are protected and paid pursuant to the New York Lawyer’s Code of Professional Responsibility.  Referring attorneys are kept current regarding case progress.  To discuss the details of cases involving medical malpractice, nursing home abuse or neglect, assisted living facility abuse or neglect, hospital injuries, home care abuse or neglect, auto accidents or other personal injury case, please do not hesitate to contact us at 914-478-8900.

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PUNITIVE DAMAGES

by Jason Platt, Esq.

Recovering money for punitive damages is one of the many ways in which we at DPS distinguish ourselves from other law firms who practice in the area of nursing home abuse and neglect.
When one thinks about a lawsuit for injuries, including abuse and neglect, one thing that comes to mind is compensatory damages, including money damages to compensate a person for pain and suffering, lost earnings, and medical bills. These damages are recoverable even after the injured person has passed away.

However, there is also the concept of punitive damages. In addition to compensatory damages, punitive damages are money damages that a plaintiff in a lawsuit can recover which are based upon the behavior of the defendant. Punitive damages are designed to punish the defendant for bad behavior or bad acts and to deter the defendant and others like the defendant from bad behavior in the future. In a nursing home, hospital, assisted living, or home care case, gross neglect and/or fraud may result in a finding of punitive damages.

The law in every State, including New York State, makes punitive damages very difficult to recover in injury cases, including nursing home cases. In fact, it is extremely rare.
However, we are one of the very few law firms in New York State to have success making punitive damages part of a nursing home case. Moreover, we are the only law firm to do it in numerous cases. For example, in Ruscoe v. Champlain Valley Physicians Hospital Medical Center Skilled Nursing Facility, we obtained a punitive damages award of $800,000.00 for a medication error that resulted in a nursing home resident’s death. In two other nursing home cases, the Judge decided to allow us to present punitive damages to the jury. In both cases, the nursing home resident fell and sustained a fractured hip with surgery and in one, the resident also developed pressure ulcers (bedsores). Because punitive damages were part of the cases, they settled for substantially higher amounts of money than they would have, if punitive damages were not in the cases. In an even more rare occurrence, the Judge has allowed us to present punitive damages against a hospital where the patient developed pressure ulcers.

Rest assured, in every case, we call the nursing home or hospital out on its behavior and make it a focus of the case, so that justice may be served for our clients and their families, and so that the same things do not happen to other members of the community in the future.

Jason@dpsattorneys.com
914.478.8900