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Do I have a medical malpractice case?

Determining whether you have a medical malpractice case requires evaluating the care you received from your doctor, hospital, or nursing home. Malpractice occurs when a healthcare provider fails to follow proper medical standards, causing harm.

Watch: "Do I have a medical malpractice case?" by De Caro & Kaplen, LLP

At De Caro & Kaplen, LLP, medical malpractice attorneys Michael V. Kaplen and Shana De Caro have over 45 years of experience investigating malpractice claims and holding negligent healthcare providers accountable.

Here’s how we determine if you have a case:


Did the Doctor Make a Mistake?

To prove medical malpractice, we must establish:

Did the doctor do something they shouldn’t have?
Did the doctor fail to do something they were supposed to?

We cannot answer these questions until our experienced malpractice attorneys thoroughly review the care you received.

Michael Kaplen, a board-certified civil trial attorney, explains:
"Malpractice cases require in-depth medical and legal analysis to determine whether a healthcare provider’s mistake caused preventable harm."


Reviewing Your Medical Records

The first step in determining malpractice is gathering and analyzing all relevant records, including:

  • Medical records
  • Hospital records
  • Pharmacy records
  • Radiology reports
  • Test results

These documents provide critical evidence about the care you received.


How Do We Determine the Medical Standard of Care and If It Was Violated?

To establish negligence, we must determine whether your doctor or hospital failed to meet the accepted medical standard of care.

Expert Medical Review

We share your records with trusted medical experts who provide an independent opinion on whether malpractice occurred.

After the expert review, we examine:

  • Medical literature, textbooks, and articles
  • Current standards for diagnosing and treating your condition

This process helps us determine whether your healthcare provider followed or violated standard medical practices.

Shana De Caro, former Chairwoman of the Brain Injury Association of America, states:
"Medical malpractice cases rely on expert testimony to establish whether a provider’s actions—or failures—deviated from accepted medical standards."


What Happens Next?

Once we gather all the facts, we:

Assess whether you have a valid malpractice case.
Advise you on how to proceed.
Explain your legal options and potential compensation.


Need Help Determining If You Have a Medical Malpractice Case?

At De Caro & Kaplen, LLP, we guide you through every step of the process—from reviewing your records to consulting trusted medical experts.

Our attorneys have successfully prosecuted medical, hospital, and nursing home malpractice cases for over 45 years. We have the knowledge, resources, and skills to protect your rights and pursue full compensation for your injuries.


Contact Us for a Free Consultation

If you believe you’ve been a victim of medical malpractice, don’t wait. Contact De Caro & Kaplen, LLP today for a free, no-obligation consultation.

We are committed to securing justice and fighting for the compensation you deserve.

If you would like to contact us using our form, please fill out the information below:

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