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How to prove a malpractice suit?

Proving medical malpractice requires a thorough and detailed investigation into the care you received.

Watch: "How to prove a medical malpractice suit" by De Caro & Kaplen, LLP

At De Caro & Kaplen, LLP, our experienced medical malpractice attorneys Michael V. Kaplen and Shana De Caro have successfully handled medical negligence cases for over 45 years. We analyze records, consult experts, and uncover errors to hold negligent medical providers accountable.

Here are the key steps we take to prove a medical malpractice case:


Step 1: Obtaining Medical Records

The first step in proving malpractice is gathering all relevant medical records, including:

  • Medical records from the doctor, hospital, or nursing home.
  • Hospital records, if treatment occurred in a medical facility.
  • Pharmacy records to review medication prescriptions and errors.
  • Radiology and test results to examine misdiagnoses or delayed treatment.

These records serve as the foundation for understanding what happened and what went wrong.

Michael Kaplen, a board-certified civil trial attorney, explains:
"Medical records tell a critical story—what doctors did, what they failed to do, and whether their actions met the standard of care."


Step 2: Reviewing Medical Records

Once we have the records, we analyze them to determine:

Did the doctor follow the proper medical standard of care?
Did they make an avoidable mistake or fail to act when necessary?
Did their error directly cause harm or injury?

Every malpractice case must prove that a healthcare provider’s negligence resulted in serious harm.


Step 3: Consulting Medical Experts

To strengthen the case, we work with qualified medical specialists who:

  • Review and analyze medical records alongside our legal team.
  • Provide expert opinions on whether the care met accepted medical standards.
  • Confirm how the doctor’s mistake caused harm to the patient.

Expert testimony is essential in medical malpractice cases.

Shana De Caro, former Chairwoman of the Brain Injury Association of America, emphasizes:
"Expert medical opinions validate the claims of malpractice and provide clear evidence that medical negligence caused injury."


Step 4: Conducting Further Investigation

Sometimes, medical records don’t tell the full story. When necessary, we:

🔍 Identify missing information that should have been documented.
🔍 Determine if records were altered—a tactic used to cover up medical mistakes.
🔍 Expose discrepancies in documentation to uncover what truly happened.

If a doctor failed to record an important detail, we may presume it was never done—a crucial point in proving negligence.


Why Choose De Caro & Kaplen, LLP as Your Malpractice Attorneys?

At De Caro & Kaplen, LLP, we leave no stone unturned in uncovering medical errors.

  • Michael V. Kaplen has been named one of New York’s Top 100 Trial Lawyers and has extensive experience in medical malpractice litigation.
  • Shana De Caro is a leader in medical malpractice and patient advocacy, ensuring that victims of medical errors receive the compensation they deserve.

We scrutinize every detail, work with trusted medical experts, and fight to hold negligent medical providers accountable.


Contact Us for a Free Consultation

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

We will guide you through the process, protect your rights, and fight for the justice you deserve.

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

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