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New York Medical Malpractice Lawyers

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When you see a doctor or go to a hospital for help with a medical issue, you trust that your doctor will have the skill to care for you properly.

Unfortunately, sometimes physicians and other healthcare providers fall short of required standards of care. The attorneys at De Caro & Kaplen, LLP provide compassionate legal counsel to medical malpractice victims and their families—and we’ve been doing it for over 40 years.

New York medical malpractice lawyers

Practice Areas

Medical malpractice is complex, and can happen across all specialities and settings. Over the last three decades, De Caro & Kaplen, LLP has successfully handled cases ranging from misdiagnosis to poor surgical and hospital care. Contact us if you believe your situation involves:

Why You Can Trust De Caro & Kaplen, LLP With Your Medical Malpractice Case

According to the Journal of Patient Safety, 440,000 patients die each year as a result of preventable medical errors. The sad truth is, many will never receive adequate compensation for their injuries.

When you hire the firm of De Caro & Kaplen, LLP to represent you in your medical malpractice case, you can rest assured we have the knowledge, education, and real-world experience to get the job done right.

As an established firm with deep-rooted relationships in New York, we have the resources needed to build a solid claim against the doctor, hospital, urgent care center, or other healthcare provider responsible for your injuries. Our process includes gathering the appropriate medical and hospital records; analyzing your records, test results, and pathology studies; and securing expert opinions and expert testimony in court.

A Few Facts About Us

shana de caro & michael v. kaplen
  • Partners Shana De Caro and Michael Kaplen each have spent over 40 years in the area of medical malpractice litigation.
  • Michael is board-certified* in the area of medical malpractice by the American Board of Professional Liability Attorneys and serves on their board of directors.
  • Michael has taught courses in medical malpractice as well as trial practice techniques at St. John’s University School of Law.
  • Shana and Michael have been invited to lecture at hospitals and to patient groups about medical malpractice issues. Both have served as members of the New York State Supreme Court medical malpractice review panels.

Medical Malpractice Verdicts & Settlements

De Caro & Kaplen, LLP partners Michael V. Kaplen and Shana De Caro
De Caro & Kaplen, LLP partners Michael V. Kaplen and Shana De Caro
  • $8,000,000 medical malpractice settlement for an anesthesia error resulting in permanent brain damage for our client.
  • $8,000,000 pre-trial medical malpractice settlement for failure to diagnose and properly treat stroke for our client, who had been complaining of severe headaches.
  • $5,350,000 for brain injuries caused by a fall in hospital because of hospital personnel’s failure to monitor and safeguard a patient.
  • $6,500,000 pre-trial medical malpractice settlement for failure to treat atrial fibrillation, resulting in stroke.
  • $3,900,000 jury verdict for medical malpractice leading to the death of a mother following the delivery of her child, as a result of uncontrolled bleeding.
  • $3,000,000 settlement for medical malpractice during shunt revision surgery, resulting in permanent brain damage.
  • $2,630,000 wrongful death award for medical malpractice involving a failure to diagnose and treat toxemia of pregnancy.
  • $1,500,000 medical malpractice settlement for a hospital’s failure to treat a sinus infection, resulting in seizure disorder.

Areas We Serve

Our medical malpractice lawyers serve the entire State of New York including New York City, the BronxBrooklynManhattan, Staten Island and Queens. We also serve Nassau and Suffolk, Rockland, Westchester Counties, AlbanyBuffalo, Rochester and Syracuse and surrounding areas.

Mount Sinai Hospital - Manhattan, wikicommons


Brooklyn Medical Malpractice


North Central Hospital in The Bronx, wikicommons

The Bronx

Elmhurst Hospital, Queens, wikicommons


Medical Malpractice Information

What is Medical Malpractice?

Medical malpractice is when a healthcare provider is professionally negligent, resulting in injury to the patient. It may involve not doing something (e.g. a necessary medication was not given) or a negligent act (e.g. performing surgery on the wrong part of a patient’s body, or ignoring a patient’s complaints or symptoms, resulting in a flawed diagnosis).

Any type of provider can be held liable for malpractice, whether it’s a physician, hospital resident, hospital intern, physician’s assistant, nurse practitioner, nurse, therapist, or dentist. Claims may also be brought against hospitals, urgent care centers, and clinics whose employees’ careless behavior caused patient harm.

Most Frequent Causes of Medical Malpractice

Medical professional liability insurance provider Coverys analyzed 11,907 medical malpractice allegations between 2010 and 2019, and found that:

  • 29.2% of medical malpractice allegations related to surgery/procedure
  • 27.3% related to diagnosis
  • 12.5% to medical treatment
  • 8.8% to medication

Other allegations related to patient/environment safety (6%), obstetrics (4.4%), patient monitoring (3%), and anesthesia (2%), with the remaining 6% of allegations uncategorized.

De Caro & Kaplen, LLP, is able to assist with medical malpractice cases in each of these areas.

Increase In Reported Numbers Of Sentinel Events

Each year, The Joint Commission, a body that accredits and certifies more than 22,000 health care organizations and programs in the United States, reports the number of sentinel events willingly disclosed to them by healthcare organizations.

A sentinel event is defined by the Commission as “a patient safety event that results in death, permanent harm, severe temporary harm or intervention required to sustain life”.

In 2021, the accrediting body received 1,197 reports of sentinel events, a 48% increase from the 809 events reported by healthcare organizations in 2020. Indeed, the 2021 figure was the highest number reported by the organization since it began publicly disclosing the data in 2007.

sentinel events reviewed by year

The most common sentinel event reported to the body in 2021 was falls (485 reports), while treatment delays (97) and unintended retention of a foreign object (97) were other common complaints.

Top 10 frequently reviewed sentinel events

We’re Ready To Help

shana de caro & michael v. kaplen

When doctors and hospitals get into trouble, they seek out lawyers and insurance companies to protect their interests. Aren’t you entitled to knowledgeable and experienced malpractice lawyers to fix the blame and represent your interests?

At De Caro & Kaplen, LLP, your case will only be handled by our experienced New York medical malpractice attorneys. Shana and Michael don’t represent doctors, hospitals, or insurers—their only interest is you. You pay nothing up front to secure the services of our lawyers. We only get paid if and when we obtain a favorable settlement on your behalf.

If you think you or a loved one is a victim of medical malpractice, consult with our attorneys today.

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