New York Obstetrical & Birth Injury Malpractice Lawyers
Why Choose De Caro & Kaplen for Birth Injury Representation in New York
- Specialized Expertise: Our partners Shana De Caro and Michael V. Kaplen each have over 45 years experience litigating birth injury and obstetrical malpractice cases, including fetal distress mismanagement, delayed C-sections, improper use of delivery instruments, shoulder dystocia and brain damage.
- Comprehensive Life Care Planning: We retain life-care planners to accurately project and secure lifetime costs of medical care and rehabilitation.
- Expert Medical Network: We retain qualified medical experts to evaluate fetal monitoring strips, diagnostic testing, and delivery room mismanagement.
- Trial-Ready Advocacy: We prepare every case for trial to maximize recovery and have achieved over $100M in verdicts and settlements for our clients.
- No-Fee Guarantee: Representation is provided on a contingency basis, meaning no legal fees are charged unless a successful financial recovery is obtained.
A History of Multi-Million Dollars Verdicts & Settlements in Obstetrical and Birth Injury Malpractice Cases
De Caro & Kaplen has a history of multi-million dollar verdicts and settlements for our New York obstetrical and birth injury malpractice clients. Recent cases which resulted in successful recovery include:
- $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
- $2,630,000 wrongful death award for medical malpractice involving a failure to diagnose and treat toxemia of pregnancy
Our Credentials, Recognition & Track Record in Birth Injury and Medical Malpractice
- Board Certification: Partner Michael V. Kaplen is board-certified in medical malpractice by the American Board of Professional Liability Attorneys.
Peer-Reviewed Excellence: Consistently recognized by Super Lawyers and The Best Lawyers in America.
Professional Leadership: Our partners are active participants in the Birth Trauma Litigation Group of the American Association for Justice and former members of NY State medical malpractice review panels.
Serving NYC and New York State: Our partners are admitted to practice throughout New York State, serving families in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Westchester, and Upstate regions.
Financial Capacity: Our firm advances all litigation expenses, ensuring that complex medical negligence cases are fully funded through to settlement or trial. - Leadership in Legal Education: Our partners Shana De Caro and Michael V. Kaplen have served on New York State Supreme Court medical malpractice review panels. Michael taught courses in medical malpractice as well as trial practice techniques at St. John’s University School of Law. Shana De Caro serves on the Board of Directors of the New York State Academy of Trial Lawyers and served two terms as Chairwoman of The Brain Injury Association of America.
- Work Directly With Our Partners: Every case is personally handled by our partners from start to finish.
What Types Of Obstetrical and Birth Injury Cases Can We Assist With?
Throughout the nine months of pregnancy, there are many signs to alert an observant and qualified obstetrician to potential issues and allow him or her to take the proper precautions. Yet all too often, those signs are missed or disregarded. Obstetrical malpractice resulting in infant injury can occur at any stage of gestation all the way through labor and delivery. For example, an obstetrician-gynecologist (OB/GYN) may:
- Fail to monitor a mother's weight gain or review her history of deliveries
- Fail to correctly interpret the results of diagnostic testing, such as a sonogram or blood test
- Fail to recognize or properly respond to bleeding, including placental abruption
- Fail to recognize or properly respond to umbilical cord compression or prolapsed cord
- Fail to recognize or properly respond to fetal distress and fetal monitoring strips
- Fail to properly recognize and treat infections
- Delay in performing a necessary cesarean section (C-section)
- Misuse vacuum extractor
- Misuse forceps
- Fail to recognize and treat gestational diabetes
- Fail to recognize and treat preeclampsia
Client Reviews and Testimonials
De Caro & Kaplen LLP has a 4.9 star rating on Google reviews, aggregated from over 175 client reviews. Below are a selection of reviews from our clients.
Review by our client Allison Sansoucie
"My family needed help with a complicated personal injury case. I was fortunate to be referred to De Caro & Kaplen. Outstanding attorneys! Michael and Shana are reliable, intelligent, and dedicated advocates. There were a number of times I had specific concerns about the case and Michael was always steps ahead. The attention paid to details was truly remarkable. Shana and Michael always responded quickly to every call and email. Their assistant, Andy was consistently patient, kind, and helpful. They provided seamless referrals to rehabilitation facilities and elder care experts as needed. Shana and Michael consistently went above and beyond in countless ways throughout 2 1/2 years to ensure the most favorable outcome for my family. De Caro & Kaplen navigated each and every aspect of the lawsuit and mediation with professionalism and integrity. Incredible given the many delays due to COVID. I highly recommend De Caro & Kaplen."
Review by our client April Bulger
"After my first meeting with Michael Kaplen I knew I was in the right hands. He and his team are amazing. I would recommend them to anyone in need of an attorney that will get the job done while giving their clients a piece of mind. Complete honesty and candor each step of the process which I respect."
Review by our client Christina Bentham
"Fantastic experience! Accepted to pursue my case with many challenges. Michael Kaplen never gave up, even when posed with a vicious defense attorney. He was always one step ahead of the attorney and beat her at ever turn. When I called, emailed, or texted, Mr. Kaplen responded personally. The customer service was terrific and I always felt their entire team was attentive to every concern I had. I highly recommend the DeCaro/Kaplen team and thank them for everything they did for me!"
Free Consultation
With over 45 years experience in medical malpractice law, our partners Shana De Caro and Michael V. Kaplen help our clients get the justice and compensation they deserve. Our attorneys have the passion and persistence to take on any birth injury case in New York—and win.
Call today on (212) 732 2262 or email help@brainlaw.com to arrange your free consultation.
Our Partners, Shana De Caro and Michael V. Kaplen Handle Your Case From Start To Finish
When you hire De Caro & Kaplen, LLP for your birth injury malpractice case in New York our partners Shana De Caro and Michael V. Kaplen will personally handle your case from start to finish. Unlike some other prominent NYC firms, who will hand your case off to a paralegal, Shana and Michael, who each have over 45 years experience in personal injury and medical malpractice law, will personally work on your behalf to ensure you receive the justice and compensation you deserve, preparing every case as if it will go to trial.
Shana De Caro - Senior Partner and Personal Injury Attorney
- Over 45 years of experience specifically handling complex medical malpractice, personal injury, and birth injury litigation in New York.
- Multi-year New York Super Lawyer.
- A history of multi-million dollar verdicts and settlements for her birth injury clients.
- Served two terms as Chairwoman of The Brain Injury Association of America.
- Active participant in the Birth Trauma Litigation Group of the American Association for Justice
- Served as member of the New York State Supreme Court medical malpractice review panels.
- Lectured at the ground rounds at Mt. Sinai Medical Center, New York on medical malpractice in hospital emergency departments.
- Fellow of the American Bar Foundation and Litigation Counsel of America.
- Published in New York Law Journal, National Law Journal, Trial Magazine, Psychiatric Clinics of North America.
- Lecturer for the American Association for Justice, New York State Academy of Trial Lawyers, and North American Brain Injury Society.
- Recognized for advancing standards of practice in brain injury and medical negligence litigation.
Michael V. Kaplen - Senior Partner and Personal Injury Attorney
- Over 45 years of experience specifically handling complex medical malpractice, personal injury, and birth injury in New York.
- Multi-year New York Super Lawyer.
- A history of multi-million dollar award settlements for his birth injury clients.
- Served as member of the New York State Supreme Court medical malpractice review panels.
- Board-certified in the area of medical malpractice by the American Board of Professional Liability Attorneys and served on their board of directors.
- Lectured at the ground rounds at Mt. Sinai Medical Center, New York on medical malpractice in hospital emergency departments.
- Professorial Lecturer in Law, The George Washington University Law School (“The Legal Aspects of Traumatic Brain Injury”)
- Taught courses in medical malpractice as well as trial practice techniques at St. John’s University School of Law.
- Served as President, Brain Injury Association of New York State.
- Consistently listed among the Top 100 New York Trial Lawyers and Top 25 Brain Injury Attorneys in the nation.
- Public Justice Achievement Award (for pro bono representation of September 11th victims)
Devastating Injuries Caused by Obstetrical Malpractice
Erb’s palsy: When a baby travels down the birth canal, a large fetus or one that is improperly positioned can present dangers. In cases of Erb’s palsy, also known as shoulder dystocia, the baby gets trapped in the birth canal because it is too large to pass through the pelvis or is trying to pass in the wrong position. When too much traction is placed on the infant, injury to the brachial plexus (the group of nerves that run from the shoulder to the spine) takes place. This can cause permanent damage to the hands, arms, or shoulders.
Proper techniques used by the doctor to reposition the baby can avoid Erb’s palsy. Physicians should be aware of the potential of this predictable obstetric emergency by determining the likely weight and position of the baby before active labor begins. This knowledge allows them to properly monitor the progression of labor and take the necessary steps to reposition the fetus before injury occurs or perform a C-section to prevent injury.
Cerebral palsy: This condition is often caused by insufficient amounts of oxygen reaching the brain of the newborn prior to birth. Cerebral palsy can be prevented by carefully monitoring the baby during the progression of labor and delivery and promptly performing a caesarian section before brain damage occurs.
Other birth injuries that can result from medical malpractice include preeclampsia, cranial or spinal cord injury, and umbilical cord strangulation.
Injuries to Mothers During Childbirth
Obstetrical malpractice can also result in injury to the mother. Injuries to the cervix, uterus, and blood vessels frequently take place because of surgical errors that occur during vaginal delivery as well as delivery by caesarian section. The failure to promptly treat preeclampsia can tragically lead to the death of the mother. Women can also suffer from preventable infections that lead to tissue and nerve damage when placental tissue is improperly left behind in the uterus following childbirth.
Failure to promptly respond to vaginal bleeding following delivery, a condition known as uterine atony, can also lead to permanent injury and even death of the mother. Our attorneys have represented many mothers who were needlessly harmed during the course of childbirth.
Frequently Asked Questions
How much experience does De Caro & Kaplen have with birth injury malpractice cases?
Our partners Shana De Caro and Michael V. Kaplen each have over 45 years of experience prosecuting birth injury malpractice cases.
Does De Caro & Kaplen handle cases involving cerebral palsy or Erb's palsy?
Yes, our firm has experience managing cases involving specific birth-related diagnoses. We handle litigation for children and families affected by cerebral palsy and Erb’s palsy, which is often associated with shoulder dystocia during the birthing process.
Can De Caro & Kaplen help us project the lifetime costs of my child's care?
Yes, we work directly with professional life-care planners to accurately project the lifetime costs associated with your child's specific needs.
Does De Caro & Kaplen use medical experts to support my birth injury claim?
Yes, we believe that expert testimony is essential to a successful birth injury case. Our firm retains medical experts to thoroughly evaluate the details of your case and provide the necessary testimony to support your claim in court.
Start Your Birth Injury Malpractice Case Today With a Free, No Obligation Consultation
What sets De Caro & Kaplen, LLP apart from most personal injury law firms in New York? It’s our tireless commitment to protecting the rights of young brain injury victims and their mothers who have been harmed at the hands of careless OB/GYN professionals. We also bring:
- 45-plus years of experience handling birth injury malpractice cases
- A solid history of obtaining favorable verdicts and settlements for our clients
- A comprehensive approach to building strong cases of medical negligence
- Caring, personalized attention that’s often unavailable at larger firms
De Caro & Kaplen, LLP represents clients on a contingency basis. This means you pay a fee only if we obtain financial compensation for you and your family.
Contact us today for a free consultation.