How do we prove a medical malpractice case?

Medical malpractice cases are complex because they require detailed medical knowledge, thorough evaluation of hospital records, and consultation with medical experts to determine whether a doctor, hospital, or nursing home failed to follow the proper standard of care.

At De Caro & Kaplen, LLP, medical malpractice attorneys Michael V. Kaplen and Shana De Caro have been representing victims of medical negligence for over 45 years. Their expertise ensures that each case is investigated meticulously to uncover errors and hold responsible parties accountable.

How Do the Medical Malpractice Lawyers at De Caro & Kaplen, LLP Investigate and Prove a Case?

Step 1: Gathering Medical Records

The first step in proving medical malpractice is collecting all relevant documents, including:

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

We work directly with you to obtain these records if you don’t already have them. Medical documentation is critical evidence in proving whether negligence occurred.

Step 2: Expert Medical Review

Once we have all the records, we:

• Examine medical literature to understand the standard of care in your case.
• Consult with qualified medical specialists who analyze the records and determine if your doctor, hospital, or nursing home failed to meet the accepted standard of care.

A specialist will review your case with our attorneys to determine:

1. Whether the medical provider deviated from standard care.
2. Whether this failure directly caused your injury.

Shana De Caro, former Chairwoman of the Brain Injury Association of America, emphasizes:
"Medical malpractice cases require careful analysis of medical errors and their consequences. Our team works with the top medical experts to build strong cases for our clients."

Step 3: Filing the Lawsuit and Discovery

If our expert confirms that malpractice occurred, we move forward by:

• Filing the lawsuit against the responsible medical provider or facility.
• Entering the discovery phase, where both sides gather evidence to support their case.

Key parts of discovery include:

Depositions

• You will testify under oath about what happened.
• We will question the medical providers under oath to determine what they did, what they failed to do, and why.

Medical Examination

• The defendant’s insurance company may request an independent medical examination to confirm the extent of your injuries.

Michael Kaplen, a board-certified civil trial attorney, states:
"Depositions and medical reviews are critical steps in proving a malpractice case. We ensure that every piece of evidence is documented and used effectively to strengthen your claim."

Step 4: Trial Preparation

Once the discovery phase is complete, the case is placed on the trial calendar. We:

• Continue preparing evidence and organizing expert testimony.
• Negotiate with the insurance company to pursue the best outcome for you.

While many malpractice cases settle before trial, we always prepare each case as if it will go to court to maximize the compensation you receive.

Why Do You Need to Act Quickly If You Suspect Malpractice?

Medical malpractice cases are subject to strict statutes of limitations. If you miss the deadline, you may lose your right to seek compensation.

Investigating a malpractice case takes time, so it’s essential to:

✅ Contact an attorney immediately to begin the process.
✅ Preserve critical evidence before records are lost or altered.
✅ Ensure your case is filed within legal deadlines.

Shana De Caro explains:
"Waiting too long can jeopardize your case. Acting quickly allows us to gather evidence while it’s fresh and ensures you don’t lose your right to seek justice."

Why Hire the Medical Malpractice Attorneys at De Caro & Kaplen, LLP?

At De Caro & Kaplen, LLP, we have over 45 years of experience representing victims of medical malpractice.

• Michael V. Kaplen is board-certified in Civil Trial Advocacy and has successfully represented medical malpractice victims across New York.
• Shana De Caro is a leader in medical malpractice law, ensuring that clients receive the full compensation they deserve.

We handle every step of the process—from collecting records to preparing for trial—so you can focus on healing while we fight for your rights.

Contact Us for a Free Consultation

If you or a loved one has been injured due to medical malpractice, don’t wait. Contact De Caro & Kaplen, LLP today for a free, no-obligation consultation.

Let us help you get the justice and compensation you deserve.