What constitutes medical malpractice?

Medical malpractice occurs when a healthcare provider fails to follow accepted medical standards, resulting in harm to a patient. This negligence can happen due to errors in diagnosis, treatment, aftercare, or health management.

At De Caro & Kaplen, LLP, medical malpractice attorneys Michael V. Kaplen and Shana De Caro have over 45 years of experience representing individuals harmed by medical errors. Their deep knowledge of medical malpractice law ensures that negligent healthcare providers are held accountable.

Who Can Be Responsible for Medical Malpractice?

Medical malpractice can occur in various healthcare settings and involve different medical professionals, including:

• Doctors
• Surgeons
• Nurses
• Physician Assistants
• Hospitals
• Nursing Homes

When any medical provider or facility fails to follow proper medical standards, patients can suffer serious injuries or complications.

How Does Medical Malpractice Happen?

Medical malpractice occurs when a healthcare professional:

1. Does something they shouldn’t have done.
2. Fails to do something they were supposed to do.

Think of medical malpractice like running a red light—when a doctor or hospital fails to follow medical rules and guidelines, they put patients at serious risk.

Examples of medical malpractice include:

• Surgical errors, such as operating on the wrong body part.
• Misdiagnosis or delayed diagnosis, leading to worsened conditions.
• Medication errors, including incorrect dosages or prescriptions.
• Birth injuries due to improper prenatal or delivery care.
• Failure to monitor a patient’s condition, resulting in complications.

Michael Kaplen, a board-certified civil trial attorney, emphasizes:
"Patients trust doctors with their lives—when that trust is broken due to negligence, legal action is necessary to hold providers accountable and prevent future harm."

How Do Attorneys Prove Medical Malpractice?

Proving medical malpractice requires detailed investigation and expert testimony. The experienced malpractice attorneys at De Caro & Kaplen, LLP follow a structured process to build a strong case.

Step 1: Reviewing Medical and Hospital Records

These documents provide essential details about the care you received and any mistakes made by your doctor, nurse, or hospital.

Step 2: Consulting with Medical Experts

We work with trusted specialists who analyze your records and provide expert opinions on:

• What went wrong in your treatment.
• Why the medical error happened.
• How the mistake caused harm and impacted your health.

Shana De Caro, former Chairwoman of the Brain Injury Association of America, explains:
"Medical malpractice cases rely on expert testimony to demonstrate where and how medical professionals failed to meet the standard of care."

Do You Have Questions About Medical, Hospital, or Nursing Home Malpractice?

At De Caro & Kaplen, LLP, we thoroughly investigate malpractice cases, consult with leading medical experts, and aggressively advocate for patients who have suffered due to medical errors.

If you believe you’ve been a victim of medical, hospital, or nursing home malpractice, don’t wait. Contact De Caro & Kaplen, LLP today to learn how we can help you get justice and compensation.