Hospital Malpractice Lawyers in New York

Did Hospital Negligence Cause You Devastating Injury? Our Malpractice Attorneys Can Help.

People are admitted to hospitals and emergency departments every day expecting professional, first-rate medical attention. Yet not all hospitals provide a superior or even acceptable level of patient care. Errors ranging from improper staffing, medication, and recordkeeping to failing to follow orders can leave patients more seriously ill than when they arrived. In worst-case scenarios, hospital negligence can even lead to death. Hospitals are responsible for the negligence and malpractice of their nurses, interns, residents, house physicians and, in many cases, the patient’s attending doctor.

Do you suspect hospital malpractice caused your injury? Contact our attorneys today.

Common Hospital Errors

When you’ve been practicing law for over 40 years like the lawyers at De Caro & Kaplen, LLP, you see a variety of shocking cases. In some cases we've handled, illegible prescription orders led to the wrong drugs or medication being administered to an unsuspecting patient. We've also seen instances where ER staff fails to timely administer life-saving measures in an emergency situation. Other cases of hospital malpractice may include:

• Patient falls
• Bedsores resulting from poor nursing care
• Failure to treat an infection properly
• Leaving sponges and surgical instruments in a patient
• Operating room errors, including anesthesia errors
• Patient mix-ups leading to improper surgery or medication
• Procedures performed by unskilled residents or physician’s assistants
• Failure to have patient seen by a competent specialist
• Careless surgical technique resulting from inattentive surgeons

It’s not just doctors who can be held liable for medical neglect. Hospitals are responsible for the careless behavior of their nurses, nurse’s aides, physician’s assistants, and technicians who caused harm to an innocent patient.

Hospital Malpractice Verdicts & Settlements

• $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.

Preventable Brain Injury

Brain injuries and even permanent brain damage are among the most tragic consequences of hospital malpractice we’ve been asked to investigate. This happens frequently in hospital emergency rooms, where an ill patient is discharged before the results of X-rays, CT scans, and other critical tests are reported. As a result, problems that were easily treatable grew into life-threatening medical conditions.

• In one case, a CT scan was not taken of a young man with severe head pain following a car and motorcycle accident. He was sent home. There, he developed seizures and was rushed back to the hospital. A CT scan was finally taken and showed bleeding in the brain. If a timely CT scan had been taken before he was initially sent home, this man could have received proper treatment and avoided permanent brain damage.
• In another sad case, a young child with high fever, lethargy, and a stiff neck sustained brain injury because the ER physician failed to take the proper tests to diagnose meningitis.

Hospital Errors and Malpractice Reach Record Highs

Hospital errors and malpractice have reached record highs in new statistics released by the Joint Commission on Hospital Accreditation. According to the Joint Commission, the number of reported Sentinel Events increased by approximately 32% over 2020.

Sentinel Events are patient-safety mishaps resulting in the following:

• Death
• Permanent harm
• Severe temporary harm
• Intervention required to sustain life

List of Top Sentinel Events - 2021

1. Patient falls
2. Delay in treatment
3. Unintended retention of a foreign object
4. Wrong surgical site
5. Suicide
6. Assault/rape/sexual assault
7. Patient self harm
8. Fire
9. Medication management
10. Clinical alarm response

Choose a Malpractice Lawyer You Can Count On

When it comes to prosecuting a hospital malpractice lawsuit, having a qualified attorney on your side is essential. Our partners, Shana De Caro & Michael Kaplen, have years of experience helping patients navigate the complex legal terrain of malpractice litigation in New York. Michael is board certified* in the area of medical malpractice by the American Board of Professional Liability Attorneys and serves on its Board of Directors.

Shana and Michael are skilled at uncovering the serious medical misconduct and negligence that led to a patient’s injury. In some cases, they’ve even discovered that medical records had been tampered with in order to cover up mistakes made by the hospital. Our thorough investigations—performed with the help of medical experts—leave no stone unturned.

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.

Did This Happen to You?

Our team of legal specialists is available 24/7 to answer your questions and help you pursue the appropriate course of legal action. Don’t wait another day to find out if you have a valid claim of hospital malpractice. Contact us today.

Areas We Serve

Our hospital malpractice lawyers serve the entire State of New York including New York City, the Bronx, Brooklyn, Manhattan, Staten Island and Queens. We also serve Nassau and Suffolk, Rockland, Westchester Counties, Albany, Buffalo, Rochester and Syracuse and surrounding areas.