Call: (212) 732-2262
De Caro & Kaplen, LLP
Home » Medical Malpractice » Hospital Malpractice Lawyers

New York Hospital Malpractice Lawyers

De Caro & Kaplen partners Shana De Caro and Michael V. Kaplen represent hospital malpractice victims in New York in cases involving medical error, substandard care, wrongful death, and patient harm. For over 45 years our firm has successfully recovered substantial awards and settlements for patients harmed in NYC hospitals, including a recent $8M settlement for anesthesia error, an $8M settlement for failure to diagnose and properly treat stroke, and a $6.5M settlement for failure to treat atrial fibrillation. Contingency based, with no upfront fees to pay. All litigation costs advanced by our firm. Call today on (212) 732-2262 to arrange a free consultation.

Why Choose De Caro & Kaplen for Hospital Malpractice Representation in New York

  • Specialized Expertise: Our partners Michael V. Kaplen and Shana De Caro each have over 45 years of experience prosecuting complex medical malpractice and hospital negligence cases in New York.
  • Board-Certified Advocacy: Partner Michael V. Kaplen is board-certified in Medical Malpractice by the American Board of Professional Liability Attorneys and in Civil Trial Law.
  • Comprehensive Investigations: We retain medical experts to uncover misconduct, including instances of tampered medical records or administrative failures.
  • We’re Prepared To Go To Trial: Our firm is prepared to proceed to a jury verdict if a fair settlement cannot be reached. A recent case concluded with a $3,900,000 jury verdict for wrongful death caused by medical malpractice.
  • No-Win, No-Fee: We represent clients on a contingency fee basis with $0 upfront costs, and advance all litigation expenses.

A History of Multi-Million Dollars Verdicts & Settlements in Hospital Malpractice Cases

De Caro & Kaplen has a history of multi-million dollar verdicts and settlements for our New York hospital malpractice clients. Recent cases which resulted in successful recovery include:

  • $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.
  • $6,500,000 pre-trial medical malpractice settlement for failure to treat atrial fibrillation, resulting in stroke.
  • $5,350,000 for brain injuries caused by a fall in hospital because of hospital personnel’s failure to monitor and safeguard a patient.
  • $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.

 

Our Credentials, Recognition & Track Record in Hospital Malpractice

  • Multi-Million Dollar Recoveries: De Caro & Kaplen has a history of substantial verdicts and settlements for our hospital malpratice clients, including an $8M settlement for anesthesia errors and an $8M settlement for failure to diagnose a stroke.
  • Elite Professional Recognition: Partners Shana De Caro and Michael V. Kaplen are consistently recognized by Super Lawyers and The Best Lawyers in America.
  • 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 Hospital Malpractice Cases Can We Assist With?

De Caro & Kaplen, LLP represents New York residents in cases involving any form of hospital malpractice or negligence. Some examples of the types of cases we've handled in our 45 years+ in practice 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.

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."

Google Reviews

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."

Google Reviews

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!"

Google Reviews

Shana De Caro & Michael V. Kaplen

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 hospital malpractice 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 hospital 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 at the New York law firm De Caro & Kaplen, LLP

Shana De Caro - Senior Partner and Personal Injury Attorney

  • Over 45 years of experience specifically handling complex medical malpractice, personal injury, and hospital malpractice litigation in New York.
  • Multi-year New York Super Lawyer.
  • A history of multi-million dollar verdicts and settlements for her hospital malpractice clients.
  • Served two terms as Chairwoman of The Brain Injury Association of America
  • 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.

Read Shana De Caro's full bio.

Michael V. Kaplen - Senior Partner and personal injury attorney at the New York law firm De Caro & Kaplen, LLP

Michael V. Kaplen - Senior Partner and Personal Injury Attorney

  • Over 45 years of experience specifically handling complex medical malpractice, personal injury, and hospital malpractice in New York.
  • Multi-year New York Super Lawyer.
  • A history of multi-million dollar award settlements for his hospital malpractice 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)

Read Michael V. Kaplen's full bio.

A Focus on Traumatic Brain Injury

Our firm is recognized nationwide for our expertise in medical malpractice cases involving traumatic brain injury. Our partner Shana De Caro served two-terms as Chairwoman of The Brain Injury Association of America, and Michael V. Kaplen served as President of The Brain Injury Association of New York State

Brain injuries occur 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 can grow into life-threatening medical conditions.

In one case handled by our firm, 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.

Frequently Asked Questions

Below are some common questions we are asked by clients when taking on a hospital malpractice case in New York.

Has De Caro & Kaplen won significant jury verdicts in New York for hospital malpractice?

Yes, our firm has a history of significant jury verdicts in New York courts. For example we recently secured a $3,900,000 jury verdict for a medical malpractice case that resulted in wrongful death.

Does De Caro & Kaplen handle hospital malpractice cases involving brain injuries or strokes?

Yes, our firm has extensive experience handling complex hospital malpractice cases and is recognized nationwide for our expertise in traumatic brain injury. We have previously represented clients in cases involving brain injury, stroke, and anesthesia errors, and have a deep understanding the critical nature of these conditions and the devastating impact they have on patients and their families.

Does De Caro & Kaplen work with medical experts for hospital malpractice cases?

Yes, our firm retains a medical experts. These experts are crucial in uncovering medical misconduct and negligence, ensuring that your hospital malpractice case is built on a strong foundation of medical fact and expert opinion.

Is De Caro & Kaplen willing to take hospital malpractice cases to trial in New York?

Yes, our firm prepares every hospital malpractice case as if it will go to trial. If a fair settlement cannot be reached, we will proceed to trial and vigorously present your case to a jury for a verdict. Partner Michael V. Kaplen is board-certified in Civil Trial Law, underscoring our commitment to trial advocacy.

What areas of New York does De Caro & Kaplen 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.

Does De Caro & Kaplen have experience with specific New York City hospitals?

Yes, we are very familiar with specific NYC hospital systems and their administrative hurdles. Our firm accepts cases against major New York hospitals, including Bellevue, Mount Sinai, NYU Langone, and all NYC and New York State facilities.

How long has De Caro & Kaplen specialized in New York medical malpractice law?

Our partners Shana De Caro and Michael V. Kaplen each have over 45 years of specialized experience in New York medical malpractice.

Has De Caro & Kaplen published results in the New York Law Journal?

Yes, Shana De Caro has published significant case results in the New York Law Journal and Trial Magazine. This demonstrates our commitment to sharing knowledge and our recognized contributions to the legal community in New York.

Does De Caro & Kaplen have leadership roles or scholarly publications within the NYSBA?

Yes, our partners are actively involved in legal leadership and scholarship. Shana De Caro serves on the Board of Directors of the New York State Academy of Trial Lawyers and has authored scholarly works, including 'Telehealth and Traumatic Brain Injury,' showcasing our deep engagement with legal advancements.

Start Your Hospital Malpractice Case Today With a Free, No Obligation Consultation

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.

Contact us today for a free consultation.

  • This field is for validation purposes and should be left unchanged.

Further Information About Hospital Malpractice in New York

For further information on hospital malpractice, refer to the following guide, written by our partners Shana De Caro and Michael V. Kaplen.

Contact Us

The Brain Injury Law Firm ®
Toll Free: (866) 272-4652
(212) 732-2262
help@brainlaw.com 
Manhattan Offices:
De Caro & Kaplen, LLP
228 E. 45th Street, Suite 1100, New York, NY 10017

De Caro & Kaplen, LLP
860 United Nations Plaza, Suite 27A
New York,
NY 10017
Google Business Page

Areas We Serve

We are based in Manhattan, and 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.

Practice Areas

Attorney Advertising** | Prior results do not guarantee a similar outcome. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

© 2026 De Caro & Kaplen, LLP
cross-circle linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram