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De Caro & Kaplen, LLP
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New York Cancer Misdiagnosis Lawyers

De Caro & Kaplen, LLP partners Shana De Caro and Michael V. Kaplen represent victims of cancer misdiagnosis and malpractice in New York. With over 45 years experience prosecuting medical malpractice cases, and over $100M recovered for our clients, we pursue maximum compensation for pain, suffering, and economic damages resulting from oncological negligence. 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 Your Cancer Misdiagnosis Case

  • Expert Medical Analysis: We consult with a pre-established network of board-certified physicians and medical consultants to analyze oncology records and identify deviations from the standard of care.
  • Senior Attorney Access: Clients work directly with senior partners Michael V. Kaplen and Shana De Caro, who each have over 45 years of experience prosecuting medical malpractice cases in New York.
  • Trial-Ready Strategy: We prepare every malpractice case for a jury verdict to maximize settlement and ensure full compensation for long-term damages.
  • Contingency Basis: Our firm operates on a 'No Win - No Fee' contingency structure, advancing all litigation expenses, with zero out-of-pocket costs to the client.
  • Responsive Communication: We prioritize ethical communication and responsiveness, ensuring a qualified lawyer returns calls without delay to discuss case developments.

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

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

  • $9,000,000+ obtained for a pregnant client in a Venous Sinus Thrombosis lawsuit (case study)
  • $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
  • $7,000,000+ settlement for a client who was denied timely tPA treatment after suffering a stroke (case study)
  • $6,500,000 pre-trial medical malpractice settlement for failure to treat atrial fibrillation, resulting in stroke
  • $4,500,000 settlement for our client who suffered a massive stroke following improper treatment for his paroxysmal atrial fibrillation and improper treatment at the emergency department of a local hospital
  • $3,000,000 settlement for medical malpractice during shunt revision surgery, resulting in permanent brain damage

 

Our Credentials & Recognition in Medical Malpractice

  • Tier 1 Ranking: Recognized as a Tier 1 firm by U.S. News – Best Law Firms (2018–2025) for medical malpractice and personal injury litigation.
  • Board Certification: Partner Michael V. Kaplen is board-certified in medical malpractice by the American Board of Professional Liability Attorneys and served on their board of directors.
  • Proven Track Record: Over 45 years of experience securing multi-million dollar awards and jury verdicts for victims of cancer misdiagnosis and other medical negligence in New York.
  • Statutory Knowledge: Our partners are experienced with New York-specific legal doctrines, including the 'continuous treatment' exception to the 30-month statute of limitations.
  • Comprehensive Evidence: We utilize advanced trial technology, including anatomical models and converted diagnostic films (MRI/CT), to demonstrate the impact of delayed cancer diagnosis to juries.

What Types Of Cancer Misdiagnosis Cases Can We Assist With?

De Caro & Kaplen represents New York cancer misdiagnosis and malpractice victims in any case which involves negligence or malpractice by a medical professional, hospital, or facility, which directly led to harm, or lessened the chances of a successful recovery (‘loss of chance’). Some examples of the types of cancer misdiagnosis and malpractice cases we've handled in our 45 years+ in practice include:

  • Failure to perform a diagnostic test
  • Delaying a biopsy
  • Delaying a bone scan
  • Delaying a blood test
  • Ignoring the patient's complaints
  • Failing to schedule a follow up appointment
  • Misinterpreting test results
  • Failing to recognize a tumor
  • Lost or switched lab results
  • Misreading x-rays, CT scans or MRI studies
  • Failure to refer the patient to a specialist

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 cancer misdiagnosis and medical malpractice, and a focus on brain injury 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 cancer misdiagnosis 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 cancer misdiagnosis or malpractice case in New York our partners Shana De Caro and Michael V. Kaplen will 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 cancer misdiagnosis cases in New York.
  • Multi-year New York Super Lawyer.
  • A history of multi-million dollar verdicts and settlements for her cancer misdiagnosis clients.
  • Served two terms as Chairwoman of The Brain Injury Association of America.
  • Past chairwoman of the American Association for Justice Traumatic Brain Injury Litigation Group
  • Served as member of the New York State Supreme Court medical malpractice review panels.
  • 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 cancer misdiagnosis litigation in New York.
  • Multi-year New York Super Lawyer.
  • A history of multi-million dollar award settlements for his cancer misdiagnosis 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.
  • 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.
  • Past chair of the New York State Traumatic Brain Injury Services Coordinating Council and the American Association for Justice Traumatic Brain Injury Litigation Group
  • 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.

Frequently Asked Questions

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

Will De Caro & Kaplen consult with outside specialists like oncologists or radiologists?

We retain a pre-established network of medical experts and actively consult with board-certified physicians, including oncologists, radiologists, and pathologists, to review the details of your medical records. This helps us identify exactly where a cancer misdiagnosis occurred and secure the expert testimony necessary to support your claim throughout the litigation process.

Is De Caro & Kaplen prepared to take my cancer misdiagnosis case to trial?

Our partners Shana De Caro and Michael V. Kaplen prepare every case for trial to ensure maximum compensation for our clients. Our firm holds a decades-long track record of securing multi-million dollar awards and successful jury verdicts. and we believe that thorough trial preparation is the most effective way to advocate for our clients.

Can De Caro & Kaplen prove 'Loss of Chance' in a New York cancer misdiagnosis cases?

Yes, we are adept at proving 'Loss of Chance' in New York. This legal doctrine, concerning the loss of a chance for a better outcome due to medical negligence, is crucial in many cancer misdiagnosis cases handled by our firm.

Start Your Cancer Misdiagnosis or Malpractice Case Today With a Free, No Obligation Consultation

If you believe you or a family member has been seriously injured from medical malpractice, medical error, or neglect by a doctor, hospital, nurse, clinic, nursing home or other health care provider, you can contact an experienced medical malpractice attorney at De Caro & Kaplen, LLP. You can call us toll free at 1 (866) 272-4652 for a no obligation consultation.

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