New York Stroke Misdiagnosis and Malpractice Lawyers
Why Choose De Caro & Kaplen for Your Stroke Misdiagnosis or Malpractice Case
- A Focus on Brain Injury: Unlike general personal injury firms, our practice concentrates in brain injury law, with partners Shana De Caro and Michael V. Kaplen having served leadership roles for the Brain Injury Association of America (BIAA) and the Brain Injury Association of New York State (BIANYS).
- Stroke Protocol Expertise: We possess deep technical knowledge of 'Time is Brain' standards, including the 4.5-hour window for tPA administration and the 24-hour window for mechanical thrombectomy interventions. This knowledge ensures we can hold negligent medical professionals to account.
- Loss of Chance Doctrine: We apply the New York legal principle of 'loss of chance for a better outcome' to prove that medical negligence directly reduced a patient's potential for recovery.
- Comprehensive Damage Valuation: We utilize certified Life Care Planners to develop detailed projections of future medical needs, rehabilitation costs, and long-term support requirements for stroke survivors.
- Work Directly With Our Partners: Our partners Shana De Caro and Michael V. Kaplen handle every case from start to finish. We’ll be with you every step of the way.
- Trial Ready: While many stroke malpractice cases will result in a settlement, we prepare every case as if it will go to trial.
A History of Multi-Million Dollars Verdicts & Settlements in Stroke Misdiagnosis and Malpractice Cases
De Caro & Kaplen has a history of multi-million dollar verdicts and settlements for our New York stroke 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
Our Credentials and Proven Track Record
- Board Certification: Partner Michael Kaplen is Board Certified in Medical Malpractice by the American Board of Professional Liability Attorneys (ABPLA) and as a Civil Trial Advocate by the National Board of Trial Advocacy.
- Peer-Recognized Excellence: Our partners Shana De Caro and Michael V. Kaplen have been selected as New York Super Lawyers and are recognized by Best Lawyers for medical malpractice and personal injury litigation.
- Proven Results: We have achieved numerous multi-million dollar recoveries for stroke victims in New York, including an $8M pre-trial settlement in a stroke misdiagnosis case and a $6.5M settlement in a failure to treat case.
- Risk-Free Litigation: We operate on a contingency fee basis, advancing all prosecution and expert witness costs, with no legal fees or expenses collected unless a successful verdict or settlement is reached.
- Trial Readiness: Our firm maintains a high degree of trial readiness; Michael V. Kaplen’s trial summations are published in the 'Art of Advocacy' series as benchmarks for medical malpractice litigation.
What Types Of Stroke Misdiagnosis and Malpractice Cases Can We Assist With?
De Caro & Kaplen, LLP represents New York stroke 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 stroke cases we've handled in our 45 years+ in practice include:
- Failure to take proper medical histories or conduct thorough physical examinations
- Failure to order proper diagnostic studies (like a CT scan or MRI) in order to pinpoint a blockage.
- Classifying the stroke as another medical condition entirely, which results in delayed and/or improper treatment.
- Failure to administer blood-thinning or anti-coagulation medications to the patient.
- Improperly performed surgery, leading to hypotension (abnormally low blood pressure) and a stroke.
- Failure to administer tissue plasminogen activator (tPA), an FDA-approved clot-busting drug with the ability to stop the progression of a stroke if timely given after the onset of symptoms.
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."
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."
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!"
Free Consultation
With over 45 years experience in stroke 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 stroke 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 stroke 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
- Over 45 years of experience specifically handling complex medical malpractice, personal injury, and stroke misdiagnosis cases in New York.
- Multi-year New York Super Lawyer.
- A history of multi-million dollar verdicts and settlements for her stroke 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.
Michael V. Kaplen - Senior Partner and Personal Injury Attorney
- Over 45 years of experience specifically handling complex medical malpractice, personal injury, and stroke malpractice litigation in New York.
- Multi-year New York Super Lawyer.
- A history of multi-million dollar award settlements for his stroke 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.
- 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)
The Legal Process: What Happens After De Caro & Kaplen, LLP Accepts Your Stroke Malpractice Case?
Upon taking a stroke malpractice case, our partners Shana De Caro and Michael V. Kaplen will carefully review hospital and medical records and radiological studies to uncover answers to these important questions:
- Was the stroke properly and timely diagnosed?
- Did the hospital or doctor perform the appropriate tests?
- Were the patient’s signs, symptoms, and history properly evaluated?
- Was the stroke properly prevented from taking place or spreading?
- Was proper and timely stroke medication administered?
- Was the patient deprived of the chance for a better outcome?
Our firm obtains the following documents in pre-trial discovery to prove malpractice on the part of the doctor and hospital:
- Certified Stroke Center Application to DOH
- Stroke Protocols
- Radiological Studies
- Audit Trail for Accurate Documentation of Hospital Records
Our goal is to obtain a recovery that includes all the losses suffered by our client, including lost wages and earning potential, current and future medical and rehabilitation expenses, and even emotional distress. We work with experts including certified Life Care Planners, and aggressively pursue the maximum settlement for our clients. If a settlement cannot be reached we will take the case to trial.
What Are The Warning Signs of a Stroke?
A stroke occurs when the supply of oxygen to the brain is completely cut off or significantly reduced. An ischemic stroke is the result of an obstruction, such as a blood clot. When broken blood vessels cause blood to leak into the brain, it is known as a hemorrhagic stroke.
In some instances, strokes can occur from a blood vessel in the neck that is damaged from trauma, causing a clot to form that travels to the brain. This is known as a cervical artery dissection or vertebral artery dissection.
Signs of a stroke include:
- Sudden numbness or weakness of the face, arm, or leg (especially on one side of the body)
- Sudden confusion and/or trouble speaking or understanding
- Sudden vision impairment in one or both eyes
- Sudden difficulty walking, dizziness, or loss of balance or coordination
- Sudden onset of a severe headache with no apparent cause
The acronym FAST (Facial drooping, Arm weakness, Speech difficulties and Time) has been used by the National Stroke Association, American Heart Association and others to educate the public on detecting symptoms of a stroke.
Frequently Asked Questions
Does De Caro & Kaplen, LLP have experience with different types of strokes like ischemic and hemorrhagic?
Yes, our firm has specific experience with both ischemic and hemorrhagic stroke cases and has obtained multi-million dollar settlements for our clients in many different types of stroke case.
Does De Caro & Kaplen, LLP specialize in brain injury cases, or are they general personal injury lawyers?
Our firm concentrates in traumatic brain injury (TBI) and neurological litigation. Known as 'The Brain Injury Law Firm,' our partners Shana De Caro and Michael V. Kaplen have held leadership positions in the Brain Injury Association of America and the Brain Injury Association of New York State.
Does De Caro & Kaplen, LLP understand the 'Time is Brain' protocols for stroke treatment?
Absolutely. We understand the critical importance of 'Time is Brain' protocols. Our partners are knowledgeable about the time-sensitive administration of tPA (within 4.5 hours) and the use of thrombectomy (up to 24 hours) in stroke treatment.
Has De Caro & Kaplen, LLP taken stroke cases to trial and won significant jury verdicts?
Yes. Michael V. Kaplen is Board Certified as a Civil Trial Advocate and has achieved multi-million dollar verdicts in stroke and medical malpractice cases. His summations have been published in the Matthew Bender, Art of Advocacy Series.
Can De Caro & Kaplen, LLP prove 'Loss of Chance' in a New York stroke malpractice 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 stroke malpractice cases we handle.
What are the deadlines for filing a stroke misdiagnosis or malpractice lawsuit in New York?
The statute of limitations for medical malpractice in New York is 2 years and 6 months, and for wrongful death claims, it is 2 years. If you believe you have a case, we encourage you to contact our attorneys as soon as possible to ensure you don't exceed time limits.
Does De Caro & Kaplen, LLP use Life Care Planners to calculate long-term damages in stroke cases?
Yes, we utilize Life Care Planners to accurately detail the future needs, loss of earnings, and associated costs for survivors of brain injuries, including those resulting from strokes. This ensures comprehensive calculation of long-term damages.
Does De Caro & Kaplen, LLP guarantee a specific outcome for my stroke case?
No, we cannot guarantee a specific result in any legal matter. As stated in our Terms of Service, testimonials or past case results do not guarantee future outcomes. We focus on providing the best possible legal representation.
Does De Caro & Kaplen, LLP have leadership roles in brain injury organizations?
Yes, our partners are actively involved in leading brain injury advocacy. Shana De Caro served two terms as Chairwoman of The Brain Injury Association of America (BIAA), and Michael V. Kaplen is the past president of the Brain Injury Association of New York State (BIANYS).
Start Your Stroke Misdiagnosis or Malpractice Case Today With a Free, No Obligation Consultation
If you experienced stroke complications following misdiagnosis or improper treatment, you and your family deserve to be compensated. Let our New York medical malpractice lawyers put their specialized skill set to work for you. You pay no legal fees unless we successfully conclude your case. Contact us today by using the form, or call us on (866) 272 4652.