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De Caro & Kaplen, LLP
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New York Nursing Home Abuse Lawyers

De Caro & Kaplen partners Shana De Caro and Michael V. Kaplen represent victims of nursing home abuse and negligence in New York. For over 45 years, our personal injury law firm, has successfully recovered substantial awards and settlements for nursing home residents harmed by negligence or abuse in NYC facilities, including a recent $1.25M settlement in a case involving a fall. We work with medical experts including geriatricians to fully establish damages and future care requirements, and while many cases will result in settlement, we are always fully prepared to go to trial. 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 and let De Caro & Kaplen fight for justice and compensation while you focus on recovery.

Why Choose De Caro & Kaplen, LLP for Nursing Home Negligence in New York

  • Contingency Fee Representation: When you hire De Caro & Kaplen for your nursing home abuse case there are zero upfront fees to pay. Our payment is contingent on the successful resolution of your case, and our firm advances all costs.
  • Specialized Injury Expertise: In over 45 years advocating for nursing home negligence victims in New York we have successfully prosecuted cases involving decubitus ulcers (bedsores), preventable falls, hip fractures, malnutrition, and medication errors.
  • We’re Prepared To Go To Trial: From the moment you hire us, we prepare every case as if it will go to trial. We obtain court orders to procure internal staffing records and facility memos often hidden from families.
  • Regulatory Knowledge: Our partners Shana De Caro and Michael V. Kaplen have deep familiarity with nursing home resident protections including NY Public Health Law § 2801-d and 10 NYCRR § 415, which allows us to identify violations of state and federal care standards.
  • Comprehensive Investigation: We obtain and review DOH inspection reports and facility deficiency citations to establish patterns of systemic neglect and corporate liability.
  • Work Directly With Our Partners: Our partners Shana De Caro and Michael V. Kaplen will personally handle your case from start to finish, with direct access at all times.

A History of Multi-Million Dollars Verdicts & Settlements in Nursing Home Abuse Cases

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

  • $1,500,000 settlement for a nursing home resident who sustained a head injury and hip fracture in a fall due to nursing home negligence.
  • $1,250,000 settlement for a nursing home resident who fell and broke her leg after being compelled to get out bed without assistance.
  • $1,000,000 settlement for a nursing home resident injured during a wheelchair-to-bed transfer when staff dropped her because of improper transfer protocol and inadequate training.
  • $850,000 settlement for a client who developed a stage 4 sacral bed sore while an inpatient in a NYC nursing home

 

Our Credentials, Recognition & Track Record in Nursing Home Abuse

  • Over 4 Decades of Experience: De Caro & Kaplen, LLP has over 45 years of experience specifically handling complex medical malpractice, personal injury, and nursing home litigation in New York.
  • Peer-Recognized Excellence: Partners Michael V. Kaplen and Shana De Caro are multi-year New York Super Lawyers.
  • Medical Expert Network: Our firm has direct access to geriatricians, rehabilitation specialists, and life-care planners, enabling us to accurately establish liability and quantify long-term damages and care requirements.
  • Covering NYC and New York State: Comprehensive representation across all five NYC boroughs, Long Island, Westchester, and Upstate regions including Albany, Buffalo, and Syracuse.
  • Proven Results: De Caro & Kaplen, LLP has a history of significant recoveries for our nursing home abuse clients, including a recent $1.5M settlement for a nursing home fall and $850k for bedsore negligence.

What Types Of Nursing Home Abuse Cases Can We Assist With?

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

  • Nursing home abuse
  • Incompetent or inadequate nursing home staff
  • Bed sores
  • Falls due to nursing home neglect
  • Poor nutrition
  • Hip fractures
  • Emotional, mental, or verbal abuse
  • Burns
  • Medication errors
  • Physical and sexual abuse
  • Financial exploitation

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 nursing home abuse 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 nursing home negligence 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 nursing home abuse or 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 nursing home litigation in New York.
  • Multi-year New York Super Lawyer.
  • A history of multi-million dollar verdicts and settlements for her nursing home abuse 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.
  • 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 nursing home litigation in New York.
  • Multi-year New York Super Lawyer.
  • A history of multi-million dollar award settlements for his nursing home abuse 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.
  • 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.

The Legal Process: What Happens After De Caro & Kaplen, LLP Accepts Your Nursing Home Abuse Case?

After accepting your New York nursing home abuse case our attorneys will:

  • Obtain and carefully review your (or your loved ones) medical records
  • Obtain nursing home’s internal records (including staffing records, internal memos, rules and procedures
  • Obtain records and inspection reports from the Health Department to uncover patterns of elder abuse and inadequate care
  • Determine whether a nursing home has complied with state and federal care regulations
  • Treat you with the compassion and respect you deserve
  • Work on a contingency basis (you only pay if we succeed in receiving compensation for your injuries)
  • Prepare every case as if it will go to trial (we are prepared to do so)

Who Is Liable For Nursing Home Abuse in New York?

Any individual or entity who has caused harm through negligence or abuse may be liable. In nursing home abuse cases, this could include (but is not limited to):

  • Nursing homes and/or their parent companies if applicable
  • Doctors and physicians assistants
  • All nursing staff and assistants
  • Contracted vendors and care providers
  • Security staff
  • Custodians, groundskeepers, and maintenance staff

Frequently Asked Questions

Below are some common questions we are asked by clients when taking on a nursing home abuse or negligence case in New York.

How does De Caro & Kaplen, LLP charge for nursing home abuse cases in New York?

At De Caro & Kaplen, LLP we work on a contingency fee basis for nursing home abuse cases. This means you only pay us if we successfully obtain compensation for you and your family. There are no upfront costs to you, and our firm covers all court and filing costs. Our goal is to make legal representation accessible when you need it most.

Does De Caro & Kaplen, LLP understand New York's Public Health Law regarding nursing homes?

Yes, our partners Shana De Caro and Michael V. Kaplen are well-versed in New York's Public Health Law § 2801-d. We understand its importance in reporting and pursuing cases of nursing home abuse and neglect. This knowledge is crucial in building a strong case for our clients who have suffered due to substandard care.

Is De Caro & Kaplen, LLP ready to take nursing home abuse cases to trial in New York?

Our partners Shana De Caro & Michael V. Kaplen prepare every case for trial from the very beginning. If we cannot reach a fair and adequate settlement in your case, we are fully prepared to take it to a jury verdict. Our trial readiness is a key part of our commitment to fighting for justice.

Can De Caro & Kaplen, LLP access medical experts for my nursing home abuse case?

Yes, our firm has access to a network of highly qualified medical experts. This includes doctors specializing in geriatric medical care and physical and rehabilitation medicine. These experts are vital in evaluating the extent of harm and supporting your claim.

Does De Caro & Kaplen, LLP investigate DOH inspection reports for nursing home abuse cases?

Yes, De Caro & Kaplen, LLP routinely obtains and reviews Department of Health (DOH) inspection reports and facility citations. This information is critical for building a comprehensive case by uncovering documented deficiencies and patterns of neglect at the nursing home.

What are the deadlines for filing a nursing home abuse 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.

How does De Caro & Kaplen, LLP ensure it is in good standing with New York legal bodies?

Our partners Shana De Caro and Michael V. Kaplen have demonstrated their high standing by serving on New York State Supreme Court medical malpractice review panels and as officers of prominent New York law associations. This involvement, along with maintaining good standing with the NY State Bar and OCA records, underscores our commitment to ethical and competent legal practice.

Does De Caro & Kaplen, LLP promise quick wins or specific settlement amounts?

No, our firm avoids making unrealistic guarantees or promises of quick wins. We focus on pursuing justice and fighting diligently for adequate compensation for our clients. Our commitment is to thorough representation, not to predetermined outcomes.

What areas of New York does De Caro & Kaplen, LLP serve?

Our nursing home negligence 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.

 

Start Your Nursing Home Negligence or Abuse Case Today With a Free, No Obligation Consultation

Don’t wait another day to pursue justice for yourself and your family. Contact De Caro & Kaplen, LLP today to discuss your legal right to obtain compensation.

Our partners Shana De Caro and Michael V. Kaplen can represent patients in cases involving any form of nursing home negligence or abuse, including:

  • Nursing home abuse
  • Incompetent or inadequate nursing home staff
  • Bed sores
  • Falls due to nursing home neglect
  • Poor nutrition
  • Hip fractures
  • Emotional, mental, or verbal abuse
  • Burns
  • Medication errors
  • Physical and sexual abuse
  • Financial exploitation

Use the form to get in touch with our attorneys, or call us on (212) 732 2262.

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Further Information About Nursing Home Abuse and Negligence in New York

For further information on nursing home abuse and negligence, refer to the following guides, 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
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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

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