Professional Affiliations
Michael Kaplen
Chair
New York State Traumatic
Brain Injury Coordinating Council

3 Term President
Brain Injury Association of
New York State

Past Chair
Traumatic Brain Injury Litigation
Group Association of Trial
Lawyers of America

Past Chair
Motor Vehicle, Highway, Premises
Liability Section Association of
Trial Lawyers of America

Past Co-Chair
Tort Section, New York County
Lawyers Association

Board of Directors
Trial Lawyers for Public Justice

Editorial Board
Neurolaw Letter

Certified
Civil Trial Advocate
National Board of Trial Advocacy

Member
Association of Trial Lawyers
of America-Sustaining Member

New York State Trial Lawyers
Association

Florida Academy of Trial Lawyers

Trial Lawyers for Public
Justice- Bd of Dir.

Southern Trial Lawyers
Association-Fellow

New York County Lawyers
Association

Shana DeCaro
Treasurer
Traumatic Brain Injury Litigation Group
American Association for Justice

Board of Trustees
Civil Justice Foundation

Fellow
American Association for Justice

Member
Brain Injury Association New York State

Member
North American Brain Injury Association

Member
New York State Trial Lawyers Association

A New York Medical Malpractice Law Firm Ready To Assist Your Family And Yourself For Claims Of Medical Negligence And Medical Errors

If you have been a victim of medical error or are the family member of someone who has died as a result of medical malpractice, contact the malpractice attorneys at DeCaro & Kaplen, LLP. As an experienced New York medical malpractice law firm, we know how to obtain justice for your loved ones or yourself when injury or death occurs as a result of medical error.

Pursuing Justice with a passion--
making a difference in lives.

What set's us apart from most personal injury law firms is our commitment and passion to protect the rights of brain injury victims.

De Caro & Kaplen, LLP Provides Compassionate Legal Representation to the Victims of Medical Malpractice and Their Families

Over the last twenty six years, our medical malpractice law firm has successfully handled cases of medical error in cases of faulty diagnosis, surgical errors, medication errors and poor hospital care.

We have successfully prosecuted cases following improperly performed surgery and orthopedic procedures, improper treatment and diagnosis by ENT specialists, inappropriate care of infections, the failure to properly deliver a baby, and misdiagnosis and treatment by gynecologists, surgeons, neurologists, interns, pediatricians and other medical specialists.

We have successfully handled cases where treatment was properly rendered in emergency rooms, where objects were left in a person's body during surgery and where poor care led to the development of bed sores.

Our New York medical malpractice lawyers stand ready to assist your loved one or yourself for injuries caused by poor medical care.

OUR MEDICAL MALPRACTICE EXPERIENCE

Few law firms can claim that both of their partners have been appointed to New York State court panels charged with the responsibility to impartially review medical malpractice claims. New York Medical Malpractice Lawyer and senior Partner, MICHAEL KAPLEN has taught courses in medical malpractice as well as trial practice techniques at St. John's University School of Law.

Because of his knowledge and the respect he has earned, Michael has been invited to lecture to patient groups about the perils of medical malpractice as well as to physicians and hospitals about malpractice prevention.

New York Medical Malpractice lawyer and Partner, SHANA DE CARO has worked within the Court system as the principal legal assistant to a Justice of the Supreme Court, Brooklyn, New York to reach a fair result in medical negligence cases and nursing home negligence cases and understands the unique evidence and legal problems that most be overcome in handling these highly complex cases.

Here are some examples of the medical malpractice cases that we have successfully handled.

Medical Errors in Orthopedics

The treatment of broken bones by orthopedic doctors presents many opportunities for careless treatment and needless injury. In one case, our thorough investigation discovered that the cause of nerve damage sustained by a young man was due to a cast that was placed too tightly on his leg by an orthopedic surgeon during the repair of a fracture.

In another orthopedic malpractice case, the failure of the surgeons to properly clean the wound and give their patient antibiotic's before placing a cast, resulted in the tragic loss of the patient's leg. A careful review of the hospital record revealed the failure to prescribe proper antibiotics and a search of medical text books and medical articles allowed us to prove that the doctors failed to follow standard medical treatment for this type of injury.

Following the placement of screws in a patient's ankle to hold a fracture in place, the patient complained of excruciating pain, but the operating room doctors never took a follow up x rays to determine the source of the pain. Had they done so, they would have discovered that the screw they placed was improperly positioned and was impinging upon a nerve. If a simple follow up x ray should have been taken before the patient left the operating room to determine if the screw was properly positioned.

Medical Malpractice Cases Involving the Ear, Nose and Throat

A seventeen year old boy with severe headaches was taken by his mother to the local hospital's emergency room. A CT scan showed that he was suffering from sinusitis in all of his sinus cavities. Despite the seriousness of this condition, the doctors did not drain his sinuses. This allowed the situation to worsen, resulting in the progression of his infection into his brain causing devastating brain damage. When we reviewed his medical records and CT scans with qualified experts we were able to determine that the spread of his infection would have been prevented if proper surgical care had been rendered.

Improper Treatment of Infectious Disease

Frequently, tragic medical errors can be prevented if doctors seek the guidance of competent specialists.

Upon returning from India with high fever, a family sought the assistance of their family doctor. Despite knowing that they just returned from a region where malaria was prevalent, the doctor failed to take required blood tests to determine if they had contracted this condition and instead treated them as if they had the flu.

This tragic mistake allowed the malaria to worsen for several days causing them to become gravely ill. Compounding his medical negligence, after he finally took a required blood test, he failed to consult with an infectious disease specialist and administered the wrong medication to his patients.

The medical malpractice led to the unfortunate death of one family member.

Our medical malpractice law firm was retained to investigate the care received. After obtaining the physician's office records and all of the hospital records, we consulted with infectious disease specialists who guided us on proper treatment protocols, and we were able to prove the medical negligence that took place.

Medical Malpractice in the Care of Children

Pediatricians and other medical personnel are frequently called upon to treat life threatening conditions in newborns and children. The tragic medical errors that are sometimes make can lead to life long disabilities.

An example of such a medical error causing brain damage in children is the failure to diagnose meningitis or to take the proper steps to treat this truly dangerous illness. We frequently see cases of meningitis that were preventable if a pediatrician or an emergency room physician ordered a proper blood test and started the child on proper antibiotics.

The New York medical malpractice law firm of De Caro & Kaplen has been called upon to represent children who have suffered brain injury because their meningitis went untreated due to failures on the part of pediatricians and emergency room personnel to take the necessary steps to make a proper diagnosis and begin the urgent treatment to stop the progression of this condition.

We have also been called to represent children who became deaf because inappropriate antibiotics were administered to them. These medications known as ototoxic medications need to be administered with great care and caution.

We have investigated malpractice cases where these ototoxic drugs were given without proper testing, at doses that were to high and without the required testing to determine if nerve damage and deafness was beginning to develop.

Neurosurgery Malpractice

The training of neurosurgeons takes many years. Frequently, inexperienced neurosurgical residents are improperly allowed to perform difficult procedures or are not properly supervised by senior staff. These failures lead to tragic and preventable brain damage.

Our medical malpractice law firm has successfully prosecuted a case where a major blood vessel in a young girl's brain was damaged because of faulty surgical technique. The surgery sadly was performed by an inexperienced neurosurgical resident without proper supervision.

The surgical errors were retraced by the neurosugical team retained by our malpractice law team and we were able to recreate how this tragic surgical error took place. Our result led to a significant sum of money being set aside to provide proper care for this young girl.

Internists Committing Medical Malpractice

Often times a patient's sign and symptoms are ignored by their internist resulting in wrongful deaths or serious injury. These medical errors and the improper diagnosis of the patient's condition that results are frequently investigated by our New York medical malpractice law firm.

When a patient complains of chest pain, not only should an EKG be promptly taken, but it must be properly analyzed. In one case, although the internist took an EKG of his patient with such symptoms, it was not appropriately read. Instead of beginning life saving treatment, his patient was mistakenly sent home with a diagnosis of muscle sprain. Several hours later the patient sustained a massive heart attack and died.

Our medical malpractice lawyers were able to obtain the EKG strips which we had reviewed . We were able to successfully prove that the internist misread the EKG strips and missed the critical chance to save this patient's life.

In other cases, we have seen physicians fail to appreciate the symptoms of an impending stroke and as a result fail to timely administer stroke preventing medication. The resulting brain damage could have been prevented if a timely and correct diagnosis was made.

Misdiagnosed Cancer Malpractice
Cancer is often misdiagnosed because of the failure on the part of a physician to appreciate the signs of cancer that he is seeing or the complaints of cancer that a patient is making. These medical errors deprive a patient of a chance for a cure.

We have been called to investigate cases of medical error where a physician fails to realize the seriousness of a lump in the breast, complaints of rectal discomfort or bleeding, or changes in weight. Instead of promptly taking a biopsy, performing scans to see if any internal lesions are present and taking blood samples, a patient is dismissed and sent home with the lost opportunity for life saving cancer treatment.

Our New York medical malpractice attorneys have successfully handled cases where women with lumps in their breast were not given prompt biopsies and were improperly reassured that there was no cause for concern. In another instance, even though the patient complained of a bloody discharge from her nipple, she was sent home with an improper diagnosis of infection without any important testing or follow up.

We have seen cases where gastrointestinal screening should have been undertaken which would have revealed gastric cancer at a point in time where a complete cure was possible. Instead, the delay by physicians in making a proper diagnosis led to an incurable and deadly cancer.

Personal service

At our law firm, your case will only be handled by our New York malpractice attorney, SHANA DE CARO and New York malpractice attorney, MICHAEL KAPLEN. They will handle all aspects of your case and treat your family and yourself with dignity and compassion. They DO NOT represent Doctors, Hospitals, Nursing Homes or Insurance Companies. THEIR ONLY INTEREST IS YOU. They are proud to say that they are medical malpractice lawyers who represent victims of medical negligence throughout New York State.

Creating a level playing field

At De Caro & Kaplen, LLP, our job is to level the playing field. And with over 26 years of experience investigating and prosecuting medical and hospital malpractice claims, few attorneys know how to do it as well as we do. When doctors and hospitals get into trouble they seek out lawyers and insurance companies to protect their interests. --Aren't you entitled to the best malpractice lawyers to fix the blame and represent your interests. Unfortunately, many persons have not received and will not receive adequate compensation for their injuries because they did not have proper representation. A medical malpractice lawyer representing a person and their family in this area of the law should possess the requisite knowledge, education and experience.

FREE NO OBLIGATION APPOINTMENT

If you think that you or a loved one has been a victim of medical malpractice, it is time that you consult with an experience malpractice attorney. Schedule a free, no obligation appointment with the medical malpractice lawyers at DE CARO & KAPLEN, LLP. Our team of talented attorneys will assess your case for free and explore your legal options. Isn't it time that you fight back. Shift the scales in your favor with malpractice lawyers who have the knowledge and experience to get the job done right.

If you have been the victim of medical malpractice, hospital malpractice or nursing home negligence or nursing home malpractice, contact a New York malpractice lawyer at De Caro & Kaplen, LLP for a no obligation consultation.

Toll free 1 866 BRAINLAW or e mail us at Michael@brainlaw.com