Our Credentials
Michael Kaplen
Chair
New York State Traumatic
Brain Injury Coordinating Council

Vice President
New York State Academy of Trial Lawyers

3 Term President
Brain Injury Association of
New York State

Past Chair
Traumatic Brain Injury Litigation
Group: American Association
For Justice

Past Chair
Motor Vehicle, Highway, Premises
Liability Section: American Association
For Justice

National Advisory Board
Association of Interstate
Trucking Lawyers of America

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

Board of Directors
Trial Lawyers for Public Justice

Board of Governors, American Board of Professional Liability Attorneys

Board of Directors
New York Academy of Trial Lawyers

Editorial Board
Neurolaw Letter

Board Certified
Civil Trial Advocate
National Board of Trial Advocacy*

Board Certified
American Board of Professional
Liability Attorneys
Medical Liability*

Sustaining Member:
American Association for Justice
Public Justice Foundation

Member:
N.Y.S. Trial Lawyers Association
Florida Academy of Trial Lawyers
Southern Trial Lawyers
Association-Fellow
North American Brain Injury Association

Honors & Awards:

New York Super Lawyer
2006, 2007, 2008, 2009

Top 100 New York Trial Lawyers -
American Trial Lawyer Association

Trial Lawyers for Public Justice
Public Achievement Award

Shana DeCaro

Treasurer
Traumatic Brain Injury Litigation Group: American Association for Justice

Board of Advisors
Civil Justice Foundation

Fellow
American Association for Justice

Editor
Law Update
New York Academy of Trial Lawyers

Honors and Awards

Trial Lawyers for Public Justice
Public Achievement Award

Who's Who in American Women

Who's Who in American Law

Top 100 New York Trial Lawyers-American Trial Lawyers Association

Elite Lawyers Of America


Member:

New York Academy of Trial Lawyers

New York State Trial Lawyers Association

Brain Injury Association New York State

North American Brain Injury Association

* The National Board of Trial Advocacy and the American Board of Professional Liability Attorneys are not affiliated with any government authority. Certification is not a requirement for the practice of law in the State of New York and does not necessarily indicate greater competence than other attorneys experienced in this field of law.

Nursing Home Negligence and Nursing Home Neglect

Nursing home negligence and nursing home malpractice is a serious problem in many nursing homes today. Unfortunately the neglect and nursing home abuse that takes place often goes unreported. Victims of nursing home negligence and nursing home abuse deserve proper compensation for their injuries.

In reviewing patient care in nursing homes, we have seen patients who are not properly attended to leading to falls. We have seen inadequate nursing care resulting in bed sores and medication errors. The nursing home may not have proper staffing resulting in poor supervision and patients wandering off and getting lost. Sadly, we have also investigated cases of patient abuse in nursing homes and nursing care facilities.

Our Experience as Nursing Home Negligence Lawyers

At De Caro & Kaplen, LLP our lawyers have successfully represented victims of nursing home negligence and nursing home malpractice for over twenty five years. With over a quarter of a century of experience, we have prosecuted cases of nursing home negligence, nursing home malpractice and nursing home abuse throughout the State of New York. Our nursing home negligence lawyers understand that the root cause of patient injuries in nursing homes is the inadequate and improper care that is received.

Nursing Home Malpractice Cases we've Worked on

Bed Sores

Bed sores are caused by poor medical and nursing care.

Bed sores frequently occur in hospitals and nursing homes as a result of the failure to take proper precautions such as turning a patient every two hours, allowing a patient to remain in their own urine and the failure to eliminate pressure points on a patient's skin.

We have found that although bed sore prevention protocols exist, nursing homes and nursing care facilities often fail to follow them.

Proper prevention techniques and good nursing care will prevent bed sores also known as decubitus ulcers from developing. By carefully reviewing a patient's chart and nursing home staffing patterns we have been able to determine that a patient was not turned at proper intervals causing bed sores to develop that went unrecognized and untreated. Frequently the inadequate care of bed sores causes them to become infected, requiring surgery and months of rehabilitation.

We have been able to successfully obtain compensation for bed sores caused by serious nursing home neglect.

Nursing Home Neglect Often Leads To Patients Falling Down

Falls often take place as a result of nursing home neglect because without proper aid given to them, patients may be allowed to get out of bed or walk without assistance.

Nursing home patients may also be forced to leave their beds and go to the bathroom alone because their calls for assistance have been ignored. In some cases, patient's can fall out of bed because proper bed rails or patient restraints were not in place. In other instances, patients suffering from dementia have wandered out of the nursing home because they were not properly supervised or the nursing home lacked sufficient monitoring equipment.

We have even been involved in cases where a patient was dropped because of the lack of transfer skills by nursing home staff or because not enough staff was present to insure a safe transfer.

In most instances, falls in nursing home are preventable if proper care and precautions were taken.

Incompetent Nursing Home Staff

We have been involved in nursing home malpractice cases where improper staffing has led to patient injury. In one nursing home negligence case, there was only one nurse responsible for more patients then it was possible to handle. Due to the lack of trained nurses, it became impossible to render nursing care to all the patients requiring assistance.

In another case of serious nursing home negligence, responsibility for care was left to unskilled aides and orderlies because the nursing home was attempting to save money.

Nursing Home Abuse

Sadly, elderly abuse including physical and sexual abuse at has been encountered in some nursing home malpractice cases. Untrained personnel as well as those who have not had sufficient background checks have been hired by nursing homes. Also, at times clues that should alert the nursing home administration to elderly abuse are ignored.

Poor Nutrition at Nursing Homes
Poor attention to a nursing home patient's nutritional requirements can lead to injury or even death. Improper hydration of the patient, the failure to provide the patient with a sufficient amount of calories and providing food that a patient cannot tolerate have all been encountered in cases of nursing home negligence.

We Care About Good Nursing Home Care

The skilled nursing home negligence lawyers at DE CARO & KAPLEN, LLP understand the patterns of abuse in nursing homes. In prosecuting cases of nursing home abuse and nursing home neglect, we make it a practice not only to obtain and carefully review a nursing home patient's medical records, we also get court orders allowing us to obtain and review the internal records of the nursing home itself including staffing records, internal memos and rules and policies.

All too often the true facts surrounding nursing home negligence are hidden from patient's and their families. Injuries resulting from nursing home negligence are not reported to family members and patients do not receive the care they deserve. As nursing home negligence lawyers, we believe that all patient's are entitled to quality nursing home care and deserve proper compensation when they are the victim of nursing home neglect and nursing home malpractice.

Additionally, we obtain the records and inspection reports from the Health Department to uncover past patterns of elderly abuse and inadequate nursing home care. We maintain up to date copies of all applicable state nursing home codes that allows us to determine whether a nursing home has complied with state regulations.If you think that you or a loved one has been a victim of nursing home negligence, isn't it time that you consult with an experienced nursing home negligence lawyer?

If your loved one has sustained bed sores, broken bones, malnutrition, physical abuse, or sexual abuse while a patient in a New York nursing home, contact the nursing home malpractice lawyers at De Caro & Kaplen, LLP. Schedule a free, no obligation appointment with the nursing home care attorneys at DE CARO & KAPLEN, LLP. Call us toll free at 1 866 BRAIN LAW.

Our team of talented nursing home malpractice lawyers 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 lawyers who have the knowledge and experience in nursing home negligence cases to get the job done right.