Respected for our medical, hospital and nursing home malpractice knowledge and experience.
NEW YORK MEDICAL, HOSPITAL & NURSING HOME MALPRACTICE LAWYER
NEW YORK MEDICAL, HOSPITAL & NURSING HOME MALPRACTICE ATTORNEY
With 25 years of experience in pursuing claims of poor medical and surgical care, the New York medical, hospital and nursing home malpractice lawyers at DE CARO & KAPLEN, LLP have the knowledge and skills to properly represent you or your loved one. Our expertise is valued and respected both inside as well as outside the courtroom.
WHERE WE PRACTICE
We have successfully handled malpractice cases throughout New York City including Brooklyn, Bronx, Manhattan, Staten Island and Queens. We have also successfully handled medical malpractice cases throughout New York State including Albany, Buffalo, Long Island, Nassau, Rockland, Suffolk, Syracuse, Westchester and surrounding areas.
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.
Complaints about health care in New York State
The TRUTH About Medical Malpractice
Opponents of medical malpractice cases would like you to believe that there are too many lawsuits. But the real problem with medical malpractice IS medical malpractice. Every year, thousands of patients needlessly die or are seriously injured by incompetent doctors, poor hospital and poor nursing home care.
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.
Creating a level playing field
At De Caro & Kaplen, LLP, our job is to level the playing field. And with 25 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.
Below are just some of the areas of medical, hospital and nursing home malpractice in which we have extensive experience:
- Surgical errors
- Anesthesia errors
- Nursing errors
- Nursing Home Negligence
- Emergency room malpractice
- Hospital staff errors
- Misdiagnosis of a medical condition
- Failure to render proper treatment
- Failure to timely respond to a medical emergency
- Failure to timely respond to a surgical emergency
- Failure to prescribe proper medication
- Failure to diagnose cancer
- Poor obstetrical and gynecology care
- Poor pediatric care
- Poor orthopedic care
- Poor neurosurgeon care
- Improper advice by a doctor
- Falls in hospital or nursing homes
- Bed Sores
No fee unless we are successful
Your access to justice is not compromised or dependent upon your financial situation. We do not charge a fee unless we are successful at the conclusion of your case. This is called the contingency fee agreement and allows the courtroom to be accessible to all. Under this system, an injured person and their family can afford to retain the most qualified medical malpractice attorney.
Over the past 25 years we have successfully obtained multimillion dollar verdicts and settlements for our clients in New York City and throughout New York State. We have successfully brought law suits against doctors, hospitals and nursing homes for needless injury and death caused to our clients. Our results have been reported in leading newspapers, television news programs and in legal periodicals. Our cases have been reported in the New York Times, New York Daily News, New York Post, Newsday, on the Associated Press wire services, on CBS news, NBC news, ABC news, Fox News and on radio stations, television networks, and newspapers throughout the country.
MEDICAL MALPRACTICE, AN EPIDEMIC THAT’S SPREADING.
Doctors and hospitals and nursing homes want patients and their families to believe that the tragedy that has happened was no one’s fault and could not be avoided. Unfortunately, that’s not so. The lawyers at DE CARO & KAPLEN, LLP know that most medical and surgical errors are avoidable and preventable if good care and proper attention was paid to patients. Tragically, recent studies have found that at least 98,000 Americans die — and millions more are injured — as a result of medical errors in hospitals alone. Thousands more are injured because of mistakes in doctor’s offices, nursing homes and outpatient facilities. And about two million people acquire infections according to the Centers for Disease Control because of inadequate care and patient safety. These errors and horrors have been covered up for years by the medical profession.
According to a recent national study and survey on medical errors:
- One in Three People Say They or Their Family Member Have Experienced a Medical Error
- One in Five Say It was Serious
- 45% of U.S. residents say they are concerned about the safety of the medical care they or their family members receive.
- 55% of U.S. residents say they are dissatisfied with the quality of health care they or their family members receive. [Survey conducted by Kaiser Family Foundation, U.S. Agency for Health Care Research and Quality and Harvard School of Public Health]
GOOD PATIENT CARE IS GOOD MEDICINE
We understand the medicine behind good patient care and retain the most qualified medical experts to review your records with us and testify in Court on your behalf. We are experienced in reading and understanding hospital charts and can determine if changes were made to your records to protect the doctor or hospital. We will take the sworn deposition testimony of those responsible for medical and surgical errors and prove to a jury that proper care was not rendered.
WHAT IS MEDICAL OR HOSPITAL MALPRACTICE?
MEDICAL MALPRACTICE
Malpractice is the failure of a doctor, surgeon, nurse, hospital, nursing home or other health facility to meet the standard of care in the area that the individual specializes or is practicing. When a health care professional, a medical facility such as a hospital, nursing home, medical testing facility or clinic fails to live up to the standard of good medical practice and harm results to a patient, the medical professional or medical facility may be liable for any resulting damages.
Our attorneys have successfully represented victims of medical malpractice, surgical malpractice, hospital negligence and poor care at a nursing home for the past 25 years. We have successfully represented persons who have sustained serious injury or death as a result of medical malpractice, surgical malpractice, surgical errors, medical errors, misdiagnosis, medication errors, orthopedic malpractice, neurological malpractice, obstetrical malpractice, infections, bed sores, and the failure to properly diagnosis or treat a medical condition.
Medical Malpractice occurs in a variety of ways, both in and out of the hospital. It can occur in a doctor’s office when a careful examination is not done or when the patient’s complaints are ignored. Sometimes it’s a failure to properly diagnose a condition or in ignoring the patient’s signs and symptoms, other times a correct diagnosis is made, but proper treatment is not given or proper medication is not prescribed. Sometimes tests are misread or never even ordered. In other instances, a proper specialist is not called for advice.
HOSPITAL MALPRACTICE
In hospitals, malpractice occurs both in and out of the operating room. In the operating room, malpractice can occur because of surgical errors or anesthesia errors. In many instances, the surgery is performed by an intern or resident. In some cases, the failure to deliver proper nursing care results in bed sores developing. In other cases, poor nursing care can lead to the wrong drugs and medication being given to a patient or medication in the wrong dosages.
In hospital rooms, we have seen medication errors, the wrong medication or the wrong dosage given to a patient, improper injections causing nerve damage and improper positioning in bed causing bed sores are frequent causes of injury to patient’s in a hospital. We have handled cases where a doctor or nurse fails to timely respond to an emergency situation or fails to treat an infection properly.
ANESTHESIA MALPRACTICE
In anesthesia mishaps, the patient’s blood pressure and pulse may not be properly monitored or a vital breathing tube is misplaced. Sometimes a patient is not connected to proper monitoring devices. We have also successfully handled cases where a sponge, scissor or other surgical instruments are left inside a patient’s body!
OBSTETRICAL AND BIRTH INJURY MALPRACTICE
The obstetrical field causes many devastating injuries to both mothers and newborns. Infants born with cerebral palsy, erbs palsy and other brain or nerve impairments are very often the victims of medical malpractice both at the time of delivery and during the course of the mother’s pre natal care at the obstetrician’s office. Often the mother is also a victim of medical malpractice where conditions such as pre eclampsia and eclampsia are not properly diagnosed and treated. Other toxic conditions or blood pressure conditions go recognized and unchecked leading to death or permanent injury. Frequently infections develop because of improper treatment and a delivery is botched leading to tissue and nerve damage in the mother.
The three most common types of birth injury are Cerebral Palsy, Brachial Plexus Injury and Erb's Palsy. The injuries may be caused by:
- Failure to properly recognize or respond to bleeding including abruptio placenta
- Failure to properly recognize or respond to umbilical cord compression or prolapsed cord
- Failure to properly recognize or respond to fetal distress and fetal monitoring strips
- Failure to properly recognize and treat infections
- Failure to timely perform a Cesarean Section
- Misuse of vacuum extractor
- Misuse of forceps
Cerebral Palsy and Infant Brain Injury is often caused by insufficient amounts of oxygen reaching the brain of the newborn prior to birth. The oxygen supply can be interfered with by the premature separation of the placenta (abruptio placenta), by a placental cord being wrapped around the neck of the fetus, by umbilical cord prolapse, by an unusual position of the baby in the birth canal, labor that is too long or contractions that are too strong. Sometimes, drugs used to stimulate labor such as Pitocin can have tragic effects on the fetus.
Often the lack of oxygen can be identified by the fetal distress that is causes to the infant. This can be measured by proper reading of the fetal monitoring strips. Prompt delivery of the infant, many times utilizing a C section, also known as a Cesarean section can avoid permanent brain injury to the baby.
In cases of Erb's Palsy, also known as shoulder dystocia, the fetus becomes trapped in the birth canal because it is too large to pass through the pelvis or is trying to pass in an improper position. When excess traction is placed on the fetus to pull it out, injury to the brachial plexus, the group of nerves that run from the shoulder to the spine takes place. This injury can cause permanent damage to the hands, arms or shoulders. Proper techniques by the doctor to reposition the baby can avoid this tragic consequence. But more important, doctors should be aware of the potential of this obstetric emergency by carefully determining the potential weight of the baby before active labor begins. Excessive weight gain during the pregnancy, diabetes, obesity, prior delivery of large babies should all lead doctors to suspect the possibility of a large baby and plan for a c section. Often times, if a sonogram is taken and read properly, the malposition of the fetus can be determined and appropriate measures instituted.
Birth trauma lawyers can prove that doctors were negligent in causing cerebral palsy, brain damage, shoulder and arm injury by carefully studying the prenatal medical record and the labor and delivery records while in the hospital. They will look at the fetal monitoring strips, sonograms, blood tests, urine studies and blood pressure readings to determine whether the proper level of care was rendered.
EMERGENCY ROOM MALPRACTICE
Emergency rooms are a class to themselves. A recurring problem in an emergency room is discharging a patient who should have been admitted, failure to have the patient seen by a competent specialist and delaying life saving and essential measures.
PEDIATRIC MEDICAL MALPRACTICE
Unfortunately children are very often the innocent victims of pediatric medical malpractice. The failure to diagnose meningitis and other infections, improper medications and the failure to promptly perform vital surgery are all causes of preventable injury in children. We have seen cases where a hospital does not have a pediatrician on call to see a newborn or young person resulting in care by a physician who lacks the proper experience and knowledge.
NURSING HOME NEGLIGENCE AND NURSING HOME ABUSE
Negligence and malpractice is rampant in nursing homes. Patients are not properly attended to leading to falls. Nursing care is frequently inadequate 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, patient abuse also occurs in nursing homes and care facilities.
In reviewing the horrendous results of the recent studies concerning the causes of medical malpractice, recurring patterns of injury and substandard care are seen. It is obvious that the medical industry is in dire need of quality adherence and control.
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. Proper prevention techniques and good nursing care will prevent bed sores also known as decubitus ulcers from developing.
What a jury is told about doctor malpractice in New York State:
Malpractice is the professional negligence and medical malpractice is the negligence of a doctor. Negligence is the failure to use reasonable care under the circumstances, doing something that a reasonably prudent doctor would not do under the circumstances, or failing to do something that a reasonably prudent doctor would do under the circumstances. It is a deviation or departure from accepted practice.
A doctor who renders medical service to a patient is obligated to have that reasonable degree of knowledge and skill that is expected of an average doctor in that specialty. The doctor must also comply with minimum statewide and national standards.
The law recognizes that there are differences in the abilities of doctors, just as there are differences in the abilities of people engaged in other activities. To practice medicine a doctor is not required to have the extraordinary knowledge and ability that belongs to a few doctors of exceptional ability. However, every doctor is required to keep reasonably informed of new developments in his or her field to practice medicine or surgery in accordance with approved methods and means of treatment in general use. A doctor must also use his or her best judgment and whatever superior knowledge and skill he or she brings possesses, even if the knowledge and skill exceeds that possessed by the Average specialist in the medical community where the doctor practices.
By undertaking to perform a medical service, a doctor does not guarantee a good result. The fact that there was a bad result to the patient, by itself, does not make the doctor liable. The doctor is liable only if he or she was negligent. Whether the doctor was negligent is to be decided on the basis of the facts and conditions existing at the time of the claimed negligence.
If the doctor is negligent, that is, lacks the skill or knowledge required of him or her in providing a medical service, or fails to use reasonable care in providing the service, or fails to exercise his or her best judgment, and such failure is a substantial factor in causing harm to the patient, then the doctor is responsible for the injury or harm caused.
A doctor's responsibility is the same regardless of whether he or she was paid.
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.
Do not discard any prescriptions, medications, bills, insurance forms or other correspondence or information that your doctor has given to you until your lawyer has had an opportunity to review them. Just as importantly, don’t discuss your case with the doctor or hospital, they have been known to change their records if they think you are about to sue them.
IN NEW YORK STATE, COMPLAINTS ABOUT MEDICAL, DOCTOR, HOSPITAL AND NURSING HOME CARE CAN BE MADE AS FOLLOWS:
Professional Medical Conduct Complaints: 1-800-663-6114
Hosptial complaint hotline: 1 800 804 5447
Nursing Home Patient Care Complaints: 1-888-201-4563
Managed Care Complaints:
(including commercial health and medicaid managed care) 1-800-206-8125
Medicaid Fraud Hotline: 1-877-87FRAUD
For further information, visit the New York State Department of Health Complaint Web site.
New York State Hospital Report Card
A quality of care report card has been issued concerning death rates for 15 different procedures and conditions at all hospitals in New York State including those on Long Island and New York City.
Researchers preparing the report looked at medical records of 2.5 million patients statewide to compare death rates for various surgical procedures and medical conditions such as heart attack, stroke, gastrointestinal hemorrhage and Pneumonia. They compared the hospital's performance to the statewide average and made adjustments for demographics and the health of patients at different hospitals. While the state wide average improved this year, several hospitals showed drops in their quality of care. The study also revealed that a growing number of risky procedures are being attempted at hospitals with little or no experience according to published reports.
Patent death rates were a closely guarded secret among hospitals until 2002, when a coalition of watchdog groups persuaded the state to make the information public.
The hospital report card can be found at www.myhealthfinder.com
EVALUATE HOSPITAL PERFORMANCE IN NEW YORK STATE:
You can now evaluate hospital performance in New York State in a new web site sponsored by the New York State Department of Health.
The site evaluates individual New York hospital performance and allows patients to compare hospitals in New York State.
According to press reports, Health Commissioner Antonio Novello said that the site was "intended to serve as a catalyst for patients to begin discussions with their doctors and hospital staff before undergoing specific procedures or treatments."
The New York State Health department web site for hospital performance is an excellent tool to utilize before agreeing to hospitalization in New York State. www.health.state.ny.us/nysdoh/hospital
STEPS TO PROMOTE PATIENT SAFETY
- Check the medication that a pharmacist gives you with the prescription that your doctor wrote.
- Bring a list of all medications, including non prescription drugs that you are taking when you visit a doctor
- Call your doctor to check the results of all tests. Don't assume they are negative because his or her office hasn't contacted you.
- Talk to the surgeon about the details of your surgery. Find out exactly what the surgeon will do, what the risks are and the recovery process. Find out all of your options.
- Bring a friend or relative with you to assist in asking questions and helping you understand what the doctor said.
- Do some investigating on the background of your doctor, whether any complaints have been made against him or her.
OPPOSE LAWS THAT WILL LIMIT YOUR RIGHT TO BRING A MALPRACTICE LAW SUIT
While some doctors may be experiencing difficulty in obtaining medical malpractice insurance, stripping injured patients of their right to civil justice is not the answer. Nothing in proposed legislation would decrease medical malpractice insurance premium costs or increase the availability of medical malpractice insurance. EXTREME LIMITATIONS ON MEDICAL MALPRACTICE REMEDIES ONLY HURT THOSE PATIENTS WITH DEBILITATING INJURIES WHILE DOING NOTHING TO LOWER INSURANCE PREMIUM COSTS.
Arbitrary and discriminatory limitations on damages are unfair. Non economic damages, also known as pain and suffering, compensate patients for very real injuries they have sustained at the hands of negligent doctors and hospitals. These injuries may have resulted in a loss of a limb or sight, the loss of mobility, excruciating pain or permanent and severe disfigurement. They are very real damages and juries need to calculate them fully and fairly. To limit damages to only wage loss unfairly affects the low wage earner, women, children and the elderly and many others who have not sustained economic loss (wages or salary)
Here's What the New York Times Said About Medical Malpractice Reform Proposals in an Editorial on Sunday January 9, 2005:
- Medical Malpractice reform "hurts the hapless patients who suffer grievous harm at the hands of incompetent doctors."
- The President's approach to malpractice reform "would punish many of those most deserving of compensation"
- The best response to the malpractice crisis "one that would benefit the public in general, would be to week out the small number of negligent doctors responsible for generating most of the malpractice awards."
Here's what USA TODAY says about the alarming rate of medical errors in hospitals today in an editorial on April 20, 2006:
"Whose side are they on?
The thought of a surgeon taking a scalpel to the wrong limb, organ or patient sends chills down the spine of anyone who has been in a hospital.
Eighty-four cases of what's known in the business as "wrong-site surgery" were reported in the USA last year. But that's just the "tip of the iceberg," because many hospitals across the country aren't obligated to account for such blunders publicly, says Dennis O'Leary, who heads a group that inspects health care facilities.
The chances of wrong-site surgery are slim — about one in 113,000 operations, a study published Tuesday in Archives of Surgerynotes. Still, any incident is unacceptable. In one typical case, instead of removing a benign tumor from Doug McCoy's right ear last September, surgeons at Maricopa Medical Center in Phoenix operated on his left ear — which had no tumor.
In an effort to eliminate such blunders, surgeons have been required since 2004 to mark the spot they plan to cut while consulting with their patient before the operation. Nurses are supposed to call a "time out" in the operating room to conduct a final safety check to ensure that the right procedure is performed on the right patient.
So why do these catastrophic mistakes keep happening? Mainly because systems designed to prevent errors are faulty, or not followed, researchers say.
Some surgeons who think they'd never make such a stupid mistake often ignore safety protocols. Stubborn resistance to standardized conduct is part of the culture of medicine.
Airline pilots overcame this barrier long ago. Even the most experienced pilots must run through a checklist before taking off. It may be embarrassing for surgeons to be asked if they know for sure which side — or patient — they're about to operate on. But it's a lot less embarrassing than making a grievous error. Swallowing a little pride may save a limb, or a life.
Hazards in hospitals. Surgical screw-ups are a small part of a much larger patient-safety problem in hospitals.
Incidents such as bedsores, post-operative infections and failure to diagnose and treat conditions that develop in the hospital continued to plague American hospitals, according to a new study of Medicare patients by HealthGrades, a health care ratings company.
The study found that 1.24 million patient safety incidents occurred in nearly 40 million hospitalizations from 2002 to 2004. Those incidents were associated with 250,000 potentially preventable deaths and $9.3 billion of excess costs. For the second straight year, incidents increased slightly.
What can be done? Only 23 states have mandatory error-reporting systems, and standards of measurement aren't consistent. More states need to adopt rigorous reporting systems, and they should publicly release the type and number of patient safety incidents at each hospital. Exposure can spur progress.
That's what Minnesota has done, and it's ranked as the nation's top state for improving patient safety. A unique program there allows fiercely competitive hospitals to work together to share data, highlight best practices and implement tested solutions. As a result, Medicare patients in Minnesota had a nearly 30% lower risk of a safety incident compared with New Jersey, listed as the worst state.
Progress in reducing medical errors has been painfully slow. Speeding improvements requires making safety a top priority, publicly identifying hospitals that miss the grade and rewarding those that exceed it."
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 mvk.brainlaw@verizon.net
