Monthly Archives: July 2011

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Gilman Law LLP!

Why Gilman and Pastor, LLP? Gilman and Pastor is a national litigation firm specializing in securities litigation, consumer class actions and complex business litigation. For 30 years our attorneys have recovered more than a billion dollars on behalf of our clients. Gilman and Pastor’s managing partner, Kenneth G. Gilman has extensive experience over the last 25 years in recovering funds related to fraudulent Ponzi schemes.

In 1985, Mr. Gilman was appointed by the United States District Court for the Southern District of Florida, as the Equity Receiver, to marshall and recover funds arising out of the massive Ponzi scheme known as the Intercontinental Commodity Pool Fraud. Mr. Gilman pursued and recovered assets for investors from all responsible parties, including the firm’s auditors. He also worked with the Department of Justice, international authorities in Switzerland and the Cayman Islands to penetrate bank secrecy laws and locate funds to which the investors were entitled.

He also worked with the U.S. Prosecutors to make certain that those who perpetrated the securities fraud were sentenced to jail for their crimes. From 1982 through 1985, Mr. Gilman also represented the Receiver in the massive nationwide Lloyd Carr Ponzi scheme. As part of that representation, he pursued responsible third parties as special counsel for the Department of Justice in Massachusetts Federal Court and in litigation nationwide.

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Cancer Misdiagnosis Attorneys-Medical Malpractice

Cancer Misdiagnosis Lawyers in Florida, Gilman Law LLP, Personal Injury Attorneys

Medical malpractice:
Birth Injuries | Erb’s Palsy | Cerebral Palsy | Gastric Bypass | Anesthesia Errors | Surgical Malpractice | Hospital Negligence

A Cancer Misdiagnosis hurts a patients’ chance for a long survival rate, causing wrongful deaths to rise. Detecting and correctly diagnosing cancer is a key factor in a patients’ successful treatment, having a higher survival rate and decreased costs of medical bills for cancer patients. Many doctors fail to diagnose cancer by failing to order proper tests, or by misreading tests. If treatment is delayed, the patient may need much more extensive surgery, chemotherapy or radiation than they might otherwise have needed. Early diagnosis of cancer can mean the difference between life and death. The Florida personal injury law firm of Gilman Law LLP is experienced in handling cancer misdiagnosis/wrongful death lawsuits and will strive to get you the compensation you deserve for your pain and suffering.

Treating cancer after an incorrect or missed diagnosis involves more drastic forms of treatment such as higher dosages of radiation and chemotherapy. Such intense treatments are painful and debilitating and place an added burden of increased expenses for the patient who is already buried in medical bills.

Often, physicians fail to take a patient’s complaint seriously, and in turn do not fully examine the patient. The following are frequently reported types of negligence by doctors in misdiagnosed cancer cases:

  • Failure in identifying an obvious lump during a breast examination
  • Not ordering x-rays, CT scans or MRI’s
  • Not evaluating cancer tests properly
  • Unable to recognize symptoms that are common to the form of cancer the patient is being evaluated for.
  • Mistaking a tumor for an infection or diagnosing the tumor as benign
  • failure to perform a follow-up on test results
  • Not ordering a biopsy
  • Failure to request/order additional tests
  • Failure to perform a patient follow-up examination/discussion

If a correct and early cancer diagnosis is discovered, many cancer cases of cancer are preventable or can be completely treated. A delay in treatment can seriously affect survival rates and the quality of life that a patient experiences. The following cancer types respond especially well to early treatment and diagnosis in most cases:

  • Breast
  • Lung/Thoracic
  • Prostate
  • Colon/Rectal
  • Ovarian
  • Cervical
  • Testicular
  • Kidney
  • Skin/Melanoma

Breast Cancer is Commonly Misdiagnosed

Early diagnosis of breast cancer is critical to start treatment and increase your chances for survival before the cancer spreads. Approximately ten percent of all women will be afflicted with breast cancer in their life. Many physicians will misdiagnose breast cancer as something less dangerous, which can lead to disastrous consequences. Some tests for diagnosis of breast cancer include self-examination or physical breast examination by a doctor, mammography, ultrasound, computerized tomography, fine needle aspiration and biopsy. Misread mammograms are most often the cause for cancer misdiagnosis of the breast.

If you are experiencing pain, suffering or severe financial hardships in Florida due to a cancer misdiagnosis, the medical malpractice/negligence attorney at Gilman Law LLP are here to help protect you legal rights. You should not be paying for your doctor’s mistakes or negligence.
If you or a loved one are living with the consequences of a doctor error or cancer misdiagnosis, it is important to contact experienced medical malpractice and negligence lawyers who can get you the compensation to which you are entitled in accordance with state and federal law.

If your cancer was not diagnosed early enough, contact Gilman Law LLP in our Florida offices in Bonita Springs, Ft. Myers and Naples for a free, confidential, no-obligation case evaluation or call us at 1-800-LAW-INFO(1-800-529-4636). Our medical malpractice lawyers can help you get the compensation you deserve. Our Florida personal injury attorneys are dedicated to obtaining the compensation they deserve.

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Cerebral Palsy

Cerebral Palsy, Childbirth Brain Injury may result from Medical Malpractice/Negligence

Birth Injuries: Erb’s Palsy | Childbirth Injuries

Cerebral Palsy is a disability resulting from injury to the brain before, during or after birth. The Florida medical malpractice attorneys at Gilman Law LLP have a great deal of experience representing the victims of Cerebral Palsy that is the result of medical malpractice. Our medical malpractice lawyers know how devastating a Cerebral Palsy diagnosis can be, and are aware of the emotional and financial costs of such medical malpractice. We are committed to obtaining the best possible financial results for the victims of medical malpractice and their families. If you or a loved one has been victimized by medical malpractice or medical negligence, we urge you to contact one of the Florida medical malpractice attorneys at Gilman Law LLP immediately. Our compassionate and committed medical malpractice lawyers are dedicated to helping the victims of medical malpractice that results in Cerebral Palsy get their lives back on track.

Was a Cerebral Palsy diagnosis for your child caused by medical malpractice?

Cerebral Palsy describes a group of disorders and brain injuries that affect movement control. There is not one specific cause of cerebral palsy, but it can be caused by injury to the brain before, during, or after birth. Very often, such injuries are caused by medical malpractice. The Cerebral Palsy medical malpractice lawyers at Gilman Law LLP will help determine the cause of your child’s condition. The medical providers caring for the expectant mother and the fetus are responsible to assure that they provide adequate care during the pregnancy, during labor and delivery, and immediately after the delivery of the infant. If a doctor or other medical staff fails to interpret and respond accordingly to the changing conditions of the fetus during labor or fails to act on changes in the mother’s condition during pregnancy, they may be found negligent and be held responsible for the child’s injuries.
Failure to perform a Cesarean section in the presence of fetal distress, failure to deliver the infant when the membranes have been ruptured for too long, and excessive use of vacuum extraction can all lead to serious medical malpractice birth injuries. Often, lack of oxygen to the brain or trauma to the head during labor and delivery can cause Cerebral Palsy. Some indications of lack of oxygen to the baby’s brain include: poor sucking after birth, seizures shortly after birth, floppiness of the baby, blue skin, poor breathing resulting in resuscitation, problems maintaining normal body temperature, meconium staining on the baby. Also, if your baby suffers from Cerebral Palsy and your water was broken for more than 24 hours before delivery or if you experienced bleeding or high blood pressure, there is a chance that medical malpractice caused your baby’s condition.

If you are unsure whether your baby has Cerebral Palsy, some signs include:

  • Lethargy, or lack of alertness
  • Irritability or fussiness
  • Abnormal, high-pitched cry
  • Trembling of the arms and legs
  • Poor feeding abilities
  • Low muscle tone
  • Abnormal posture, such as the child favoring one side of their body
  • Seizures, staring spells, eye fluttering, body twitching
  • Abnormal reflexes
  • Muscle tone may change gradually from low tone to high tone; a baby may go from floppy to very stiff
  • The child may hold his or her hand in tight fists
  • There may be asymmetries of movement, that is, one side of the body may move more easily and freely than the other side
  • Developmental delay, with skills such as rolling over, sitting up, crawling, walking and talking

The Florida medical malpractice attorneys at Gilman Law LLP have won many Cerebral Palsy cases and helped hundreds of families deal with the burden of their child’s condition. The victims of medical malpractice and their families often face a lifetime of financial and emotional turmoil, and our medical malpractice lawyers can help you get the compensation you and your child deserve. Please contact us for a free, confidential, no-obligation case evaluation.

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Childbirth Injuries

Childbirth Injuries Include Cerebral Palsy, Erb’s Palsy

Birth Injuries: Erb’s Palsy | Cerebral Palsy

Childbirth Injuries can be caused by medical negligence at the time of birth and the attorneys at Gilman Law LLP located in Florida are experienced in childbirth injury litigation. Our medical malpractice lawyers know how devastating birth injuries can be, and are aware of the emotional and financial costs of such medical malpractice. Our personal injury law firm is committed to obtaining the best possible financial results for the victims of medical malpractice and their families. If you or a loved one has been victimized by medical malpractice or medical negligence, we urge you to contact one of the Florida medical malpractice attorneys at Gilman Law LLP immediately. Our compassionate and committed medical malpractice lawyers are dedicated to helping the victims of medical malpractice and birth injuries get their lives back on track.

If medical malpractice during labor or delivery caused a birth injury to your child that resulted from complications in the process of labor and delivery and from medical malpractice or negligence by the doctors and hospitals, you may be eligible for financial compensation. Childbirth injuries can cause a wide variety of problems for a newborn baby, ranging from mild to severe, and may mean a long road of medical care and emotional turmoil for a family. Parents may not know whether their child has an unpreventable birth defect, or whether the impairment was the result of medical malpractice or medical negligence. Our medical negligence attorneys can help families determine if a birth injury was not preventable, or if medical negligence or malpractice on the part of a doctor or hospital was responsible for the injury.

Each year, about 27 of 1,000 live births result in birth injuries, many of which are caused by medical malpractice or negligence. Delaying or failing to perform a needed C-section is a common cause of birth injuries, as is a physician’s use of excessive force during the delivery, or a miscalculation in the size of the baby. Another major cause of birth injuries is oxygen deprivation which occurs when the umbilical cord is compressed or twisted in the birth process. Mechanical trauma is another typical cause of birth injuries. Mechanical trauma may occur when the baby assumes an unusual position at the time of birth (buttocks rather than head first, for example) or when the baby is too large to easily pass through the birth canal easily. Birth injuries can also be the result of bleeding within the skull or brain, which can lead to long-term seizure disorders. All of these problems during labor and delivery can result in a variety of birth injuries, including:

  • brachial plexus. BPI can be caused by shoulder dystocia, where the baby’s shoulder is stuck behind the mother’s pubic bone during birth. The brachial plexus network causes the arm and hand to move. BPI children can have partial or total paralysis of the arms and hands.
  • Cerebral Palsy: A disability resulting from injury to the brain before, during or shortly after birth. In some cases, the injury is caused by low levels of oxygen suffered before or during birth. This can be the result of negligent medical care, or a mistake made by your doctor, midwife or nurse during the birthing process.
  • Brain Damage
  • Temporary Paralysis
  • Fractured Collar Bone

Childbirth injuries can be caused by a delay in performing a C-section or complication with a vaginal birth after a C-Section such as uterine rupture, use of excessive force during the delivery, or a miscalculation in the size of the baby. One major cause of birth injuries is oxygen deprivation which occurs when the umbilical cord is compressed or twisted in the birth process. The other main cause is mechanical trauma, which may occur when the baby assumes an unusual position at the time of birth (buttocks rather than head first, for example) or when the baby is too large to pass through the birth canal easily. Birth injuries can be the result of bleeding within the skull or brain, which can lead to long-term seizure disorders. Birth injuries have been reported to occur in 27 of 1,000 live births.

If your child has suffered a birth injury as a result of medical malpractice or negligence, please contact Gilman Law LLP for a free, confidential, no-obligation case evaluation. The Florida birth injury malpractice lawyers at Gilman Law LLP are ready to help you get the compensation your family deserves.

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Awards & Recognition

Our Massachusetts Injury Attorneys have been recognized by numerous leading legal publications and are listed in the following:

  • Avvo Rating
  • Life Member, Multi-Million Dollar Advocates Forum
  • Life Member, Million Dollar Advocates Forum
  • Super Lawyers
  • Lexis Nexis
  • LawDragon
  • Association of Trial Lawyers of America
  • Massachusetts Association of Women Lawyers
  • American Association of Justice: Leaders Forum
  • American Bar Association and Member of the ABA Antitrust and Litigation Sections and Forum on Franchising and Litigation Section
  • Public Investors Arbitration Bar Association
Massachusetts Accident Injury Law Firm Awards and Recognitions