Page 14 - Boca Club News - April '24

Page 14, Boca Club News
Medical Matters: Medical Decisions

By Richard Nagler, M.D., a member It is common for cancer of the pancreas to produce no this among themselves in private. After a short period of
of Broken Sound Club and retired symptoms until it has widely metastasized. In cases where time one of her sisters thanked me for meeting with them and
physician. After graduating from the cancer is discovered very early, usually as an incidental agreed that Hospice was the right decision. Suddenly, one
the University of Pennsylvania and finding during a CT scan, significant advances have been of the sons rose up pointing a finger at me and shouted “Dr
New York University’s School of made in both medical and surgical techniques including Nagler, you will do anything and everything to prolong my
Medicine, Dr. Nagler served his total pancreatectomy with improved 5-year survival. mother’s life.” Before I could respond the sister told him to
internship and residency at Baltimore Unfortunately, because the pancreas lies in proximity to major sit down. She admonished him for having rarely visited his
City Hospital and Johns Hopkins. He blood vessels even a very early small cancer can erode into mother over the years. She asked him if it was his guilt that
followed that with a Fellowship in one of these vessels and spread widely throughout the body. motivated him to interfere in what the rest of the family had
Gastroenterology at Yale University School of Medicine, I sat down at her bedside and gently advised her of the decided was the best option for her. He sat down. I returned to
and was then Chief of Gastroenterology at Fitzimmons truth of her condition, including that there was no cure. I my patient to advise her of the decision, which she accepted.
General Army Hospital in Denver. He returned to the Yale assured her that I would do everything possible to alleviate She went downhill very rapidly with Hospice
Medical School for one year as an Assistant Professor of any pain and suffering she might endure, keeping her as maintaining a morphine drip, the dose high enough to keep
Medicine before opening his own successful private practice comfortable as possible in the weeks ahead. She asked me her asleep most of the time. I saw her every day to make
in Internal Medicine and Gastroenterology. During that to meet with her family to apprise them of her condition and sure she was comfortable. She died peacefully in her sleep
time, he also served for ten years as Chief of Medicine at advise them of my recommendation as to how to proceed three weeks later.
Huntington Hospital in Huntington, N.Y. with managing this unfortunate condition. She had a large When it comes to decision making in the treatment of
An 81-year-old widowed grandmother, a long-term immediate family with a brother, two sisters, a daughter and patients, doctors today often present the options available
patient of mine, came to the office complaining of the gradual two sons. Three of them were local and the others came from and then ask the patient and family to decide. That is a
persistent onset of constant abdominal pain over the past afar to the hospital to meet with me. It was a very difficult lot to ask because they have limited medical knowledge,
10 days associated with abdominal distension, bloating, time for them, especially as this all happened so suddenly in are often emotionally involved and have great difficulty
nausea and loss of appetite. On physical examination her a woman who was previously in good health. in taking on such a momentous responsibility.
belly was very swollen and tense with some bulging at the I explained the diagnosis to them and that there was no I maintain that a doctor should explain fully the
flanks consistent with ascites. This is a condition where fluid cure. I offered two options for her treatment. One was to give treatment options, answer all questions from the patient
accumulates in the abdominal cavity. It is an ominous finding, chemotherapy alone or combined with radiation, which could and family, and then the doctor should tell them what he
and she was admitted to the hospital. A CT scan revealed a prolong her life perhaps by a matter of months but would or she advises as the best choice to follow–at the same
mass in the pancreas, metastases in the liver and enlarged surely be associated with very unpleasant side effects that time explaining that whatever they decide the doctor will
lymph nodes scattered throughout the abdominal cavity. could make her remaining days miserable. The other choice abide by that decision completely. Never should a doctor
A needle aspiration of the ascitic fluid revealed pancreatic was to bring in Hospice and do everything possible to make whose patient has decided on a treatment option other than
cancer cells. She had inoperable stage 4 pancreatic cancer. her comfortable. This is what I recommended to both her that recommended by the doctor react by saying in that
There is no cure, and most of these unfortunate people have and the family. They all were understandably dejected by the case find another doctor. There is no place for that kind
a life expectancy of less than a year. stark reality of the situation and asked if they could discuss of reaction in the doctor-patient relationship.
Legal: House Squatting

By Michael J Posner, Esq. a partner Generally, this procedure can take 30 days, and has a entered the property which was not open to members of
in Ward Damon P.L., a mid-sized cost of about $500, plus any legal fees. As a result of this the public; (iii) that the owner has directed the squatters to
real estate and business-oriented problem, the Florida legislature passed a new law allowing for leave and they have refused; (iv) that the squatters are not
law firm serving all of Florida, with removal of squatters without having to go through the lengthy former tenants; (v) that the squatters are not in title (unless
offices in Palm Beach and Lee County. eviction process. The bill was passed, approved unanimously due to a fraudulent deed); (vi) the squatters are not immediate
They specialize in real estate law by both the house and the senate and is expected to be signed family members; and (vii) that there is no litigation pending
and can assist lenders, buyers and by the Governor, with an effective date of July 1st, 2024. regarding the residence.
sellers with purchases, loan closings The new law states that its purpose is “to quickly restore Once the verified complaint is filed, the sheriff will deliver
and refinances of residential and possession of residential real property to the lawful owner of or post the notice and act to remove the persons. The sheriff
commercial real estate. They can be reached at 561.594.1452 the property when the property is being unlawfully occupied may charge a reasonable fee for this service. If the occupant
or at mjposner@warddamon.com and to thereby preserve property rights while limiting the is improperly removed, they may bring an action against the
Based on the amount of media coverage, it would seem opportunity for criminal activity.” owner and recover triple the fair market rent of the residence.
that house squatting has become an epidemic. Headlines The new law has two elements, a procedure to remove The law also makes any squatter who causes damage
like “Squatters Seize Control of Florida Home, Refuse to occupants/squatters and a criminal element. Removal requires in excess of $1,000 as committing a felony of the second
Leave” and “‘Fairly Big Problem’: Squatters Invade Homes an owner or their agent to file a verified complaint with the degree and if the squatter uses fake documents claiming
and Refuse to Leave. How is This Legal?” sheriff, and the new law includes the form of the verified same to be a valid lease or deed a misdemeanor of the first
House squatting is generally defined as a person who complaint to be used by the owner, which requires the owner degree. Finally, the law holds that anyone advertising to sell
occupies a residence without the owner’s permission. to state (i) they own the property and the date they purchased or lease a property they do not own commits a felony of the
While some squatting arises through trespass (which can be the residential property; (ii) that the occupants unlawfully first degree.
criminal, but police rarely enforce such claims), in many cases
squatting occurs through other means, such as occupancy of
an abandoned or foreclosed home, access through unlocked
or open doors, or access via a third party.
Access via a third party can be innocent as to the squatter.
In some cases criminals target known empty properties and ARCHIVE GALLERIES
advertise them for rent. They produce a lease and collect rent
claiming to be the property owner or agent. The unsuspecting
person then moves into the residence, only to find out later
that the “landlord” was actually a criminal posing as the PAYS HIGHER PRICES FOR FINE ART AND ANTIQUES
owner and that the real owners did not know or consent to
the possession.
Until recently, Florida law treated squatters in essentially • Oil Paintings • Sterling Silver • Collectibles
the same manner as a defaulting holdover tenant. To remove • Oriental Rugs • Objects of Art • Fine Crystal
a squatter required an owner to follow the eviction procedure • Tapestries • Sculptures • Orientalia
outlined under Chapter 83, Florida Statutes, the Florida
Residential Landlord and Tenant Act. This meant providing • Fine Furniture • Bronzes • Tiffany Items
written notice requiring the squatter to vacate the premises • Service Plates • Porcelain • Clocks
(which could be mailed/posted), which gave the squatter
three business days to vacate (and if the notice is mailed, you
have to add five days for processing time). After the notice We Also Purchase Men’s And Ladies’ Items Including:
period expired the owner had to file a complaint in county
court asking the court to grant possession of the property. This • Old Watches • Cufflinks • Smoking Items • Coins • Antique Jewelry
complaint had to be served or posted and gave the squatter • Designer Handbags • Fine Modern Jewelry • Vintage Costume Jewelry
an extra five business days to respond to the complaint.
Assuming no response (or legitimate response) was filed,
the owner then would move for a default and ask the court One Piece Or Entire Contents Purchased
to direct the clerk of the court to issue a writ of possession
ordering the local county sheriff to remove any occupants CALL NOW FOR A FREE CONSULTATION, NO OBLIGATION
in the residence. This procedure would take a few days,
and once received by the Sheriff the writ would have to
be delivered or posted for 24 hours at the residence. Then
afterwards the sheriff would remove (forcibly if necessary) CASH 561-498-7536 COURTEOUS
the occupants. While the squatters would then be removed, PAYMENTS IN HOME
the owner would still have to deal with any possessions UPON REQUEST SERVICE
or damage left behind (the Sheriff no longer removes the
squatter’s possession).