The Evidence Is In

Giving back to the community is something that hits us especially deep. Providing support to our neighbors is key to how we function as more than lawyers, but individuals. And when we get the chance to give back to the future lawyers, especially in our community, sign us up.

That’s why MANEY | GORDON Trial Lawyers continues to contribute to the Book Award in Evidence grant at Stetson University College of Law. For the third year in a row, this scholarship celebrates and fosters excellence by rewarding the student who earns the highest grade in Evidence Law at Stetson University College of Law.

For 2023, we recognize Lillian Duncan.

Best of the Best

Lillian’s passion and perseverance earned her $2,500 towards her career in law. But it wasn’t until her work contract was renegotiated by her union that she became seriously interested in studying law. When large changes to her new contract surprised her, Lillian began a path to make changes to those changes. And since the contracts weren’t drafted by union members, but lawyers instead, Lillian set a course for law.

“Coming into law school, I underestimated how difficult the courses and materials would be,” said Lillian. “I am lucky to have a supportive family. My parents and partner all encouraged me to keep trying even though I struggled to keep up during my first semester. The lessons didn’t come intuitively to me, and the exam structure was not something I was prepared for.”

When she learned memorizing wasn’t the most effective for her to retain the material, she pivoted to applying rules to unique situations. That’s when she and her cohorts practiced these rules and applied them to different fact patterns until the materials became second nature. Just like in the real world, it’s when we can apply what we’ve learned to actual situations that it creates the strongest connections in our brains. With this knowledge and these newly learned skills, Lillian is passionate about creating the kind of working environments that are fair, just and easily understood by all.

“It’s hard to find a negative when supporting such a drive for excellence,” says Jack Gordon, managing partner of MANEY | GORDON Trial Lawyers. “That’s what our entire practice revolves around. We strive to be the best and we aim to inspire those to do the same. Lillian’s motivation to fight for the rights and equal treatment of those around her makes me proud to stand beside her.”

Florida’s First Law School

It was October 2^nd, 1900 when Stetson University’s College of Law began. Five students started, but thousands have trained since to become legal experts and societal leaders. Now anchored in Gulfport, there are over 1,000 students and Stetson Law is one of the nation’s top-ranked advocacy programs and LL.M. degree programs in advocacy, elder law and international law. They also share space with a working court, Florida’s Second District Court of Appeal.

The overall employment rate is 93% which is one of the highest in the state and it’s rated as a Best Grad School by U.S. News & World Report in Trial Advocacy and #3 in Legal Writing. They’ve won state, regional, national and even global awards. Stetson is also one of the handfuls of law schools in the country guaranteeing every student can participate in a clinic or externship during law school.

“Stetson is no stranger to pushing the boundaries of greatness,” says Mr. Gordon. “And we are honored to support an institution like that.”

Assisted living facilities are designed to provide a safe and caring environment for seniors who may need assistance with daily activities. Families entrust the care of their vulnerable relatives to these facilities expecting their loved ones to be well treated and properly monitored.  Unfortunately, situations can arise where understaffing or neglect leads to accidents and injuries. If your grandparent or parent has been hurt due to understaffing or negligence at their assisted living facility in Florida, you might wonder who to turn to for help. The role of Florida trial lawyers is to advocate for residents of assisted living facilities and guide families through the legal process.

When They’ve Fallen and Can’t Get Up

Understaffing in assisted living facilities is a serious concern. With an aging population, the demand for these facilities has increased, and some facilities may not have sufficient staff to meet residents’ needs adequately. This shortage can result in inadequate supervision, delayed response to emergencies, and a lack of assistance with daily activities. Such conditions may lead to falls, medication errors, neglect, or abuse, which can cause harm to residents.

Nowcast WESH 2 News reported a pivotal case that spurred legislative changes aimed at safeguarding vulnerable citizens. In July of 2023, former professional guardian Rebecca Fierle pleaded guilty for her involvement in the death of an elderly man, Steven Stryker in Brevard County, a ward under the state’s court-appointed guardian program. Fierle’s actions were deemed criminally negligent, ultimately resulting in Mr. Stryker’s death in May 2019 while under treatment at Tampa General Hospital. Circuit Judge Samantha Ward, overseeing the case, stated, “I don’t believe incarceration is appropriate.” Fierle had previously pleaded no contest to a felony neglect charge in February.

The judge sentenced Fierle to four years of probation, officially adjudicating her guilty. Moreover, the court upheld the revocation of her guardian license and explicitly prohibited her from providing care to elderly or incapacitated individuals in the future. Investigations revealed that Fierle had signed a Do Not Resuscitate order (DNR) and had the patient’s feeding tube capped, all done without his consent. Crucially, the court was not informed of these decisions, leading the state to conclude that Fierle demonstrated culpable negligence.

For many years, Florida law did not provide for mandatory investigations when an elderly adult passed away under circumstances raising suspicion of neglect. Thanks to the case of Stryker vs. Fierle, Senator Audrey Gibson championed a new bill into law that emphasized the responsibility of the state to thoroughly examine cases of elder abuse, identifying potential service gaps, and considering policy changes to enhance the protection of Florida’s senior citizens.

If You Suspect Negligence…

MANEY | GORDON Trial Lawyers has decades of experience bringing justice to the underserved in assisted living communities. If you suspect that the injury of an elderly loved one is a result of understaffing or negligence at your Florida assisted living facility, it’s essential to seek legal counsel from experienced Florida trial lawyers. Our attorneys specialize in elder abuse and nursing home negligence cases and can guide you through the process of seeking justice and compensation for your loved one’s suffering.

Free Consultation: Arranging for a free consultation allows you to discuss your family member’s situation and get a sense of the potential case without any financial commitment. During a consultation with MANEY | GORDON Trial Lawyers, we can evaluate the merits of your case and discuss the best steps forward.

Investigation: Once you decide to proceed, our attorneys will investigate the incident thoroughly. This may involve reviewing medical records, interviewing staff and witnesses, and assessing the facility’s policies and procedures. Gathering evidence is crucial to building a strong case.

Legal Strategy: Our skilled team will develop a legal strategy tailored to your specific case. They will identify the responsible parties, determine liability, and assess the extent of your loved one’s injuries and damages.

Negotiation and Litigation: Many cases are resolved through negotiation with the facility’s insurance company or legal representatives. However, if a fair settlement cannot be reached, we are prepared to take the case to court and fight for your rights in a trial.

Compensation: MANEY | GORDON Trial Lawyers will work to secure compensation for your injuries, which may include medical expenses, pain and suffering, and, in some cases, punitive damages. The goal is to ensure that your family receives the care, support and justice they deserve.

Like what happened with Steven Stryker, elderly individuals must often times rely on caregivers, family members, or professionals to ensure their well-being. Neglect represents a betrayal of the trust placed in these individuals or institutions, eroding the bonds of goodwill that are crucial for a healthy and supportive care environment.

MANEY | GORDON Trial Lawyers recognize the ethical and legal obligations to protect and care for our elderly citizens. Neglect is a violation of these obligations, and we fight for those who violate trust and take advantage of the moral responsibility to protect our most vulnerable members of society. Addressing elderly neglect and endeavoring to provide safety is more than merely a personal, individual familial, concern. Safety, protection and freedom from neglect are human rights.

It’s More Common than You Think

When healthcare providers make errors in diagnosing a patient’s condition, the consequences can be life-altering or even deadly. Physicians must first create a differential diagnosis that is essentially a list of all potential illnesses or infirmities consistent with the patient’s complaints and clinical presentation. Then, by virtue of ordering additional diagnostics and examinations, physicians reduce the list by process of elimination to determine exactly what the patient is suffering from to properly treat and address the condition.

Medical malpractice encompasses various types of errors, including surgical, medication, and anesthesia mistakes. However, it’s worth noting that misdiagnosis accounts for a substantial portion of medical malpractice cases. Surprisingly, data reveals that an astounding 34% of catastrophic or fatal medical malpractice cases stem from a misdiagnosed medical condition.

Misdiagnosis can be a function of not properly considering all possibilities or it can be a function of mistakenly diagnosing the wrong condition. When misdiagnosing a patient is considered medical malpractice, having legal expertise by your side heavily increases your chances to receive justice.

When to Seek Legal Advice

In situations involving critical health issues, a delayed diagnosis, even by a few days, can significantly jeopardize your well-being. In Florida, you typically have two years from the date of the alleged medical malpractice or from when the injury was discovered (or should have been discovered) to file a lawsuit. There may be exceptions to the two-year rule in cases involving minors or cases where the healthcare provider fraudulently concealed the malpractice. That’s why it’s always a good idea to sit down with an expert lawyer, specialized in this area, who can review your case for free. It can be a dark and scary road. Learn how qualified and experienced attorneys can light the best path to recovery.

Managing Partner and expert trial lawyer Jeffrey “Jack” Gordon says, “Don’t allow yourself to be intimidated by the medical system. Speak up and advocate for your own well-being. If you, as a patient, sense that something is wrong, communicate it to your health-care providers. Although it’s important to trust your doctor or nurse, it’s just as important to listen to your body, use common sense, and be proactive.”

Florida’s Medical Malpractice laws provide robust protection to medical professionals. It requires skill, experience, and knowledge of medicine to pierce such legal insulation and to hold errant doctors and nurses accountable.

In 2006, Allan Navarro received a verdict from a Florida jury totaling $216.7 million for suffering brain damage due to medical professionals misdiagnosing symptoms resembling a stroke. Even though he informed the nursing staff about his family’s stroke history, the medical professionals diagnosed him with sinusitis and prescribed painkillers. The following day, Navarro had to undergo surgery to alleviate the swelling in his brain. He is wheelchair-bound to this day.

In 2019, another Florida jury awarded $33.8 million in damages to the mother of a baby born with severe brain damage. While in labor, the doctor allegedly instructed the nursing staff to use a medication at its maximum potency that endangered the baby’s blood supply. Despite warning signs, the doctor reportedly left the delivery room on multiple occasions, once to take a phone call from his stockbroker. He failed to perform a timely C-section, even as the birth prolonged and exhibited signs of severe complications. Later, Dr. Atogho had falsified the mother’s medical record, saying she had declined a C-section.

Floridian lawsuits like these have the potential to yield substantial financial compensation for the victims and their loved ones on their road to achieving justice. Some cases are resolved through extrajudicial settlements, while others proceed to trial, culminating in jury verdicts. Awarded damages frequently reach fair and significant amounts.

Taking Control of Your Case

If you ever find yourself uncomfortable with the diagnosis you’ve received, seeking a second opinion is a reasonable course of action. It’s essential to provide your doctor with a comprehensive list of the medications you’re taking and a detailed health history. If, despite having access to this information, your doctor negligently fails to conduct thorough research into your symptoms and history to make an accurate diagnosis, you may have grounds for a medical malpractice claim.

In preparation for taking legal action, maintaining a detailed record of your experiences and the deterioration of your health is crucial. Documenting the process can provide valuable evidence to support your case and ensure that those responsible are held accountable for their negligence. Given the complexities of Florida’s statute of limitations, it’s advisable to consult with an experienced medical malpractice attorney like those at MANEY | GORDON Trial Lawyers. If you suspect misdiagnosis or experience adverse effects of medical treatment, the earlier you speak with an expert medical malpractice attorney, the better.

Everyone Is Doing It

The new year is a great time to work harder on relationships, careers or personal growth areas. The truth is, while we don’t need a pre-determined time to make the moves we want to make, it can be easier to start something, and even stay with something for longer if you participate with others. And when better to participate with others than New Year’s Eve? But studies show, however, that only about 9% of Americans keep their resolutions while 23% quit by the first week and 43% quit at the end of January.

Why So Many Fall Flat

While there are other reasons people may fail, here are four core reasons people may fall short on their resolutions:

• Goals should start at a time of change or need for change. So many resolutions are set because of tradition. If there’s not a need or a value attached to the goal you want to achieve, then it’ll drastically reduce the chances of success.
• Expect Obstacles. Keep it real. No matter your goal, you’ll come across obstacles. Expecting this doesn’t mean you have to be ready for everything that comes your way. It just means you are aware that your goal isn’t a straight line. This alone is enough to improve your chances of achieving it.
• Set goals into challenging, measurable chunks. Completing goals, even the small ones on your way to the larger one, creates positivity. You can celebrate these wins and see your progress as you track your course ever closer from where you were to where you are going.
• Accountability. Here are a few ways you can set accountability for yourself and your goals: tell a friend, join an accountability group, track your progress, even hire a coach. 

The Top 9%

These 9% are more likely to stay with their resolutions whether they make them for the New Year or not. They don’t have to be persuaded by tradition or other people to make the kinds of changes in their lives they want to make. It could be a Spring, a July 21^st or even a rainy day resolution. When the realization of the need occurs, the action begins. It comes back to the kind of person we want to be and whether we have the perseverance and responsibility to follow through with the goals we’ve set. It’s something that comes from inside of us. Not a date on a calendar.

Nothing Worthwhile…

There’s a direct correlation between the difficulty to achieve a goal and the reward received when completed. That is why “Nothing worthwhile comes easy” rings true. The reward is longer lasting and creates character only if it’s something that is earned. And it’s through this work that creates a sustainable path forward for growth. Whether it’s personal or business related, elevating the “process” is, while less than comfortable, creates the success, meaning and fulfillment we most try to fill with shopping, food or scrolling. The top 9% understand the prize is in the process. Certainly Jeffrey “Jack” Gordon does, Managing Partner of MANEY | GORDON Trial Lawyers relishes in the process. “It’s in the process we find the reward,” he says. “It’s counterintuitive to enjoy the challenge and focus not on the result, but it’s true none the less. The more we practice this, the more it will be reinforced.” This is one of the reasons he’s able to continually create positive impacts and earn the types of honors and credentials that keep him amongst the top echelon of lawyers to this day.

How This Bleeds Into Business

Businesses can also make New Year Resolutions, right? I mean, why not? Some could argue it’s easier for a business to fulfill these goals because those pushing these goals into fruition are getting paid. There’s a “high-valued” reward for achieving these results in a way we can’t quite receive on our own for eating broccoli over ice cream. Also, the types of people running these business are more closely aligned with the top 9% already who don’t need a date to start the kind of change they want to see, hence them being business owners. They’ve set values and precedence of hard work, perseverance and the kind of quality necessary to earn the trust and dollars of clients or consumers. But that doesn’t always mean their resolutions are the best for those they touch.

Resolutions Aren’t Made Equal

While all companies need profit in order to maintain its business structure, some make this a priority over values. When superficial values like money and size matter more than those with substance like love, honor, justice or truth, shallow companies are the result. Now, nobody is perfect, and certainly no company is either as they are run by people, but there are some businesses that stand for things that help us lead safer and more quality lives than others. And with no shortage of options out there in a wonderfully full market from clothes and cars to land surveyors and law firms, these companies carry more than the products they produce. How they produce them and what they show means more now than it has in history. We have a choice with whom to transact. If we take the time to work with companies that align more closely with our values, they’ll have to change what they value in order to keep/earn our business.

Resolving the New Year’s Resolution Problem

There are plenty of percentage points available to add to the 9% mark. And there are plenty of businesses in need of updating their values and messaging that reflects their practices. The more we support those business that align more with our values, the more we’ll surround ourselves with the kinds of people, companies, values we want or see in our lives. We’ll reinforce those qualities and be less influenced by a calendar date to make the changes in our lives we want whether a career shift, getting in shape, committing to a family, etc.

The more we surround ourselves with people who overcome adversity, the more familiar we will be with obstacles and that they will always exist. “Failure” is an important part of the process because it’s a learning opportunity. At least, that’s what the top 9% view it as. Otherwise, that stress of failure as the end would be too negative to be able to sustain for the long-term goals. There’s a different view available to us of these valleys, problems, obstacles that come in the way of our goals. It’s that perspective we can learn to adopt more of in order to find more success in our resolutions.

Or we can simply be ok with the fact we don’t want to join the 9%ers and live a happy life that way too. As long as achieving that goal doesn’t require us to first become one of the 9%ers in order to achieve it…