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When nursing home abuse or neglect occurs, the family requires the help of a dedicated attorney to stop the abuse and hold accountable those who are responsible through civil legal action. The lawyer can assess the strength of the case, explain the legal procedures and help arrange to move the abused elder to another home. If the case is successful, legal fees are a percentage of the damages award. If the case fails, the lawyer does not collect a fee.
Once someone is aware nursing home abuse has occurred, it is important to contact a Boynton Beach nursing home abuse lawyer from Kogan & DiSalvo as soon as possible. A person has a limited amount of time to file suit once they are aware of the situation, giving rise to the lawsuit. A nursing home abuse attorney in Boynton Beach must put the nursing home on notice quickly, ascertain the insurance information for the nursing home, and begin a prompt investigation.
Abusive Behavior in Florida Nursing Homes
A nursing home’s vulnerable adults are injured by rough handling and violence, including shoving, falling, kicking, slapping, and tight restraints. Injuries inflicted include bed sores, sprains, internal damage, broken bones, and malnutrition. Damaged dentures and broken eyewear can be examples of evidence of abusive behavior. Emotional and psychological harm is inflicted by intimidation, humiliation, ridicule, and casting blame, as well as isolation and neglect.
Defining Negligent Acts
Taking financial advantage of a nursing home resident is another form of abuse. Abuse can be detrimental to health by causing chest pains, increased blood pressure, panic attacks, trouble breathing, and stomach problems, among other ailments.
Acts of negligence committed by owners, managers, and staff of nursing homes include:
- Allowing dangerous conditions on the property
- Security breaches
- Not following doctors’ or pharmacists’ orders
- Failing to promptly seek emergency medical care
- Serving contaminated or expired foods
- Errors in administering medicines
- Failing to address residents reported concerns
- Not treating symptoms or warning signs
Potential Damages in a Nursing Home Abuse Claim
Once a lawsuit is filed, Boynton Beach nursing home abuse lawyers from both sides will conduct discovery. This means that each side will request information from each other, including an opportunity to ask many questions of each other’s clients. Once a trial date is set, an experienced attorney will prepare thoroughly for trial and prepare their client every step of the way.
- Bills (including medical bills)
- Compensatory Damages
- Punitive Damages
- Emotional Distress
- Loss of Companionship
- Pain and Suffering
Applicable Law in Elder Abuse Cases
Nursing home residents are protected from abuse by both criminal and civil law. The applicable civil law is personal injury, which is proven through Florida’s comparative negligence doctrine. This law prevents parties who are at fault from claiming all of their damages, up to 50%. For example, a person who is 20 percent at fault may only claim 80 percent of the damages incurred. A person found 51% or more at fault for their injuries are prohibited from recovery entirely.
Negligence has four elements and each must be proven to win a case. The duty of care requires people not cause harm or property damage to someone else and breaching that duty by committing an act or failing to act, and that breach caused the harm or damage. A Boynton Beach nursing home abuse lawyer can then assess the monetary damages resulted.
Florida’s criminal law requires incarceration for caregivers who abuse residents, and it is illegal to witness an abusive incident and not report it to authorities. Those who do report an abuse have immunity from prosecution.
Role of a Nursing Home Abuse Lawyer
Time is important in discovering, collecting, and preserving evidence because memories fade and evidence can be covered up. A Boynton Beach nursing home abuse lawyer from Kogan & DiSalvo will quickly launch a thorough investigation of the abuse that includes interviewing under oath the defendants, the victim, and witnesses under oath.
The investigation includes a records search to discover if the nursing home has a history of allowing abuse or not obeying state regulations governing these businesses. The attorney will also search to determine if any civil rights of residents were violated.
The lawyer will calculate the damages for medical and therapy treatments, pain and suffering, emotional trauma, and all other expenses related to the abuse. Punitive damages may apply to any abuse that was egregious as a means of discouraging similar behavior.
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joseph rogers
Kimaya Diamond
I had an incredible experience with Kogan & DiSalvo, and I’m truly grateful for everything they did for me. From start to finish, they were attentive, patient, and straightforward about every part of the process. They always made sure I understood what was happening, what to expect next, and answered every question I had, no matter how big or small.
Special shoutout to Charles, Melissa, and Ana for going above and beyond. Their professionalism, honesty, and genuine care made a stressful situation so much easier to handle. I always felt supported and never left in the dark. I couldn’t have asked for a better personal injury attorney team. Highly recommend!
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Jay Schwartz
Charles and Jessica were outstanding!!! They handled our case perfectly!! 5 stars for Logan & DiSalvo!!!
Kristina Popu
Incredible law firm with assessable staff and lawyers just a phone call away. My case was executed in a respectable and timely manner. All details were outlined and organized for me to review before, during and after the whole process. I was kept in the loop and notified of any updates, changes and progress during my case. It does take some time but in the end I would of course use this law firm again!
Rachel Taylor
I had a lot of questions/concerns through this whole process and felt they were very receptive. Staff was also very kind and helpful. Thank you Kogan and Disalvo🙏
kiki simon
Mr. Charles and Jessica did a wonderful job. So dedicated. They keep informed every step of the way. I was well paid for worth. Thank you so much
Webert Cyrius
Charles Bowen is my attorney and Melissa Montoya is my paralegal, and I couldn’t have asked for a better team to represent me. I was dealing with a difficult situation after someone hit my car and injured me, but they made the entire process smooth and stress-free. They were professional, responsive, and truly cared about my well-being. Charles fought hard for my case, and Melissa was always available to answer my questions and keep me updated. I’m extremely grateful for their hard work and dedication. I highly recommend them to anyone who needs strong and compassionate legal representation.
Maureen Robinson
I highly recommend Kogan & DiSalvo P.A..
Darryl Kogan personally called me back himself . He could not have been more professional and nicer to me .Especially since I was at an all time low after my car accident. Sam , the legal assistant always called me back and kept me up to date on what was going on .
Tereina Stidd
I was bowled over by the level of service I received. This firm is top-notch. I was in a terrible accident and the individual who hit me threatened a lawsuit. I called my contact here and they handled EVERYTHING! The icing on the cake – I’m walking away with some cash! They exceeded my expectations and fought for me every step of the way. HIGHLY recommend!
Rachel S
After being in a very unfortunate situation, I was lucky to have help from Kogan and DiSalvo. They worked hard on my case and did everything they could for me. I’m grateful for the entire team’s dedication to get me help in a timely manner. Monica was great with communication and processing time. I even referred a family member to them because I trust them so much. Thank you to everyone who helped!
JoAnn Bradshaw
The staff is awesome !!! I used Charles Bowen attorney and his legal assistant Nancy Fernandez
MIke Lippa
Lulu and Rachel were very helpful and moving this case along this is the second time that I use Coogan and Desalvo and I am very satisfied and would highly recommend them.
Maria
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Cristal Cardenas
Thank you for assisting me with the accident and prompt service.
Charity Johnson
Extremely happy with this firm. They fought for me after I was hurt at a negligible day spa. They were able to get me more than I was hoping for. I recommend them 100%! Not to mention, the care and customer service was always excellent! Angela Martiuk was a doll and so helpful through the whole process, 5 stars for this firm!
Alejandra Lopez
Very professional staff! Highly recommend to all my friends and family! Ana was very helpful in our process.
Rigoberto Castillo
Great firm ! Great customer service and great overall experience
Ría Grossman
Maria went above and beyond during a very difficult time.
Stan Flaum
Very efficient and professional. People are always friendly and knowledgeable
