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Boynton Beach Nursing Home Abuse Lawyer 

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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

Nostalgic senior woman with eyes closed hugging picture frame, standing by window at home.

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

Nursing home nurse pushing a woman in a wheelchair through a garden

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

A stethoscope and calculator on top of a printed medical bill

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

A gavel laying on top of a legal book in front of scales

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

The attorneys at Kogan & DiSalvo in front of their office building

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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Average rating: 4.9

5

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5

After my vehicle was rear ended and totaled. I reached out to Brian Andino for all my legal concerns. Mr.Andino was phenomenal, he answered all my questions and kept constant communication through my 15 month ordeal. I highly recommend Brian for anyone looking for honest attorney.

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(Original)
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5

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5

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4

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5

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5

I would like to thank my attorney Jay London and his paralegals Heather and Mandy for taking care of my case after my motor vehicle accident. They made it easy to handle my case and dealing with my insurance company. I will always be grateful for your help.

Thanks.
Lucy

5

It’s never a good experience when you’re involved in an accident. But when a firm believes in you and continues to represent your case diligently and guides you legally through the process no matter the end result you feel you entered the process with a great team.
Don’t hesitate to call and ask “ can you help me?” You will get a fair evaluation and excellent representation.
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5

We had a wonderful experience with Kogan & DiSalvo. They were extremely professional, knowledgeable and supportive during the entire process. They kept us informed every step of the way and were able to settle our case quickly. Should you be in need of a personal injury attorney, we highly recommend them.

5

They were kind and knowledgeable.
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5

I am so happy that I decided to go with Kogan and DiSalvo. They always kept me up to date and delivered on their promises. The staff was very kind and helpful, and my lawyer was extremely intelligent and fought hard to get me the most I was able to. Going with this law firm was the best decision I ever could have made

5

I had the opportunity to work with Rachel Schrager, George M. Bakalar and Amanda (paralegal) following a serious accident, and I cannot recommend them highly enough.
Rachel took the time to understand the nuance of my situation.
Throughout the process, communication was excellent. I was kept informed at every stage, and all my questions were answered promptly and clearly.
Most importantly, diligence and persistence led to a favorable outcome in my case.
If you’re looking for a personal injury lawyer who is knowledgeable and experienced, call Kogan and DiSalvo.

5

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5

I couldn’t be happier with the way Kogan and DiSalvo handled my case from day one until its resolution. My attorney was always available and I was kept up to date throughout the process. The entire staff was professional, thorough, and empathetic to my feelings and concerns. They fought for what was fair and right. That’s all I asked for and that’s what they delivered. I wish to express my gratitude and say that choosing this firm would never be a mistake if you are in need of a good attorney.

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