Connect with us!

Call now for a FREE consultation

(561) 375-9500

Broward County Nursing Home Abuse Lawyer 

A nursing home should be a safe place for residents, but too often instances of elder abuse occur. When evidence of mistreatment transpires, the elder’s family needs to take prompt legal action and remove the elder from the home. A family can protect their elder by holding the nursing home owners and operators financially accountable for the harm done.

If you have been the victim of retirement home mistreatment, you should consult a Broward County nursing home abuse lawyer from Kogan & DiSalvo today. By contacting a skilled Broward County injury attorney, a person can seek a civil lawsuit for the compensation of economic losses and non-economic harm.

Florida Nursing Home Abuse Laws

A female nurse guiding an elderly resident in the garden at a nursing home

Florida has a significant number of retired citizens, defined in law as those older than 60 with physical and mental impairments. Broward County also has one of the most strident laws for senior citizens in the nation, and several agencies serving the elderly.

Florida’s elder law protects nursing home residents by ensuring they are treated with dignity and their right to privacy is observed. They also must be allowed to participate in social and religious activities at the nursing home.

The law defines nursing home abuses as acts that are committed with intent to reasonably cause, inflict, or encourage someone to cause physical injury and mental harm, states a retirement home mistreatment attorney of Broward County. A nursing home’s contractual obligations to residents can be breached by such abusive behavior.

What Are Common Types of Nursing Home Abuse?

Side view of an empty hospital bed

A nursing home’s managers and staff commit injustices. Some cases of abuse are even caused by the victim’s fellow residents. Abusive acts under Florida law are:

  • Assault: a violent physical or verbal act
  • Battery: an offensive or harmful contact
  • Neglect: an act causing harm, sexual abuse or exploitation
  • Abandonment: terminating caregiver relationship without notification
  • Isolation: restriction to a room or an area
  • Sexual assault: subjection to sexual contact
  • Extortion: obtaining money by threat or force

Criminal Acts in Nursing Home Abuse and Neglect

Vignette of police car lights at night

Retirement home abuse is a criminal act. According to Florida’s Office of the State Courts Administrator, 190 cases of alleged nursing home abuse occurred in 2011 and 87 of the accused were convicted and sentenced. In 2015, prosecutors charged 161 defendants and 62 were convicted and sentenced.

Florida law demands instances of misconduct be promptly reported to law enforcement. A nursing home owner, manager, or employee who witnesses or has knowledge of an abuse but fails to report it is also committing a crime. The law also provides immunity to individuals who do report abuse or neglect.

Nursing Home Liability

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

Assisted living residences have a legal obligation to keep harm from coming to its residents under Florida’s comparative negligence doctrine. When that obligation is breached, it can cause harm and financial damages. Nursing homes breach their obligation by:

  • Serving foods that are contaminated or expired
  • Failing to address the concerns of a resident
  • Failing to correct hazardous conditions
  • Lapses in security measures such as unlocked doors
  • Not following the instructions provided by a physician or pharmacist
  • Administering wrong doses of medications or an incorrect medication

Potential Compensation for Nursing Home Neglect

A printed medical billing statement with a stethoscope on top of it

A lawsuit will claim economic damages such as moving the elder person to another facility and associated medical care costs. Non-economic damages are emotional trauma and mental anguish inflicted by abusive behaviors. If the abuse was egregious, punitive damages, meant to punish and serve as a warning to others, is available.

How a Broward County Nursing Home Abuse Attorney Can Help

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

No one deserves to be mistreated or abused. If you feel that a loved one has been wronged by their nursing home, consult a Broward County nursing home abuse lawyer from Kogan & DiSalvo today to pursue justice for mistreatment.

Reviews By Real Clients
Hurt in
An Accident?
Dont wait to get your
life back
Badge graphic for Kogan & DiSalvo's "No Fee Guarantee"
Call now or message us
Available 24/7
Message Us For Your Convenience
Free Case Evaluation

"*" indicates required fields

By providing your phone number, you agree to receive text messages from Kogan and DiSalvo. Message and data rates may apply. Message frequency varies.

This field is for validation purposes and should be left unchanged.

Client Stories

Our clients are the reason we are so passionate about our work. We take the time to know you personally. That relationship doesn’t end when your case is settled. When you are represented by our firm, you are part of the Kogan & DiSalvo family.

Case Settlements
$
1
MILLION
Head on collision
$
1
MILLION
Motorcycle hit by car

Our Locations

If you are injured and unable to come to us,
our attorney will come to you - there is no charge for us to do so.