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Delray Beach Nursing Home Abuse Lawyer

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When a family discovers that an elderly loved one who is living in a Delray Beach nursing home or somewhere else in the county has been abused, it is time for quick action. The first step is to remove the abused person from the home.

The second step is to contact a Delray Beach nursing home abuse lawyer from Kogan & DiSalvo for a no-obligation consultation to assess the family’s legal options. A compassionate injury attorney will work hard to achieve necessary compensation and hold those accountable for their actions.

Types of Nursing Home Abuse and Neglect

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

Abuse ranges from rough handling, to violence, and taking financial advantage.

  • Abusive acts include slapping, shoving, tight restraints, and causing a nursing home resident to fall
  • Evidence of abusive behavior includes neglect of personal hygiene, broken prescription glasses, damaged dentures, sprains, bed sores, malnutrition, internal injuries, and broken bones
  • Caretakers also inflict psychological and emotional abuse by casting blame, using ridicule, intimidating, humiliating, and keeping the resident in isolation
  • Health of the abused elder can be harmed by increasing blood pressure, causing panic attacks, chest pains, breathing difficulty, and other conditions

Elder Abuse Law in Delray Beach

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

Elder abuse is a criminal act and authorities must be notified so the offenders can be punished by loss of freedom. Caretakers and others who witness abuse but do not report it are committing a crime, too. If a caretaker reports abuse, immunity from prosecution is granted.

The abuse is also actionable in civil court with intent to recover financially, and if the abuse is egregious, an additional financial award to punish is warranted.

Negligence in Elder Abuse Claims

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

In civil action, personal injury law is invoked using Florida’s comparative negligence standard, which shares financial loss among those who are negligent. Negligence is failing to act with the care a reasonable person would show in a similar situation. It is upon the elder and family to prove the nursing home acted negligently in allowing the abuse.

Negligence has elements that must be proven:

  • Duty of care: A person or a business has a legal obligation to act in a manner that does not cause injury, harm, or property damage to another
  • Breach: An act, or an omission, violates duty of care
  • Causation in fact: But for the breach, the abuse would not have occurred
  • Proximate cause: A particular and foreseeable result happened
  • Damages: Financial loss resulted

Nursing Home Neglect

Elderly woman looking out the window in a nursing home

Negligent acts committed by nursing home staff, managers, and owners include:

  • Failing to treat an elder’s symptoms or warning signs
  • Failing to seek emergency medical care
  • Failing to follow the orders of physicians and pharmacists
  • Serving foods that are contaminated or expired
  • Mistakes in administering medicines
  • Failing to address dangerous conditions on the property
  • Inadequate or no caregiver training
  • Security breaches

How a Delray Beach Nursing Home Abuse Lawyer Can Help

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

A Delray Beach nursing home abuse lawyer will conduct a thorough investigation of the abusive conduct and a background investigation of the nursing home to determine if a pattern of abusive behavior or violations of applicable Florida law and regulations has previously been allowed.

The attorney will question, under penalty of perjury, the nursing home staff, managers, and owners to gather evidence of any violation of the elder’s civil rights, which, if proven, is another cause of legal action, this time at the federal level.

The lawyer will calculate the medical expenses as well as pain and suffering, emotional trauma, and other applicable damages and sue for damages.

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Unfortunately I was involved in an accident, for which I didn’t see the need for an attorney. But I am happy I took the advice to get the help of the team at Kogan & Disalvo. They made sure my medical bills are paid.
Thank you

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Brian Andino was an outstanding lawyer who, along with his hard-working team, handled my personal injury case with professionalism and care. I was injured in a parking lot that was not maintained properly, and Brian, supported by his diligent staff, helped me navigate a complicated legal process with ease. His team was always responsive, organized, and ensured that I stayed informed at every stage of the case.

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5

We would like to thank the team at Kogan and DiSalvo and wish them all a wonderful Thanksgiving. When my wife and I were involved in a small crash in 2021, we met with Ted DiSalvo at the Boca Raton office. Ted was so helpful and made us feel like he really cared about us and took our case even though it was minor. In 2022, we were rear-ended by a commercial plumbing truck that caused major injuries to my wife and I. We naturally called Kogan and DiSalvo back. We knew that they would take care of us again. Tiffany Fanelli was assigned to our case, and, Wow! For over 2 years, we worked with the team at Kogan and DiSalvo. There were times that we had doubts about what our future looked like, but Tiffany always encouraged and reassured us that she was working hard to resolve this case. Recently, Tiffany put together the most impressive presentation we have ever seen in our professional careers and Tiffany won our case in a big way. We are so thankful for what Tiffany was able to accomplish. And equally grateful to the entire team at Kogan and DiSalvo. We highly recommend them if you have to deal with a similar situation. To everyone at Kogan and DiSalvo, we wish you a happy Thanksgiving and a wonderful holiday season.

5

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They communicated frequently and were very patient answering our questions and or concerns. In addition, they negotiated settlements with medical providers which reduced our expenses resulting in larger settlement proceeds.
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I’ve never had to get an lawyer due to an accident before, Kogan and DiSalvo made this process and head ache free as possible. I hope that it doesn’t come to it but if I ever needed to choose someone again I would choose them.

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Great experience with K&G from beginning to end! Amanda worked diligently and kept me informed on any updates throughout the case. My lawyer Jay was also straightforward and trustworthy, he walked me through his plans and processes. Everything was handled well, I didn’t even have to think much about the case or stress. I’m glad I chose this firm & would return if ever necessary!

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5

I am extremely impressed with the service provided by team at Kogan and Disalvo. Jenn remained in constant contact with me during my case. She answered all my questions and was always quick to respond. My lawyer Jay was always professional and explained every step of the case. He always provided updates to my case. I’m extremely happy with this firm and would highly recommend them.

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